- INTRODUCTION
Thank you for visiting our Privacy Policy, this Policy applies to information collected on bananajoetropicalwear.com and all affiliated domains that link to this Policy, through any mobile application, through computerized devices in stores and in-store data collection forms, and through any location where this Policy is posted (collectively referred to herein as the “Sites,” “we” or “us”).
In order to ensure that your experience on the Sites is as enjoyable as possible and so that we can focus on doing what we do best, we may partner with trusted service providers who specialize in technical things like order fulfillment and web development.
We want you to know that we take the privacy, security and confidentiality of your information, including any information that identifies or can be reasonably used to identify you (“Personal Information” or “PI”) seriously. We also want you to know what information we collect, why and how we will treat it once collected. Finally, we want you to be able to have control over your Personal Information so that if you need to update or to correct your information or want to opt-out of receiving certain communications, you can do that easily. In short, this Policy is for you. Please read it carefully.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Banana Joe Tropical Wear on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
CONSENT:
BY ACESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US OR ALLOWING SOMEONE TO USE THE SITES ON YOUR BEHALF, YOU ARE CONSENTING TO THE COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS POLICY.
CALIFORNIA RESIDENTS
For residents of California, effective January 1, 2020, please refer to our California Privacy Policy for additional information concerning your rights about the personal information we collect, use, and disclose. To the extent this Notice in any way conflicts with the California Privacy Policy, the California Privacy Policy controls.
WHAT INFORMATION IS COLLECTED?
While not necessarily personally identifiable, we may collect and store information that you provide to us via the Sites or that you provide to our Customer Service Department, as further described below.
1. Personal Information
We may collect Personal Information from users of the Sites in several instances. Some examples are as follows: We may collect your name, billing address, shipping address, email address, telephone number, credit card number and expiration date when you make a purchase. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service.- We may collect your name, email address, mailing address, zip code, and preferences if you complete a form within our stores. This information will be used to provide you with products that may be of interest to you and to provide you with information that you request.
- We may collect your name, email address, mailing address, zip code, date of birth, and gender if you create an account with us. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Sites, and to facilitate checkout during purchases.
- We may collect your name, email address, gender, and postal code if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers and new features available through the Sites.
- We may collect your name and email address if you contact us with a question or request a Live Chat with us. This information may be used so that we can respond to your question or contact you should we disconnect from our Live Chat.
- We may collect your name, email address, and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.
- We may collect your name, age, zip code, shopping habits, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our consumers.
- We also may obtain, collect and aggregate information (including Personal Information) provided to us by our marketing service providers and other vendors. That information may include information on current subscribers or customers, and is used for a number of things including enabling us to send you the most relevant, timely and exciting offers and announcements specifically tailored for you and your interests. Of course, you can update your information or change your preferences regarding receiving announcements and other information from us at any time by accessing your account via the Sites. (For more information, see below section entitled How Can I Access, Correct and Update My Personal Information?)
The above section provides examples of the Personal Information that we may collect through the Sites and the manners in which we may use such Personal Information. If you do not want us to collect your Personal Information, please do not provide it to us.
ELECTRONIC INFORMATION:
You do not need to create an account with us to use the Sites. When you use the Sites, including by browsing our merchandise and/or contacting us with inquiries, we collect certain electronic information, some or all of which may not identify you (“Electronic Information”). The Electronic Information we collect includes, without limitation, Internet Protocol (IP) addresses, Internet browser information, other characteristics of your device and software, domain names of your Internet Service Provider (ISP), your approximate geographic location, a record of your usage of our Sites, the time of your usage and aggregated Personal Information that cannot be used to specifically identify you. Such information, which is collected passively using various technologies, generally cannot, in and of itself, be used to specifically identify you. This information is used to analyze and to improve the Sites and to provide our customers with a fulfilling shopping experience. We also may receive certain Electronic Information (including, without limitation, of the types set forth above) from various third parties. The Electronic Information we receive from third parties may be combined with the information we collect as specified herein, including Personal Information. If non-personal Electronic Information is combined with Personal Information, it may be viewed as Personal Information. However, where the data remains non-personally identifiable, it will not be viewed as Personal Information. We provide additional information on our Non-Personal Information collection below:
COOKIES AND OTHER SESSION IDENTIFIERS:
Like many sites, we utilize a technology called “cookies”. A cookie is a piece of information that is placed on your browser when you access the Sites. In many cases, the information collected using cookies (and related technologies) are used in non-identifiable ways, without any reference to Personal Information. For example, we use information we collect about users of the Sites to optimize our Sites and to understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with Personal Information. In that case, this Privacy Policy governs how we use that information. Additionally, if the settings on your location-aware device allow us to receive geo-location data or information, we may collect that information automatically.
Cookies help provide additional functionality to the Sites and help us to more accurately analyze usage of the Sites. For instance, the Sites may set a cookie on your browser that allows you to access the Sites during future visits. We use cookies to monitor and to maintain information about your use of the Sites. Cookies are also used to track the identity of the website you visited immediately prior to visiting the Sites; other than that, we do not track information about your use of other websites. Cookies also allow us to hold selections in a shopping cart when a user leaves the Sites without checking out. Cookies are not used on the Sites to store your account information as this information is stored securely on a server. When you log in at the Sites with your username and password, we will assign you a secure session id. The server then passes your information to you through this secure session ID. Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain demographic information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.
While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as provided herein, you may not be able to use or to enjoy all of the services and features of the Sites. Specifically, you can configure the settings (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser’s help section for information on how to do this.
If you sign up for our text messaging programs (marketing, etc.), cookies may be used to personalize your experience (e.g., send you personalized text messages such as shopping cart reminders).
OTHER WEBSITES, INCLUDING MOBILE APPLICATIONS AND SOCIAL MEDIA PLATFORMS:
If you use a social media platform or your mobile device (or other method of communication) to interact with the Sites, that platform or application may have a specific privacy statement that governs the use of Personal Information related to it. For example, if you use a mobile application and your mobile device’s settings allow it, we may collect mobile location information from your device. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings. We do not control the data collection or privacy practices any third-party platform through which you access our Sites or contact us. You should review the privacy policy and terms of use of any third-party site before using or downloading any app and review and use available controls and settings on your device to reflect your preferences.
HOW CAN I ACCESS, CORRECT AND UPDATE MY PERSONAL INFORMATION?
You can access, correct and/or update certain personal information that you have provided to us by clicking on “Update Account” within the “My Account” area of the Sites.
HOW DO WE USE THE INFORMATION COLLECTED?
We may use Personal Information as necessary and to fulfill your requests, including in the following ways:
Access and Use: If you provide Personal Information in order to obtain access to or use of the Sites or any functionality thereof, we will use your Personal Information to provide you with access to or use of the Sites or functionality and to monitor your use of the Sites or specific functionalities.
Internal Business Purposes: We may use your Personal Information for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Sites and our business.
Marketing: We may use your Personal Information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you. If you wish to change or update your Personal Information or to change your subscription preferences, you may do so as provided herein.
Specific Reason: If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.
Aggregated Data: In an ongoing effort to better understand and to serve the users of the Sites, we (either directly or working in concert with our marketing services providers) may on an aggregate basis conduct research on our customer demographics, interests and behavior based on Personal Information and other information that has been provided or received by us. For example, we may combine information about visitors to the Sites in a way that does not identify them to determine how best to target our marketing and the products that we offer in certain areas of the country. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and is classified and not treated as Personal Information under this Policy.
WITH WHOM DO WE SHARE YOUR INFORMATION?
We only share Personal Information provided to us through the Sites or through our Customer Service Department with your consent or as described in this Policy. Examples of instances in which we share your Personal Information are provided below:
Service Providers: If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase and provide such information, or other Personal Information provided by you, to our service providers and vendors as necessary to complete your purchase (for example, to process your credit card) and provide our services to you.
Third Parties related to Business Transfers: As with any business, it is possible that as our business develops, we might sell, assign, buy, transfer, merge or otherwise acquire or dispose of certain businesses or corporate assets. In the event of such or similar event, Personal Information may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of us and/or our service provider will continue to have the right to use your Personal Information and other information in accordance with the terms of this Privacy Policy.
Subsidiaries and Affiliates: We may also share your Personal Information with our subsidiaries and/or affiliates consistent with this Privacy Policy. Our subsidiaries and affiliates will be bound to treat and to maintain any Personal Information in accordance with this Privacy Policy.
Agents, Consultants and Related Third Parties: We, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Information, but we authorize them to use this information only in connection with the services they are retained to perform.
Marketing: The Personal Information that you provide to us, and information about your order, may be combined with other personally identifiable information from our records and from third party sources. This information will be used to enhance our future marketing efforts. This information may also be shared with our third party service providers and other marketers whose products or services may be of interest to you. If you prefer we do not share your Personal Information with these types of parties, please email us at info@bananajoetroipcalwear.com.com. This right to opt out does not extend to aggregate information that we share with our marketing partners, advertisers and others from time to time that does not constitute Personal Information.
Legal Requirements: We may disclose your Personal Information if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, in each case as determined in our sole discretion.
Other uses: If we intend to use any Personal Information in any manner that is not specified herein, we will inform you of such anticipated use prior to or at the time at which the Personal Information is collected or we will obtain your consent subsequent to such collection but prior to such use. We will honor the choices you make regarding your Personal Information and will inform you about any other intended uses of such information.
WHAT STEPS ARE TAKEN TO KEEP MY INFORMATION SECURE?
We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard Personal Information. Even though we have taken and will continue to take significant steps to protect this information, please understand that no company, including us, can fully eliminate all security risks associated with Personal Information.
We use various security measures, including Secure Socket Layer (SSL) encryption technology, to protect information collected, transferred and retained. If you elect to set up an account on the Sites, you will be asked to provide an email address and password. You must provide a valid email address and password in order to create and maintain an account, as well as to access account information. We recommend you select a password with at least 8 characters and consider adding numbers or special characters to further strengthen your password. In order to help protect your personal information, you should be careful about providing your password to others and change it periodically. If you wish to update a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact us at info@bananajoetroipcalwear.com.com.
Please be aware that we may store Personal Information or such information may be included in databases owned and maintained by our affiliates, agents or third party service providers. We take commercially reasonable steps to protect the security and confidentiality of all Personal Information provided via the Sites from loss, misuse, unauthorized access, inadvertent disclosure, alteration and/or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Sites may not always be secure. Please keep this in mind when disclosing any Personal Information via the Internet or by email.
We do not and will not, at any time, ask you to provide your Personal Information or other personal information in a non-secure or unsolicited email or telephone communication. Identity theft and the practice currently known as “phishing” are of great concern to us. Safeguarding information to help protect you from identity theft is one of our priorities. If you receive such an email, please contact us to bring it to our attention. For more information about phishing, visit the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing.
WHAT CHOICES DO I HAVE REGARDING MY PERSONAL INFORMATION?
You have several choices available when it comes to your Personal Information. We will honor the choices you make regarding your Personal Information. If you have created and maintained a User Account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided herein and update your contact information or to change your subscription preferences. In addition, you may:
Limit the Personal Data You Provide: You can use the Sites and limit the Personal Information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the Personal Information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.
Manage your Subscription Preferences: We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Additionally, we may send automated text messages (if you provide consent). Where you consent to receive automated text messages from us, please note that your consent includes consent to receive both autodialed and/or pre-recorded telemarketing text messages or non-automated messages from or on behalf of Banana Joe LLC. and its affiliated companies at the telephone number you provided. You further understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms and conditions, including message frequency, are provided at sign-up for any automated messages.
For email marketing, you will have an opportunity to change your subscription preferences by clicking on an “unsubscribe” hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to ten business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, still be sent certain transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations. You may ask us not to contact you by text message at any time by responding to a text message after it is received. For automated text messages, you will have the opportunity to opt-out by replying “STOP” to any message received. Please note that you hereby consent to receiving a confirmatory message in response to any opt-out request.
Social Media & Other Public Platforms: You may also manage the sharing of certain Personal Information with us when you connect with us through a social media platform or application. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
Third Party Advertisers: We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on our Sites and on third-party websites. Please be advised that such advertising companies may gather information about your visit to our Sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp or http://preferences.truste.com/truste/.
WHAT HAPPENS WHEN I LINK TO OR FROM ANOTHER WEB SITE?
The Sites may contain links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures set forth herein do not apply to any Third Party Sites. The owners and operators of all Third Party Sites are responsible for all Personal Information provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third Party Sites, including their privacy policies, if any. We strongly encourage contacting those sites directly for information on their privacy policies.
If you have accessed the Sites through a link from certain of our advertising or marketing partners, the Sites may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of such information is governed by this Policy.
HOW DO WE RESPOND TO DO NOT TRACK SIGNALS?
Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal or non-personally identifiable information.
IS INFORMATION COLLECTED FROM CHILDREN?
The Sites are not directed at nor intended for use by children. We do not knowingly collect or intend to collect Personal Information from anyone who is under the age of 13. If you are under the age of 13, you should not provide any Personal Information to us and you should use the Sites only with the knowledge, permission and involvement of a parent or guardian. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Policy by instructing their children never to provide Personal Information through the Sites without parental consent. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us and we will endeavor to delete that information from our databases.
WHAT IF I ACCESS THE SITES FROM OUTSIDE OF THE UNITED STATES?
Please be aware that the Sites are intended for users in the United States only. If you are visiting the Sites from outside the United States, please note that by using the Sites you will be sending information (including Personal Information) to the United States where our servers are located. We will hold and process your Personal Information in accordance with privacy laws in the United States and this Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be considered less protective than, privacy laws in other countries. Therefore, by providing your Personal Information, you consent to the use of your Personal Information for the uses identified in this Policy and to the transfer of your Personal Information to the United States as indicated above.
HOW WILL I BE INFORMED ABOUT CHANGES REGARDING THIS POLICY?
The Sites and our business may change from time to time. As a result (and for other business and/or technological reasons), it may be necessary for us to make changes to this Policy. We reserve the right to update, change, amend or modify this Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Information.
If we make any material changes to this Policy (as determined by us), we will post a notice on the Sites notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send an email notifying registered users of upcoming changes.
This Policy was last updated on the date indicated above. Your continued use of the Sites after any changes or revisions to this Policy become effective shall indicate your agreement with the terms of such revised and then-current Policy.
ARBITRATION; CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS
By using the Sites, you agree that any dispute in any manner arising out of or relating in any way to this Policy, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in the Los Angeles, California area. ARBITRATION MEANS THAT YOU WILL NOT HAVE AND YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, are more limited than were you to sue in court.
This arbitration provision is equally binding on claims brought by us as on claims brought by you or others. Arbitrations will be conducted under the applicable JAMS rules. The parties to arbitration will have all the same claims, legal rights, and remedies in arbitration that would be available in court. A single neutral arbitrator shall be selected in accordance with the JAMS Streamlined Arbitration Rules, which shall provide you a reasonable opportunity to participate in the arbitrator selection. It is further agreed that any disputes as to whether the scope of this arbitration provision covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties to arbitration will have full right to use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by us, except if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. You will not be required to pay fees and costs incurred by the opposing parties if you do not prevail in arbitration. In arbitration, the parties may conduct reasonable discovery and shall reasonably exchange non-privileged information relevant to the dispute. The arbitrator’s award shall be in writing and provide a written statement of the essential findings and conclusions. The arbitrator will not have the power to commit any error of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. As an exception to this arbitration provision, no one subject to the provision will be precluded from seeking remedies for disputes or claims less than $10,000 in the aggregate that can be brought in a court of competent jurisdiction.
ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that neither you nor Banana Joe LLC. are entitled to arbitrate or bring any dispute covered by this arbitration provision as a class, consolidated, representative, collective, or private attorney general action, and the arbitrator(s) will have no authority to proceed on a class, consolidated, representative, collective, or private attorney general action basis. This means:- You cannot bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
- The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
- The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Banana Joe LLC. customers, and cannot be used to decide other disputes with other customers.
- If any part of the agreement to arbitrate in this section is found unenforceable, the unenforceable term will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). In the event that any of the class action restrictions are ever deemed illegal or unenforceable, the illegally deemed or unenforceable restriction(s) shall be severed from this arbitration provision, and any class action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.
Banana Joe LLC.
Boca Raton, FL