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Legal - Donna Karan

  • Privacy Policy

    THE DONNA KARAN NEW YORK PRIVACY POLICY

    This website, which is located at www.DONNAKARAN.com (the “Site”), is published and maintained by The Donna Karan Company LLC and The Donna Karan Company Store LLC, 550 Seventh Avenue, New York, New York 10018, +1-877-316-0975 (collectively, "DKC" or “we” or “us”). This Privacy Policy applies to your access to and use of the Site and any other website, microsite, mobile device application, Internet property or related service owned or operated by us. We refer to the Site and these other properties collectively as the "Properties.” Please read through carefully to understand our practices regarding personal information and how we use and treat it. By visiting the Properties, and/or using the related services, you agree to the terms of this Privacy Policy as they may be amended from time to time. As we update and expand our services, this Privacy Policy may change, so check back to this page from time to time. In certain circumstances, you may be notified of such changes by email, text, SMS or other means. This Privacy Policy is incorporated into, and part of, the DONNA KARAN NEW YORK Terms of Use, which governs your use of the Properties.

    NOTE FOR INTERNATIONAL USERS: If you are accessing the Site from outside of the United States of America and place an order, you agree to and will be subject to the Terms & Conditions and Privacy Policy of DKC’s international fulfillment partner, Borderfree, Inc., 292 Madison Avenue, Fifth Floor, New York, New York 10017, +1-212-299-3500 (“Borderfree”). Please review Borderfree’s terms and policies before placing an order with Borderfree. Borderfree may share information with us and, in that event, we will treat your information in accordance with this Privacy Policy.

    PURPOSE

    Your privacy is a serious matter to us. In order to make your visits to the Properties and use of the related services as worthwhile as possible, we may ask you for Personal Information and we may collect certain information from your computer each time you visit us. "Personal Information" includes, for example, your name; your username on third-party social media sites; home and/or business address; e-mail address; telephone, mobile, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; credit/debit card and other payment information; location information; language preferences; demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. This Privacy Policy explains, in general, what Personal Information and other information is collected via the Properties, how the information is used, and with whom we may share such information. Please take a few minutes to read our Privacy Policy so that you understand how DKC treats your information.

    RIGHT TO OPT OUT

    You have the right to "opt-out" of certain of our uses of your Personal Information at any time. For example, at the time you are requested to provide Personal Information on the Properties, you may have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities for their marketing purposes. (We will not share, sell or trade your Personal Information with other entities outside of the LVMH Family for their marketing purposes without your permission. See the "Do we share Personal Information and Usage Information with others?" section below for more information about our data sharing practices.) You may also make this request by visiting our unsubscribe page. You may also opt-out of DKC's promotional e-mails at any time by clicking on an opt-out link within the e-mail you receive.
    Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions, and communications with us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly.
    You can also control certain cookies and tracking tools. To learn more about our tracking and how to manage how we – and our vendors – use cookies and other tracking tools, please click here

    What Information is Collected?

    USER-PROVIDED INFORMATION

    We may collect Personal Information from users of our Properties, for example, through such users' activities, transactions and completion of online forms on the Properties. Such information is collected, for example, when users register or subscribe for accounts, electronic newsletters, or features on our Properties, make online purchases, enter sweepstakes and contests, complete surveys, post materials, contribute to a chat room, bulletin board, list serve, blog, wiki or other open forum that we may make available on or through our Properties, submit a comment or question to us using a "Contact Us" or similar feature on our Properties, send us an e-mail, or in any other way submit Personal Information to us via our Properties.
    You may be able to send information about our products and services to your friends and family members through the Properties by clicking on an "E-mail to Friend" or similar button on the Properties or in an e-mail that we have sent you. In some of these cases (unless you simply forward our e-mail on your own), you may provide the name and e-mail address of your friend or family member to us. You should only do this if you know your friend or family member would consent to such sharing. Such information will be treated in accordance with this Privacy Policy and applicable law.
    You may also be able to send an online card or message to a friend or family member, or send them a gift or gift certificate. If so, you may be required to provide us with your friend's or family member's Personal Information. You should only do this if you know your friend or family member would consent to such sharing. Such information will be treated in accordance with this Privacy Policy and applicable law.
    NOTE FOR INTERNATIONAL USERS: The Personal Information that we collect from you or that we may receive from our third-party vendors, including Borderfree, may be transferred to, and stored at, locations in the United States of America, outside of the country or other economic area in which you reside (including the European Economic Area (“EEA”)). The information may also be processed by staff who work for DKC, its affiliates, or its service providers, and who are located outside of the country or economic area (including the EEA) in which you reside. Such staff may engage in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your Personal Information and engaging with the Properties, you agree to this transfer, storing and processing. DKC will take reasonable steps to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy.

    USAGE INFORMATION

    We may automatically collect anonymous Usage Information that does not identify an individual user ("Usage Information"). For example, each time you use the Properties we may automatically collect the type of web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to such Properties. We use this information to help us understand how people use Properties, and to enhance the products and services we offer.

    COOKIES

    We may use "cookies" to keep, and sometimes track, analytics and information about you. Cookies are small data files that are sent to your browser or related software from a web server and stored on your computer's or mobile device’s hard drive. Cookies track where you travel on the Properties and what you look at and purchase. They may store the information in your shopping cart, wish list and/or your username and/or password. A cookie may enable us to relate your use of the Properties to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience on the Properties, to determine which areas and features of the Properties are most popular, and to make improvements and updates to enhance the Properties experience.
    If you do not wish to have cookies on your system, you can set your browser preferences to refuse them or to alert you when cookies are being sent. To disable cookies, please consult your browser’s “help” section for instructions. Additionally, if you have a Flash player installed on our computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Properties or certain areas or features of the Properties including preventing you from purchasing products from the Properties.

    CLEAR GIFS

    We may use "clear GIFs" (aka "web beacons" or "pixel tags") or similar technologies, in the Properties and/or in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual's viewing or receipt of a web page or message. A clear gif may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personal Information.

    IP ADDRESS AND CLICKSTREAM DATA

    Our server automatically collects data about your server's Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that is automatically assigned to your computer by your Internet service provider whenever you are on the Internet. When you request pages from the Properties, our servers may log your IP Address, domain name, location, language preferences and other aggregate information. Our servers may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on the Properties; the website you visit after the Properties; the ads you see and/or click on; your product interests and purchases; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on the Properties or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer the Properties. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information. Any or all of these activities with regard to website Usage Information may be performed on our behalf by our services providers including, for example, Borderfree and Linkshare.

    HOW IS THE PERSONAL INFORMATION USED?

    We will use the Personal Information you provide to the Properties, for example, to respond to your requests and to provide you with our product and service offerings. For example, we will process your orders, respond to your requests and inquiries and provide you with the products, services and features offered on or through the Properties. We may also use your Personal Information to help us develop and improve the Properties, tailor the Properties to your interests, and maintain our internal record keeping. We may match information collected from you through different means or at different times, including both Personal Information and Usage Information, and use such information along with information obtained from other sources, including third parties. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies, promotions, contests and events, sponsored by us and others, that we think might interest you. DKC may offer electronic newsletters and e-mails as a service to our users. You will only receive a newsletter or promotional e-mail from DKC if you agree during your activities on or through the Properties, or using our newsletter sign up form, to receive these items. Unsubscribe instructions are included in each electronic newsletter and e-mail. You may opt-out of receiving such notices from us by following the instructions in the Right to Opt Out section above, or by submitting a request through the “Contact Us” feature on our website or Properties. We may analyze user behavior as a measure of interest in, and use of, the Properties and e-mails, both on an individual basis and in the aggregate. We may also use the Personal Information for fraud protection or credit risk reduction.

    Do we share Personal Information and Usage Information with others?

    THE LVMH FAMILY

    DKC is part of the LVMH Moët Hennessy Louis Vuitton (“LVMH”) corporate family. DKC, together with LVMH and LVMH's other affiliates, are collectively referred to in this Privacy Policy as the “LVMH Family." Unless you instruct us otherwise as described in the Right to Opt Out section above, we will share your Personal Information and Usage Information among the LVMH Family, both for business purposes and for advertising and promotional purposes. A list of the current members of the LVMH Family may be found at www.lvmh.com.

    CO-SPONSORED CONTESTS, SWEEPSTAKES AND OFFERINGS

    Some of our contests, sweepstakes and other offerings that we may make available on or through the Properties from time to time may be co-sponsored by another company. In those situations, unless you instruct us otherwise, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor and in accordance with any specific terms disclosed in such contest or sweepstakes. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies and in particular in accordance with any specific disclosures made to you at the time you participate in such contest or sweepstakes. We are not responsible for how our co-sponsors may use your information.

    SERVICE PROVIDERS

    Currently, we use third party partners to provide our e-commerce solution, and we may use other third party partners to help operate the Properties and deliver our products and services. We may share your information with third party e-commerce solution partners, third-party payment providers (e.g., Visa, Mastercard and American Express), our affiliates, service providers, and other third parties that provide products or services for or through the Properties or for our business (such as Properties hosting or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, wireless device applications, and other similar service providers that use such information on our behalf). We require our service providers to maintain the confidentiality of your Personal Information.

    AGGREGATE STATISTICS

    We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, the Properties and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. Aggregate information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently or search terms you enter. Aggregate information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who visit www.DONNAKARAN.com who are 25 years of age is aggregate information that does not personally identify a specific user.

    LEGALLY COMPELLED DISCLOSURES

    We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law in our good faith belief, including but not limited to in response to court orders and subpoenas and as otherwise required in connection with a judicial or government proceeding or legal process, including in relation to the enforcement of this Privacy Policy or our Terms of Use. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Properties, or anyone else that could be harmed by such activities. DKC cooperates with law enforcement inquiries and other third parties to enforce laws, intellectual property rights and other rights.

    BUSINESS TRANSFER

    In the event that DKC, any entity of the LVMH Family, or substantially all of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.

    THIRD PARTY AD SERVERS

    We may use third-party advertising companies to serve ads when you visit the Properties. If so, a list of these ad serving companies will be available here. These companies may use information (generally not including your name, address email address or telephone number) about your visits to the Properties and other websites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and clear gifs to measure advertising effectiveness. Any information that these third parties collect via cookies and clear gifs is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read these businesses' privacy policies if you should have any concerns about how they will care for your Personal Information. If you would like more information about this practice and to know your choices about not having this information used by these companies and to opt out, see the Network Advertising Initiative's consumer website at www.networkadvertising.org/consumer-education.

    WIRELESS ADDRESSES

    If the email address you provide to us is a wireless email address, you agree to receive messages at such address from DKC and the rest of the LVMH Family (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your wireless carrier's standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section above. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

    YOUR ACCESS RIGHTS

    You may review the Personal Information that is stored in your user account on www.DONNAKARAN.com by logging in at "My Account", or by calling our customer service department at +1-877-316-0975. We will send you a copy of the Personal Information we have on file in your user account (if any). You may provide us new or updated information at any time. We will endeavor to respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.

    SECURITY

    Protecting your information is a priority for DKC. DKC will take reasonable steps to protect the security and integrity of all Personal Information provided to the Properties. For example, we use industry standard Secure Socket Layer (SSL) technology to protect the security of your sensitive online transactions and we store and process your Personal Information on secured servers. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of DKC to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, DKC cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.
    If you contact us by e-mail, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
    You may be able to create an account on the Properties with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Properties by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify DKC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify DKC when you desire to cancel your account on the Properties. To the maximum extent permitted by applicable law, (x) we will not be responsible or liable for any loss or damage arising from your failure to comply with this provision and (y) you agree to indemnify and hold harmless DKC and other members of the LVMH Family for any improper, unauthorized or illegal use of your account.
    We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
    In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.

    PHISHING

    With identity theft a continuing problem, it has become increasingly common for unauthorized individuals purporting to represent a legitimate company such as a bank or on-line merchant, to send e-mail messages to consumers requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the website requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as "phishing."
    If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your Properties password or credit/debit card information) via e-mail or to a website that does not seem to be affiliated with the Properties, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us by calling 1-877-316-0975 or by submitting a report through the “Contact Us” feature on our website or Properties.

    CHILDREN AND PRIVACY

    DKC is concerned about the safety of children when they use the Internet. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. We will never knowingly request personally identifiable information from anyone under the age of 13 (or other age where parental consent may be required) without prior verifiable parental consent when legally required. If we become aware that a customer has registered without the legally required prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.
    Information posted to message boards, chat areas, club and home pages are available to the general public. Please use caution when posting any such information. Users under the age of 18 should be particularly careful not to provide any personally identifying information while using chat rooms, message boards, or any other public forums. Users of chat areas, message boards, or any other public forums must follow acceptable standards of behavior when posting messages online. DKC reserves the right to, but is not obligated to, refuse or delete any content that in our sole discretion is considered inappropriate.

    CONSENT TO PROCESSING

    This website is hosted and operated in the United States of America, pursuant to United States law and this Privacy Policy shall be interpreted under the laws of the United States of America. By providing Personal Information to this website, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States of America and other countries and territories.
    NOTE FOR INTERNATIONAL USERS: If you are a user located in a member state of the EEA, please be aware that the laws of the United States of America and other countries and territories may not provide legal protection of your Personal Information that is of the same level as that applicable under the laws of the EEA member state in which you are located.

    THIRD PARTY "LINKED-TO" WEBSITES

    When you are on the Properties you may have the opportunity to visit, or link to, other sites not operated by DKC, including other websites operated by other members of the LVMH Family or by unaffiliated third parties. These sites may collect Personal Information about you. DKC does not control sites that are operated by these entities and is not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other websites. The Privacy Policies of websites operated by other members of the LVMH Family are located on those sites.

    CHANGES TO THIS PRIVACY POLICY

    DKC reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of the Properties by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to www.DONNAKARAN.com. Your continued use of the Properties constitutes your agreement to abide by the Privacy Policy as changed. Under certain circumstances (for example, if we would like to use your Personal Information in a manner different from that stated in our Privacy Policy at the time of collection), we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as by sending you an e-mail.

    CONTACT US

    If you have any questions or comments regarding our privacy practices, you may contact us by calling +1-877-316-0975, sending an email to privacy@dkintl.com, or by submitting a request through the “Contact Us” feature on our website or Properties. This website is sponsored by The Donna Karan Company LLC, 550 Seventh Avenue, New York, New York 10018.

    Effective Date: December 19, 2013

  • Terms of Use

    THE DONNA KARAN NEW YORK TERMS OF USE

    These Terms of Use govern your use of the website located at www.donnakaran.com (the “Site”) and any other website, microsite, mobile device application, Internet property or related service owned, or operated by us. We refer to the Site and these other properties collectively as the "Properties.” The Properties are made available to you by The Donna Karan Company LLC and The Donna Karan Company Store LLC, 550 Seventh Avenue, New York, New York 10018, +1-877-316-0975 (collectively, "DKC" or "we" or "us").
    BY USING THE PROPERTIES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not access or otherwise use the Properties.

    Rights in Materials

    As between you and DKC, DKC owns the Properties, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Properties, and the look and feel, design and organization of the Properties. This includes all intellectual property and proprietary rights in these materials. When you use or download the Properties you do not acquire any ownership of any such content, code, data or materials.
    The Properties are only for your personal, non-commercial use. You may not make any commercial use of the Properties, or any content, code, data or materials on the Properties, unless you have received our prior written permission.
    Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Properties. Doing so may violate or infringe copyright and other laws of the United States of America and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use. We will enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.

    Trademarks

    The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Properties are registered and unregistered Trademarks of DKC (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits DKC or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Properties without our prior written permission.
    We will enforce our Trademark rights to the fullest extent of the law, including by seeking of criminal prosecution.

    User Information

    When you use the Properties, you may be asked to provide certain personal information to us ("User Information"). Our information collection and use policies with respect such User Information are set forth in the DONNA KARAN NEW YORK Privacy Policy]1, which is part of these Terms of Use.
    You are solely responsible for the accuracy and content of your User Information and you agree to keep it up to date.

    Use of the Properties

    You are responsible for your use of the Properties and for any use of Properties made using your account.
    Our goal is to create a positive and safe experience when you and others use the Properties. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Properties, you may not:
    o violate any law or regulation;
    o violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights;
    o transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or inappropriate;
    o make statements or post materials that are false or misleading;
    o send unsolicited or unauthorized advertising or commercial communications, such as spam;
    o transmit any malicious or unsolicited software;
    o stalk, harass, or harm another individual;
    o impersonate or misrepresent your affiliation with someone else;
    o use any means to "scrape," "crawl," or "spider" any web pages contained in Properties (although DKC may allow operators of public search engines to use spiders to index materials from Properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and DKC reserves the right to revoke these exceptions either generally or in specific cases);
    o use automated methods to send more requests to DKC servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or
    o interfere with or disrupt the Properties.
    We reserve the right to refuse service and/or terminate access to the Properties without prior notice for any user who violates these policies.

    User Generated Content

    As between you and DKC, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through any Properties (collectively, "User Content"). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content and the right not to have the User Content edited or changed in a way you are not happy with.

    Utilizing User Content

    You grant DKC and its affiliates, representatives and assigns the right to use any or all your User Content, anywhere in the world for an unlimited period of time, in connection with the Properties for any commercial or non-commercial purposes. We may exercise these rights without notice to you and without paying any compensation to you. We may modify your User Content in our discretion. DKC is not required to host, display, or distribute your User Content and we may remove or edit it at any time.

    User Promises

    You promise that: (a) you own or have acquired all of the rights in your User Content (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Content) necessary for you to grant to DKC the usage rights in your User Content as described in these Terms of Use; (b) you have paid and will pay in full any financial obligations, of any kind, arising from any use of your User Content; (c) you are the individual pictured or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age in their territory where they can legally grant such permission themselves) who appears or is heard in your User Content to enable you to grant the rights to DKC described in these Terms of Use; (d) you will make such permissions available to DKC upon request; (e) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (f) your User Content complies with these Terms of Use.
    You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing promises and to make such records available to DKC upon DKC's request.

    Feedback

    If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.

    Monitoring and Managing User Content

    We may, but are not required to, monitor and review your User Content.
    DKC does not endorse or control the User Content transmitted or posted on the Properties and therefore, we are not responsible for it. We do not guarantee the accuracy, integrity, or quality of User Content and User Content may not necessarily reflect the views of DKC.
    You understand that by using the Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. We will not be liable to you in any way for any User Content, including, for example, for any errors or omissions in any User Content, or for any loss or damage of any kind experienced by you if you use or rely on any User Content made available via the Properties.

    Digital Millennium Copyright Act

    DKC respects the intellectual property rights of others. Upon proper notice, DKC will remove User Content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, DKC has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send DKC’s copyright agent (listed below) a notification of claimed infringement with all of the following information:

    (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    (b) identification of the claimed infringing material and information reasonably sufficient to permit DKC to locate the material on the Properties;
    (c) information reasonably sufficient to permit DKC to contact you, such as an address, telephone number, and, if available, an e-mail address;
    (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
    (f) your physical or electronic signature.

    Please send all of the information listed above to the following DKC copyright agent:

    Antonio Borrelli
    Intellectual Property Counsel
    The Donna Karan Company LLC and The Donna Karan Company Store LLC
    240 West 40th Street
    New York, NY 10018
    Tel: 212-768-5957
    Fax: 212-768-5887
    E-mail: ipenforcement@dkintl.com

    Please do not send notices or inquiries unrelated to alleged copyright infringement to DKC’s designated agent.

    Indemnification

    You will fully compensate us and our directors, officers, members, managers, employees and agents (that is, you will indemnify and defend us and them, and hold us and them harmless) for any and all claims, liabilities, costs and expenses, including reasonable legal fees costs, arising from your use of the Properties or your breach or violation of law or these Terms of Use.
    We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.

    Orders for Products and Services

    We may make certain products available for sale to visitors and registrants of the Properties. If you are a visitor based outside the United States of America, the products are made available to you from our third-party fulfillment partner, Borderfree, Inc., 292 Madison Avenue, Fifth Floor, New York, New York 10017, +1-212-299-3500 (“Borderfree”). If you purchase any products from Borderfree, the contract for their purchase will be between you and Borderfree and not between you and DKC.
    You may only order products if you are 18 years old or older. If you place an order, you promise that you are 18 years old or older.
    You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to DKC or Borderfree, as applicable. You agree to pay all applicable taxes. If payment is not received by us or Borderfree from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or Borderfree.
    You agree that you are not permitted to resell any products purchased through or via any of the Properties for commercial purposes.

    Product Information

    We have made every effort to display our products and their colors as accurately as possible. However, the displayed colors of the products will depend upon the technical specifications and settings of the computer and monitor of the user, and we do not guarantee that the actual colors of the products will be accurately displayed on the user’s monitor. Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.

    Returns of Products

    You may cancel your order and/or return the products you purchased from the Site in accordance with our Returns/Exchanges policy, which is incorporated herein by reference for all purposes. A copy of our Returns/Exchanges policy is available on the Site.

    Linking; Third Party Websites

    If you include a link from any other website to the Site or to any of the Properties, such link shall open in a new browser window. You agree not to link from any other website to www.donnakaran.com or to any of the Properties in any way that "frames" any of our content or that surrounds or obscures any portion of the Properties with any other content, materials or branding. We may revoke your right to link to the Properties from your website at any time upon written notice to you.
    You may be able to access or use the Properties from a third-party website, Internet resource, or software application ("Linked Sites"). You may also be able access and use a Linked Site from a link available on the Properties. We have no responsibility for Linked Sites. The inclusion of any link to such Linked Sites on any of the Properties does not imply our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. We do not promise that the contents of any Linked Site are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

    DISCLAIMER

    THE PROPERTIES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AND ALL SUCH WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

    WE MAKE NO WARRANTIES OR CONDITIONS WHATSOEVER REGARDING THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING: INFORMATION AND CONTENT AVAILABLE ON THE PROPERTIES; UPTIME OR UNINTERRUPTED ACCESS TO THE PROPERTIES; TITLE; NON-INFRINGEMENT; MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
    WE DO NOT WARRANT THAT THE PROPERTIES OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
    USING THE INTERNET MAY EXPOSE YOU TO CERTAIN RISKS. WE ARE NOT RESPONSIBLE FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE PROPERTIES OR FROM DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PROPERTIES.
    WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE PROPERTIES IS CORRECT AND UP-TO-DATE, BUT IT MAY NOT BE. WE MAY CHANGE ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES.
    THE FOREGOING EXCLUSIONS OF EXPRESS AND IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAWS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, NEITHER DKC NOR OUR AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE PROPERTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE PROPERTIES EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO DKC FOR YOUR USE OF THE PROPERTIES OR PURCHASE OF PRODUCTS VIA THE PROPERTIES.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

    Applicable Laws

    We and our service providers control and operate the Properties from the United States of America. We do not represent that materials on the Properties are appropriate or available for use in locations outside of the United States of America. Persons who choose to access the Properties from locations outside of the United States of America do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury. If you are purchasing products from outside of the United States of America, please refer to Borderfree’s terms of service.

    Termination

    DKC may change, suspend or discontinue any aspect of the Properties or the Properties’ services at any time. If you violate any of these Terms of Use, your permission to use the Properties automatically terminates.

    Changes to Terms of Use

    DKC may, at its sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Properties. Your continued use of the Properties and/or the services offered on or through the Properties after any changes to these Terms of Use are posted will be considered acceptance of those changes.

    Miscellaneous

    The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions.
    You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. No disputes may be brought against us on a class or representative basis. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE SERVICE PROVIDER TERMS MUST BE ASSERTED INDIVIDUALLY.
    Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.
    Certain functionalities available on the Site may be covered by U.S. Patent No. 5,930,474.

    Effective Date: December 19, 2013

  • California SB 657

    California Transparency in Supply Chains Act of 2010 (SB 657)

    The Donna Karan Company LLC is committed to conducting business in a lawful, ethical, and responsible manner. We expect our vendors to respect and adhere to the same business philosophy in the operation of their businesses.

    California law requires certain companies doing business in California to disclose their efforts to address the concerns regarding slavery and human trafficking raised by the California Transparency in Supply Chain Act of 2010.

    Consistent with our commitment, the Company conducts an ongoing internal assessment of its direct supply chain aimed, among other things, at understanding the potential challenges in a global supply chain of the risks of human trafficking and slavery. In that regard, we review government reports and updates from expert organizations and companies dedicated to social compliance issues.

    We also have a Vendor Code of Conduct which is based upon principles of ethical business practice and recognition of the dignity of others. The Vendor Code of Conduct specifically prohibits the use of involuntary or forced labor, human trafficking, child labor, and harassment and abuse and requires compliance with applicable laws and regulations. We require our direct product vendors and manufacturing facilities to agree and abide by our Vendor Code of Conduct and supplemental vendor requirements and to certify that they obtained from their suppliers and subcontractors written assurances to also commit to these principles.

    We engage third-party auditing firms to perform announced, semi-announced, and unannounced audits to evaluate compliance with our Vendor Code of Conduct and supplemental vendor requirements. Vendors are required to address any compliance issues identified during an audit or reaudit. Failure to address and correct violations of our Vendor Code of Conduct can result in a reevaluation of our business relationship with such vendor up to and including the termination of such business relationship. However, continuous improvement is a tenet of our compliance program.

    We maintain internal accountability standards and procedures for employees regarding our commitment to the principles set forth in the Vendor Code of Conduct. In addition, the Company maintains confidential channels for employees and vendors to anonymously report related concerns.

    We provide training to employees and management who have direct responsibility for supply chain management of direct finished goods geared toward raising awareness of the risks associated with human trafficking and slavery in supply chains, identifying potential risks, and addressing those risks if human trafficking and slavery are suspected.

  • About Ads

    About Tracking & Ads

    We Use Various Tracking Technologies.
    We–or third parties we work with–use several common passive data collection technologies. These may include cookies, pixel tags, or similar technologies.

    We Use Tracking Technologies for Many Reasons.
    We –or third parties acting on our behalf or on our website- use tracking technologies for many reasons. These include the following:

    • To understand the activities and behaviors of our consumers and website visitors.

    • To recognize new visitors to our websites.

    • To recognize past customers.

    • To present more personalized content and offers, to improve your website experience, optimize your shopping experience, and provide site and service enhancements.

    • To serve you with customized or interest-based advertising. These ads may appear on our website or others you visit (see below for more on interest-based advertising).

    • So we can better understand our audience, our customers, our website visitors, and their respective interests.

    We Engage in Interest-Based Advertising.
    We serve interest-based advertising using personal information gathered about you over time across multiple websites or other platforms. This might include apps. These ads are served on websites or apps. They might also be served in emails.

    Interest-based or “online behavioral advertising” includes ads that are served to you after you leave our website, encouraging you to return. They also include ads we think are relevant to you based on your shopping habits or online activities.

    How Do We Gather Relevant Information For Interest-Based Advertising?
    To decide what is relevant to you, we might look at your purchases or browsing behaviors. We might look at these activities on our platforms or the platforms of others. We work with third parties who help gather this information. This information is gathered using the tracking tools described above.

    How to Control Tracking Technologies.
    You can control certain tracking tools. Many browsers give you the ability to delete or reject cookies. How you do so depends on the type of cookie. You can configure your browser to reject browser cookies. To control flash cookies go to http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html. Why? Because flash cookies do not reside in your browser, and thus your browser settings will not affect them. Not all of the tracking described here will stop if cookies are deleted or blocked.

    NOTE: If you configure your computer to block cookies, you may not be able to access certain functionality on our site or the toolbar. If you block or delete cookies, not all of the tracking activities we have described here will stop. Choices you make are both browser and device-specific.

    You Have Options Over the Interest-Based Ads You See.
    The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. If you want to opt out, visit http://www.aboutads.info/choices/. Choices you make are both browser and device-specific.

    Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our sites are not currently set up to respond to those signals.