This Privacy & Cookies Policy (“Policy” or “Notice”) describes the ways that The Trunk Production Inc, our licensees and assignees (referred to in this Policy as “THETRUNK”, “us”, “we” or “our”) collect, store, use, and manage the information, including personal information, that you (“you”, “your” or “user”) provide or we collect in connection with the website www.thewelltraveledtrunk.com (the “Site”) and other services provided to you by THETRUNK (collectively, the “Services”).
Any personal data that provided to or gathered by the Services is controlled by The Trunk Production Inc, a company incorporated in New York, NY 10030-2301. If you have any questions about how we use and store your personal data or any requests regarding modifying or deleting your personal data from THETRUNK, please contact us at alexandre@thetrunk.us.
You will be prompted to accept this Policy prior to being able to use the Services. By clicking “accept” you agree that you have read through this Policy and accept the terms and conditions set throughout.
THETRUNK reserves the right to revise this Policy in its sole discretion by posting an announcement on our Services or sending notice to your email regarding any substantial changes of the Policy, and you will be provided with options to delete your information from THETRUNK.
Your continued use of the Site or Services after a revised version of this Policy has been posted to the Site constitutes your binding acceptance of such revision and the revised Policy.
Notwithstanding the preceding sentences of this paragraph, no revisions to this Policy will apply to any dispute between you and THETRUNK that arose prior to the date of such revision.
When you visit the Site or using any Services, you access linked pages, social media accounts, features, and content that owned by THETRUNK, including any information, text, graphics, photos, lists of items compiled by THETRUNK, links, or other materials uploaded by THETRUNK and made downloadable to you, any materials appearing on, or linked to the Services (collectively, the “Content”).
I. THE COLLECTION, STORAGE AND SHARING OF YOUR PERSONAL DATA.
This Policy provides notice to you regarding THETRUNK’s treatment of personal information that THETRUNK gathers when you access the Services and/or use the Site. We explain what data we collect, why we collect such data, how we store the collected data and what options you have regarding your personal information.
While you are using our Services, your computer’s operating system, the mobile device you use, your Internet Protocol (IP) address, access times, browser type and your language preferences may be recorded automatically. We may use this information to monitor, develop and analyze your use of the Service.
A. Types of Data We Collect
We may collect two types of data and information from you:
The first type of information is non-identifiable and anonymous information (“Non-Personal Information”). We are not aware of the identity of the user from which we have collected Non-Personal Information. Non-Personal Information is any unconcealed information which is available to us while users are using the Site. Non-Personal Information that being gathered from your web browser when you interact with the Services consists of technical information and behavioral information, such as, the operating system, type of browser, screen resolution, the period of time the User visited the Site.
The second type of information is individually identifiable information (“Personal Information”).
This information may identify an individual or may be of a private and/or sensitive nature. Personal Information which is being gathered consists of any personal details provided consciously and voluntarily by you including your full name, email address, IP address, gender, age or birthday, billing address and shipping address, credit card information, and any other information you choose to provide to THETRUNK.
As customers, you do not have any legal obligation to provide any information to THETRUNK. However, we require certain information from you to operate properly, including your payment information for completing a transaction for your purchase and your name and email address for us to respond to your price quote inquiry and questions.
You hereby agree and acknowledge that any Personal Information you do provide to us is provided at your own free will, for the purposes mentioned in this Policy and that we may keep such Personal Information in a database(s) which will be registered and kept in accordance with applicable laws and regulations.
We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes set out in this Policy.
B. Methods We Use to Collect Data
We collect Personal Information when you provide your payment information or your shipment information to us. We receive and store any information you enter on the Services or in any way provide to us including by sending us emails.
If you contact us, we may keep a record of that correspondence.
We receive and store certain types of information whenever you interact with our Site or use our Services. In other words, when you are using the Site, we may gather, collect and store the information relating to such usage, either independently or through the help of third-party services as detailed below.
Our Services automatically collect usage information, such as the numbers and frequency of visits to our Services and its components. THETRUNK only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Services or another feature of the Content so that we can make the Services appealing to as many customers as possible.
As part of this use of information, we do not share aggregate information with any third parties.
C. Why We Collect Your Data
THETRUNK’s primary goals in collecting and using information are to provide Services to you, improve our Service, contact you, conduct research and create reports for internal use.
Non-Personal Information is collected to create aggregated statistical data for research purposes and customization and improvement of the Sites.
Personal Information is collected to:
- Operate the Services;
- Process payments (via third parties PayPal, credit card processor ______ and banks);
- Communicate with you about our products, prices, services, promotional offers and your orders;
- update our records;
- Improve our Services including to prevent or detect abuses of our Services and enable third parties to carry out technical, logistical or other functions on our behalf;
- Contact you for providing technical assistance and other related information to the Services and collect feedback;
- Use for market research, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity;
- Use for risk control, for fraud detection and prevention, to comply with laws and regulations, and to comply with other legal process and law enforcement requirements;
- Share with third-party contractors;
- Enforce THETRUNK’s Terms & Conditions, and Privacy & Cookies Policy.
D. Where We Store Your Data
We may transfer and/or store your Personal Information on servers and equipment in the United States.
Your Personal Information and data may also be processed and used by staff operating outside the United States who work for us or for our contractors.
Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment information, the communication with you and other support services.
By using the Services and providing your Personal Information to us either via emails or other means, you agree to the transfer, storing and processing of your Personal Information by THETRUNK and its partners. We take all reasonably necessary steps to ensure that your data is treated securely and in accordance with this Policy.
All information you provide to us is hosted and stored on OVH in CANADA, which is also in compliant with the European Union General Data Protection Regulation (GDPR) standard.
For further information on the measures taken by OVH to protect the security of their servers and your personal data, please see: https://www.ovh.com/ca/en/support/privacy-policy.xml
If you are not satisfied with the levels of security offered by our server provider, you should restrict the nature and amount of Personal Information or confidential information which you include in your inquiry emails or not use the Services.
Any payment transactions shall occur through the third parties PayPal, credit card processor and banks, and may be encrypted using their technologies.
E. How We Secure Your Data
THETRUNK takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties.
Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems.
Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to this information.
We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
F. We Share Data with Third Parties
We share your Personal Information only as described in this Policy and require third parties with which we share your Personal Information to agree to keep your information confidential.
We do not control other websites. The Services may contain links to other websites or social media platforms. THETRUNK is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Policy only governs information collected on the Services. We maintain appropriate safeguards to ensure the security, integrity and privacy of your information and we store your information with necessary security measures to protect it from unauthorized use.
We share your data with third parties. We may share your Personal Information, such as your credit card information, name, address, zip code and phone number with selected third parties including PayPal, credit card processor and banks that require the data to process your purchase order to you and others. We also share the necessary shipment information with common carriers FedEx and UPS for shipping your order to you. You may opt-out on sharing such data with any third parties by emailing alexandre@thetrunk.us.
We may share your Personal Information to analytics and search engine providers that assist us in the improvement and optimization of our Site. You can opt out of this feature by emailing alexandre@thetrunk.us.
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and Services to you. Unless we tell you differently, THETRUNK’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us.
When you email us either via our web form on the Site or ordinary emailing, you consent to receive certain necessary emails or other communications from us, including, but not limited to communication regarding your questions and requests. If you do not wish to receive any communications, you should not contact us.
From time to time, THETRUNK might need to send you important announcements and administrative messages relating to your orders. These communications are necessary for the operation of Services, which you may not be able to opt-out from receiving.
In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if THETRUNK, or substantially of its assets were acquired, or in the unlikely event that THETRUNK goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred to or acquired by a third party.
You acknowledge that such transfers may occur, and that any successor of THETRUNK may continue to use your Personal Information as set forth in this Policy. However, you can always make a request to delete all your information with THRTRUNK (or its successor) by emailing us at alexandre@thetrunk.us.
II. LEGAL COMPLIANCE.
We may release Personal Information when we believe in good faith that release is necessary to comply with the law, regulation or legal request; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of THETRUNK, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
You agree that we may also share your data with entities where THETRUNK is engaged in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.
THETRUNK allows you to access, modify and delete the following information by emailing alexandre@thetrunk.us:
your name;
your email address;
your shipping address;
Your credit card information;
If you are using the Services from European Union countries, the General Data Protection Regulation (GDPR) gives you the right to access information about you.
For any request or question regarding obtaining a copy of personal data we hold relating to you, and/or correction or deletion of your personal data, and/or object to any processing of your personal data, you can make such requests by emailing us at alexandre@thetrunk.us. We will respond to your access and/or correction request within 30 days.
However, please note that although your Personal Information may be removed from our databases, THETRUNK will retain the anonymous information contained in the data you provided, and such information will continue to be used by us for statistical purpose.
After a user requests to delete any data, an manual process will begin to permanently delete the requested data. Once the process begins, it cannot be reversed and the data will be permanently deleted. Any kept data shall be retained in an anonymized manner.
Similarly, THETRUNK collects and retains usage data, other metadata and statistical information concerning the use of the Service, which is not subject to the deletion procedures in this Policy and may be retained by THETRUNK. We may store unrevised information in our records.
Some data may also be retained on our third-party service providers’ servers.
You can always opt not to disclose certain personal information to THETRUNK.
However, if you opt not to disclose certain personal information, your access to certain Services may be restricted including your ability to purchase an order.
III. LEGAL NOTICES.
We do not knowingly market or sell products for purchase by children. The Services are not designed for use by children under 13 years old. Children under 13 are not allowed to register with or use the Services, or submit personal data through the Services. We do not knowingly collect personal data from anyone under the age of 13. If we discover that we have collected Personal Information from a child under 13, we will delete that information immediately and completely.
We may send legal notices, such as an update of this Policy, to the email address you provided with us. If you choose not to receive legal notices from us, those legal notices will still govern your use of the Services, and you are responsible for reviewing such legal notices for changes.
THETRUNK reserves the right to change this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used.
If we make substantial changes in the way we use personal data, we will notify you by posting an announcement on our Services or sending you an email.
Otherwise, all other changes to this Policy are effective as of the stated “Last Revised” date, and your continued use of THETRUNK Services after the Last Revisited date will constitute your acknowledgement to those changes.
IV. COOKIES POLICY.
A cookie is a small text file that is stored on a user’s computer for tracking and record-keeping purposes. Cookies alone cannot be used to identify you as they never contain personal information such as name and email address.
Unless you have adjusted your browser setting so that it will refuse cookies, we will drop cookies as soon as you visit the Services. Persistent cookies enable us to track and target your interests to enhance your experience on our Sites. For example, we use this data to understand how you interact with the Services so we can make improvements to the design of the Services.
By using the Services, you consent to the cookies referenced above being dropped onto your computers and devices.
When you access the Site, we may use cookies or other similar industry-wide technologies to collect and store certain information on your computer or device. By doing so, we can distinguish you from other THETRUNK users and enable certain features to provide a better customer service to you.
It is easy to change your cookie settings. Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, your online experience with the Services may be affected.
You can block any cookies by changing the settings on your browser or the settings on your mobile device. The “Help” feature on most browsers and the “Privacy” feature on most mobile devices will tell you how to disable cookies entirely, how to stop accepting new cookies and how to set up notifications when you receive new cookie.
Additionally, you can disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. However, if you use your browser settings to block all cookies (including necessary cookies) you may not be able to access all or parts of our Services.
Please see www.allaboutcookies.org for more information about blocking cookies on your particular browser.
A. Cookies We Use
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our Services. They include, for example, cookies that enable you to access certain areas of our Services. Without these cookies, we may not be able to provide certain services.
- Analytical/performance cookies. They allow us to track users’ activities on the Services which helps us to improve the features on the Services such as making popular product pages easier to access. These cookies collect anonymous information only and do not show identifiable personal information.
- Functionality cookies. These cookies are used to recognize you and remember your settings and preferences.
- Targeting cookies. These cookies record your activities on the Services including the pages you have visited. We use these cookies to make our Services display more relevant content to your interests. We may also share this information with third parties for the same purpose.
- We also use the above cookies for conducting diagnostics to improve THETRUNK’s Content, products and Services, fraud prevention and security.
We use both session ID cookies and persistent cookies, as well as browser’s local storage for saving session, to make it easier for you to navigate our Site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies via your browser’s “clear cookie” function.
Please note that third parties such as web traffic analysis providers may also use the above cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
You can opt out of data collection or use by any analytics providers by emailing alexandre@thetrunk.us.
By using the Services, you consent to our sharing of personal data for the above purposes. We may share any of your personal data with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
For the avoidance of doubt, THETRUNK may transfer and disclose Non-Personal information to third parties at its own discretion.
V. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THETRUNK AND ITS EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES RESPONSIBLE FOR THE CREATION, MAINTENANCE AND UPKEEP OF THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THETRUNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF THIS SITE OR ANY COMPUTER VIRUSES ON YOUR COMPUTER OR ELECTRONIC DEVICES. IN NO EVENT SHALL THETRUNK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
VI. REPRESENTATIONS & WARRANTIES.
You represent and warrant that you:
have the full power and authority to enter into and perform under this Agreement;
will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; and
will comply with all applicable laws, rules, and regulations.
VII. INDEMNIFICATION.
You will indemnify and hold THETRUNK and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any portion of these Terms.
If you have to indemnify THETRUNK under this Section, THETRUNK will have the right to control the defense, settlement, and resolution of any Claim, as long as they are reasonable, at your sole expense. You may not settle or otherwise resolve any Claim without THETRUNK’ express written permission.
VIII. ASSIGNMENT.
THETRUNK has the right, at its election, to assign these Terms or any of its rights hereunder, or delegate any of its obligations hereunder in whole or in part, to any person, firm, or corporation. You will not have the right to assign or transfer any rights hereunder.
IX. ARBITRATION.
If a dispute arises from or relates to these Terms, your use of the Site or Services, or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree that any such unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds one hundred thousand dollars ($100,000), in which case the dispute shall be heard by a panel of three (3) arbitrators. The place of arbitration shall be in the city, county and state of New York. The arbitration shall be governed by the laws of the State of New York. The prevailing party shall be entitled to an award of reasonable attorney fees, if awarded by the arbitrator(s).
Notwithstanding the foregoing, if a third party claim is brought against either party for copyright infringement, violation of rights of publicity, rights of privacy, or other unauthorized use of content which is contrary to the rights granted in these Terms, the parties shall not be bound by this arbitration provision and may defend themselves and make a claim against the other party in the appropriate court of law and/or equity.
In the event of a dispute arising out of these Terms and not subject to the arbitration provision above, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees.
X. GOVERNING LAW.
These Terms shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York state between New York residents, without regard to conflict of law provisions.
The parties to these Terms agree that any claim or dispute arising under these Terms must be resolved by a court located in city, county and state of New York, except as otherwise agreed by the parties or as described in the Arbitration provision above. The parties agree to submit to the personal jurisdiction of the courts located within the city, county and state of New York for the purpose of litigating all such claims or disputes.
Where permitted under applicable law, you and THETRUNK agree that each may bring claims only against the other in your or its individual capacity, and not as a class member in any purported class or representative action. Unless both you and THETRUNK agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
XI. MISCELLANEOUS.
These Terms together with the Privacy & Cookies Policy [INSERT LINK] contain the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes and replaces all prior negotiations or proposed agreements, written or oral. The parties acknowledge that no other party, nor agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the undersigned to execute this Agreement, and acknowledge that the undersigned have not executed these Terms in reliance upon such promise, representation or warranty not contained herein.
You may be subject to additional agreement that may apply when you use affiliate services, third-party content or third-party software.
Every provision herein is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.
XII. CONTACT.
If you have any questions about these Terms, the practices of THETRUNK, or your dealings with this Site, please contact us at alexandre@thetrunk.us.
These Terms has been drawn up in the English language. In case of discrepancies between the English text version of these Terms and any translation, the English version shall prevail.
Last Revised: April 17, 2019