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Privacy Policy
Terms of Use

Effective as of: July 15, 2010

Welcome to the Wisecracker Luggage website (the “Site”), which is owned and operated by Wisecracker, LLC (“Wisecracker” or “we”).  This Privacy Policy constitutes an integral part of the legal contract between you and us concerning your use of the Site.  This Privacy Policy also constitutes part of the terms and conditions (such as official rules) that govern your participation in any and all online and offline surveys and promotions (contests, sweepstakes, giveaways, etc.) sponsored by  Wisecracker (each, a “Wisecracker Sponsored Event”). 

Wisecracker respects your online privacy.  This Privacy Policy informs you of what information we may collect from or about you on the Site, how we may use such information, and your rights and choices regarding our use of your information.  PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. By using the Site or participating in a Wisecracker Sponsored Event, you acknowledge that you have read this Privacy Policy, and agree to be bound by it.  If you do not agree to any of the terms contained in this Privacy Policy, please refrain from using the Site or disclosing personal information on the Site or participating in any Wisecracker Sponsored Event. 

Notice To California Residents – Your California Privacy Rights:

Effective January 1, 2005, under California Civil Code Section 1798.83 (known as the “Shine the Light” law), if an individual who is a California resident has provided personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual's personal information to a third-party and knows or should have known that such third-party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom it was shared. A business may comply with this law by: (i) having EITHER a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use if the customer has opted out to prevent his/her personal information from being shared for direct marketing use; AND (ii) notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.

We may from time to time share customer information with third parties so that they may offer, market and advertise products and services directly to our customers.  Our customers may opt out of such information sharing pursuant to Section 4(b) below.  Any request for a disclosure required under this California law should be sent to us via email at customerservice@wisecrackerluggage.com or via postal mail at Wisecracker, LLC, 204 H Street, Petaluma CA 94952.  Please note that under this law, we are not required to respond to a customer‘s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
1.         TYPES OF INFORMATION WE COLLECT
(a)        Personal Information. This refers to personally identifiable information, such as first and last name, telephone number, email address, mailing address, and Payment Account Information (as defined below).  We collect Personal Information from you: (i) when you register to establish an account on the Site; (ii) when you register to participate in a Wisecracker Sponsored Event; (iii) when you join our electronic mailing list; (iv) when you make a purchase on the Site (in such event, we collect your credit card, debit card, or other payment account information (“Payment Account Information”) in order for us to accept, process, manage, and fulfill your purchase order as well as to process any return and refund request from you after the purchase); and/or (v) when you submit a request or inquiry to us on the Site (each of the foregoing is referred to hereinafter as a “Transaction or Request”).  Whether or not to disclose Personal Information is completely your choice.  However, without your information, we will not be able to process your Transaction or Request. 
(b)       Aggregate and Anonymous Information.  This refers to any information that does not identify you individually.  For example, we may collect anonymous group data (demographics, interests and preferences, etc.) about customers when they register on the Site or participate in a Wisecracker Sponsored Event.  We also collect aggregate traffic data pertaining to the Site, such as: total page views in a given time period; total impressions per ad; average amount of time that visitors spend on the site each time they visit; average amount of time that visitors spend on each page of the site; percentage of visitors from a certain geographical area, etc.  Moreover, we may combine “User Activity Information” (as described below) about you and other users of the Site to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users as a group.  In addition, we may take Personal Information and make it non-personally identifiable, such as by aggregating your information with information about other individuals, or by removing personally-identifiable elements (such as names) so as to “anonymize” or “de-personalize” your information. 

(c)        User Activity Information.  This refers to information we collect about user activities on the Site.  For example, our Site servers automatically collect and log “clickstream data” for all visitors to the Site, such as IP addresses (which are numerical numbers that are automatically assigned to users’ computers and mobile devices when they are surfing the Internet), page requests, pages visited, content viewed, clicks and search queries made, etc.  We also use cookies and web beacons to collect user activity information on the Site (see Section 6 below for more information). 

To the extent we use User Activity Information in a manner that identifies a specific user individually (e.g., if we link or associate such information with name or address), it will be treated as Personal Information.  Otherwise, User Activity Information will be treated as Aggregate and Anonymous Information.
2.         OUR USE OF INFORMATION
As a general matter, we use information collected from and/or about our users and customers to improve our products and services, to improve the pages and content of the Site, to administer and maintain operations of the Site, to process, administer and manage transactions and relationships with our users and customers, to offer, market and advertise products and services to our users and customers, and to conduct market research and analysis.

(a)        For Transactional, Administrative and Customer Relation Purposes.  If you provide Personal Information to us in connection with a Transaction or Request, we will use your information to process, administer, manage, and communicate with you regarding, such Transaction or Request.  For example: (i) if you register to establish an account on the Site, we will use your information to set up, administer, service, and communicate with you regarding, your account; (ii) if you register to participate in a Wisecracker Sponsored Event, we will use your information to process your entry and to conduct and administer the event (including, in the case of a contest or sweepstakes, communicating with you in the event you are selected as a winner); (iii) if you join our electronic mailing list, we will use your information to send you our electronic communications, including our newsletters and our company announcements, notices and updates; (iv) if you make a purchase from us, we will use your information to process and fulfill your order, to communicate with you regarding the same, and to provide customer service to you; please note that we will use your Payment Account Information only for purposes related to your purchase and will not use such information for any other purposes; and (v) if you submit a request or inquiry to us, we will use your information to respond to your request or inquiry. 

Also, if you provide your email address or mailing address to us, we may use such address to send you notices of a transactional, administrative or relationship nature or as required by law, such as notice of a material change in this Privacy Policy, notice of an actual or suspected security breach that affects your Personal Information stored by or for us, etc.

(b)       For Marketing and Advertising Purposes.  We may use your Personal Information to offer, market and advertise to you, on the Site and/or via email and/or postal mail, our and/or third-party products and services that may be of interest to you.  You may opt out of our use of your information for such purposes pursuant to Section 4(b) below.  

(c)        For Market Research and Analysis Purposes.  We may use Aggregate and Anonymous Information to conduct market research and analysis for ourselves as well as for our sponsors and business partners.
3.         DISCLOSURE TO THIRD PARTIES
(a)        Disclosure to Third Parties for Direct Marketing and Advertising Purposes.  We may from to time share your Personal Information with third parties so that they may offer, market and advertise products and services directly to our customers.  You may opt out of such information sharing pursuant to Section 4(b) below. 

Please note, however, that we do not knowingly share your Payment Account Information with third parties for their direct marketing and advertising purposes (EXCEPT with your prior opt-in consent).

(b)       Disclosure to Co-Sponsors.  From time to time, we may co-sponsor (online and offline) events and/or product/service offerings with non-affiliated third parties.  If you participate in such co-sponsored events or offerings, any Personal Information we collect from you based on your participation may be shared with our co-sponsors who may use such information for their own marketing and advertising purposes.  You must contact our co-sponsors directly in order to opt out of their use of your information for marketing and advertising purposes.

(c)        Disclosure to Service Providers.  We may disclose your Personal Information to our outside vendors and contractors who need to access such information to perform services for us or on our behalf, such as: credit card/debit card payment processing; order processing, fulfillment, and shipment; customer service support; hosting, operation and maintenance of the Site; data storage and security; survey/promotion administration; and marketing and advertising support (hereinafter collectively as “Service Providers”).  Generally, we require that our Service Providers use your information shared by us solely for the purposes of performing their services to us and that they maintain the confidentiality, security and integrity of such information and not further disclose the information to others.

(d)       Disclosure Under Other Circumstances. We may disclose your Personal Information to others if doing so is required by law or, in our good faith belief, is reasonably necessary to: (i) comply with legal process (including a court order or subpoena); (ii) cooperate with law enforcement; (iii) enforce this Privacy Policy and/or other legal notices for the Site; (iv) respond to an emergency; or (v) protect the rights, property or safety of Wisecracker, one or more members of our users and customers, and/or the public.

In addition, we may transfer your Personal Information as part of our assets if we (or parts of our businesses) are sold or transferred to, merged with, or acquired by a third party.  Upon such transfer, the privacy policy of the acquiring entity may govern the further use of your information.

(e)        Unrestricted Disclosure of Aggregate and Anonymous Information.  Given the anonymous, non-personally identifiable nature of such information, there are no restrictions under this Privacy Policy on how we may use or disclose such information.  For example, we may freely share such information with third parties who may use such data for their own marketing, advertising, research, or other business purposes.  
4.         UPDATE/CORRECTION; YOUR CHOICES
(a)        Information Update/Correction.  If you have an active account on the Site, you may at any time update and correct your account information by logging into your account and going to the “Edit Profile” page.  If you wish to update/correct your Personal Information previously provided to us but do not have an account with us, you may send your request to us via email at customerservice@wisecrackerdesign.comor via postal mail at Wisecracker, LLC, 204 H Street, Petaluma CA 94952.  We will endeavor to process your request as soon as possible after receipt.
(b)       Your Choices 

            (i)         Opt-Out for Our Email/Direct Mail Marketing.  You may request to opt out of receiving marketing emails and direct mailings from us by sending your request to us via email at customerservice@wisecrackerluggage.com or via postal mail at Wisecracker, LLC, 204 H Street, Petaluma CA 94952, or by using the opt-out means (e.g., an “unsubscribe” link) provided in a marketing email you have previously received from us.  We will endeavor to process your request as soon as possible after receipt.  Please note the following:

  1. Your opt-out will apply only to our emails and direct mailings of a marketing/advertising nature and will not stop emails/mailings from us relating to your Transaction or Request or of a transactional, administrative or relationship nature, or as required by law, such as notice of a material change in this Privacy Policy, notice of an actual or suspected security breach that affects your Personal Information stored by or for us, etc.

 

  1. If you provide us with a “wireless” email address (i.e., an address that is designated by a wireless service carrier specifically for transmitting emails to a wireless device), the regulations of the Federal Communications Commission (FCC) prohibit us from sending marketing emails to that address without your prior opt-in consent.  The FCC has published a list of domain names used by wireless service providers to transmit emails to wireless devices, at http://www.fcc.gov/cgb/policy/DomainNameDownload.html.  Wireless service providers must add new domain names to this list within 30 days of activating them.  If your email address contains a domain name on this list (after the “@” symbol), then we will treat your email address as a “wireless” email address.  However, the mere fact that you can retrieve emails from your regular Internet email account on your mobile/wireless device, does not make your Internet email address a “wireless” email address.

            (ii)        Opt-Out for Disclosure to Third Parties for Direct Marketing and Advertising Purposes.  You may request to opt out of our sharing of your information with third parties for their direct marketing and advertising purposes, by sending your request to us via email at customerservice@wisecrackerluggage.com or via postal mail at Wisecracker, LLC, 204 H Street, Petaluma CA 94952.   We will endeavor to process your request as soon as possible after receipt.  Please note the following:

  1. Your opt-out will not stop continued marketing and advertising use of your information by those with whom we have already shared your information prior to your opt-out.  To opt out of their further use of your information, you must contact them directly (or use the opt-out means provided by them).

 

  1. If you participate in an event or a product/service offering that is co-sponsored by us with one or more third parties, you must contact our co-sponsor(s) directly in order to opt out of their use of your information for marketing and advertising purposes.

            (iii)       Cancellation of Account/Deletion of Information.  If you wish to cancel/close your account on the Site or to have your Personal Information permanently removed from our records, you may send your request to us via email at customerservice@wisecrackerluggage.comor via postal mail at Wisecracker, LLC, 204 H Street, Petaluma CA 94952.  We will endeavor to process your request as soon as possible after receipt.  However, we reserve the right to retain your Personal Information if doing so is required by law or to comply with legal process (including a court order or subpoena) or a legitimate law enforcement need.
5.         HOW WE PROTECT YOUR INFORMATION
We use a secure server for the Site.  When you make a purchase on the Site, your Personal Information (including Payment Account Information) is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider’s database only to be accessible by those authorized with special access rights to such systems and who are required to keep the information confidential. 

While we use commercially reasonable measures to safeguard your Personal Information, no absolute security can be guaranteed.  It is important for you to protect against unauthorized access to your password and to your computer.  We urge you to keep your account login information in a safe place and not to divulge it to anyone.  Also, remember to sign off your account and close your browser window when you have finished your visit.  This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet cafe.  We will endeavor to notify you in the event we become aware of a breach or suspected breach of the security of your Personal Information stored by us.  However, we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism.   
6.         COOKIES & WEB BEACONS
(a)    Cookies.  Cookies are small files that a website or its service provider transfers to your computers hard drive through your web browser (if you allow) that enables the site or its service provider’s systems to recognize your browser and capture and remember certain information.  We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.  We may contract with third-party Service Providers to assist us in better understanding our site visitors.  These Service Providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.  We may use information collected from cookies together with Personal Information we have collected from our users.  We do not, however, use cookies to access information on your computer or device.  If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings.  Like most websites, if you turn your cookies off, some of our services may not function properly.  However, you can still place orders over the telephone.
(b)    Web Beacons. Web beacons are small bits of code embedded in web pages or in emails. We may use web beacons to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns.  We also may include web beacons in emails to learn if messages have been opened, acted on, or forwarded.  Web beacons cannot be declined when delivered via a regular web page.  However, web beacons can be refused when delivered via email.  If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

7.         LINKS TO THIRD-PARTY WEBSITES
The Site may contain links to third-party sites that are not owned or controlled by or affiliated with us.  We are not responsible for the privacy practices of such third-party sites.  Once you enter such a third-party site, this Privacy Policy will no longer apply, and any information collected from or about you on that third-party site will be governed by the privacy policy of that third party.  Such third-party sites’ privacy policies and practices may be substantially different from ours.  They may send their own cookies to you and may collect data about you and make use of that data in ways that we would not.  You access such third-party sites entirely at your own risk.  You should always read the privacy policy for a third-party site before disclosing any personal information on such site.
8.         PROTECTING CHILDREN
The Site is not designed or intended for children under the age of 13, and we do not knowingly collect personal information from children under 13 on the Site.  Children under the age of 13 will not be permitted to register or make a purchase on the Site.  If we discover that any registration or purchase is made by an underage child, such registration will be immediately and permanently canceled and removed from the Site, with or without notice.  We urge parents and guardians to spend time online with their children and to participate in and monitor the online activities of their children.
9.         CHANGES TO PRIVACY POLICY
We reserve the right to modify this Privacy Policy from time to time in our sole discretion.  For example, we may amend this Privacy Policy in order to address new developments in federal and state consumer privacy laws, or to conform to changing industry practices.  If we make material changes to this Privacy Policy, we will announce and post such changes on the Site for the general public.  If you have provided your email address or mailing address to us, we may also notify you of such material changes via email or postal mail.  If you have an active account on the Site, we may ask you to affirmatively consent to and accept the changes at the time of your next account login on the Site.  By continuing to use the Site after such notice and/or consent, you are bound by this Privacy Policy as modified.
10.       OUR CONTACT INFORMATION
Should you have questions about this Privacy Policy or our information collection, use and disclosure practices, you may contact us via email at customerservice@wisecrackerluggage.com or via postal mail at Wisecracker, LLC, 204 H Street, Petaluma CA 94952.