Privacy policy

Thank you for visiting the Nico Gerard website (“Site”). It is our goal to provide you with a satisfying shopping experience. We respect the privacy needs and concerns of our customers.  This privacy policy explains the collection, use, disclosure and protection of your personal information that is collected as a part of your transaction and during visits to our Site. By visiting the Site directly or through another site, you accept the practices described in this Policy. We are not responsible for the content or privacy practices on any third party site to which the Site links or that links to the Site.

WHAT INFORMATION WE COLLECT AND HOW

We collect information (including name, address, telephone number, email address, device location, transaction information, credit card information and date of birth) that identifies you ("Personal Information") in the following ways in order to provide you with a smoother and personalized shopping experience:

1. When You Visit: When you visit our Site we automatically recognize your Internet Service Provider (e.g., Comcast, ATT, Verizon), device and its properties, general geographic location, the referring source from which you came, and a record of your activity on our Site. The information that we collect through our Site is used to improve your shopping experience (See Cookies Section below.)
2. When You Buy: When you make a purchase via our Site and/or create an account on the Site, we collect personal information including your name, billing and shipping address, email address, telephone number and credit card information.  Your credit card number is collected for transactional purposes in accordance with industry standards.
3. You Preferences: Collected information may also include any other personal information you choose to provide or preference information you choose to provide such as types of products you may be interested in.
4. Partners: We may receive information from third parties and we may combine this information with other information we maintain about you.

HOW WE USE PERSONAL INFORMATION

We use information from your visits and purchases in a number of ways:

1. To process your purchases, confirm your offers, deliver products that you have ordered and respond to your inquiries.
2. To enhance your shopping experience by allowing us to make our website easier and more enjoyable to use.
3. To customize the content and layout of our pages and provide you with additional information about our products.
4. To send you other information or materials via your mail, email, or mobile device to inform you of new products, services, special offers, promotions or upcoming Nico Gerard events.
5. To improve our products and services.

WITH WHOM WE SHARE PERSONAL INFORMATION

We contract with other companies to provide certain services, including shipping, name and address verification, email distribution, market research, third party advertising, promotions management and payment processing. We provide these companies with only the information they need to perform their services and work closely with them to ensure that your privacy is respected and protected. When we submit your credit card number for authorization to financial services corporations, we use state-of-the-art data encryption to protect your information.

From time to time, we make our mailing list (names and addresses only) and general shopping activity available to reputable companies whose products or services we believe will be of interest to you. We do not share email addresses or any personal financial information for this purpose. If you do not want to receive mailings from other reputable companies and prefer that we do not share any information with these companies, please contact us.

Should we merge with, acquire or be acquired by another business entity, some or all of your information could be transferred to the other entity.

We may share non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.

DISCLOSURE WITHOUT YOUR CONSENT

Compliance with Laws and Third Party Requests – We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our reasonable discretion, believe necessary or appropriate to respond to and defend against legal claims, respond to legal process (including a facially valid subpoena, warrant, court order or other legal process), or otherwise as required by law. Please note that we may not be able to notify you of a request for the disclosure of your information as described above, either because it might be prohibited by law, or because doing so would jeopardize an investigation into illegal or fraudulent activity, or because we do not have your contact information.

To Defend or Enforce our Rights -- We may also share your personal information to establish or exercise our legal rights, when we believe it is appropriate to protect the property and rights of Nico Gerard or a third party, the safety of our company, our customers or others, to investigate, prevent, take action against, or stop any illegal, unethical, or legally actionable activity, in connection with our Site.

COOKIES AND OTHER TECHNOLOGIES

1. We use cookies and other technologies as described below to gather information about customers of our Site and the recipients or reader of our communications, in order to know what information is or might be of interest to them. Cookies are small pieces of information that are stored as text files by your Internet browser on your computer’s hard drive. Most Internet browsers are initially set to accept cookies. You can set your browser to refuse cookies from web sites or to remove cookies from your hard drive, but if you do, you will not be able to access or use portions of the Site. The use of cookies is required for you to select products, place them in an online shopping cart, and to purchase those products. If you do this, we will keep a record of your browsing activity and purchase. THE SITE’S COOKIES DO NOT AND CANNOT INFILTRATE A USER’S HARD DRIVE TO GATHER A USER’S CONFIDENTIAL INFORMATION. To learn more about cookies and tags, please visit http://www.allaboutcookies.org/ or http://www.networkadvertising.org/

2. Web beacons assist in delivering cookies and help us determine whether a web page on the Site has been viewed and, if so, how many times. For example, any electronic image on the Site, such as an ad banner, can function as a web beacon.

3. We may use third-party advertising companies to help tailor site content to users or to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount). Any information that these third parties collect via cookies and web beacons is not linked to any personal information collected by us.

LINKS TO OTHER SITES Occasionally we provide links on our Web site to other sites to enhance the functionality and shopping experience. These sites operate independently and have established their own privacy and security policies. For the best online experience, we strongly encourage you to review these policies at any site you visit.

YOUR RIGHTS

We want our customers to enjoy their visit to our Site, and we respect their privacy. To this end, we provide numerous privacy choices.

Right not to provide information -- You can choose not to provide us with any personal information. However, to take advantage of certain features of the Site, you may be required to provide certain personal information.

Right to Access, Modify, Correct and Delete Personal Information – If you are a registered user, you may request access to the personal information we have about you, request to have it updated or corrected by contacting us to make such changes. We will do our best to respond to your request unless the burden or expense of providing access would be disproportionate to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.

Right to object to new uses of your personal information -- If at any time we wish to disclose, or use your personal data in a way, or for a purpose other than as described in this Privacy Policy, we will give you the opportunity to choose (opt out) whether your personal data may be used for a purpose other than the purposes that are set forth in this Privacy Policy.

You always have the choice to opt-out of receiving certain information or to request that certain information not be shared with third parties. If you do not wish to receive email or direct mail promotional materials from us or our third party partners, you may elect to do so at the customer information section of our Site or by contacting us at support@nicogerard.com.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@nicogerard.com or write to us at the following address: Andy Pluemer, 3561 Homestead Road, Suite 500, Santa Clara, CA 95051.

PRIVACY OF CHILDREN This site is a general audience site and is not intended for use by children under the age of 13.  To ensure compliance with federal law, Nico Gerard does not knowingly collect or maintain information provided by, nor does it actively market any of its products to, children under the age of 13. 

SECURITY

We employ administrative, physical, and electronic measures designed to protect your Personal Information from unauthorized access, loss, misuse, disclosure, alteration, and destruction. The servers on which information is stored are kept in a controlled environment with limited access. We use a minimum 128-bit Secure Sockets Layering (SSLv3) with industry standard strong encryption to encrypt your personal credit information, including your credit card number, before it travels over the Internet and use SSL technology, which is the industry standard, for secure online transactions. It is our policy that credit card information is stored in an encrypted format, which makes it legible only to systems that have access to the associated decryption key.

While we do our best to implement security measures, we cannot guarantee the security of our Site and databases, nor can we guarantee that the information you submit to us on our Site will not be intercepted over the Internet.

Your account information and is accessible only through the use of an individual customer ID and password. To protect the confidentiality of Personal Information, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your password has been misused. In addition, always logout and close your browser when you finish your session.

Please note that we will never ask you to disclose your password in an unsolicited phone call or email.

LIMITATION OF LIABILITY

Transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure. We will not be liable for unauthorized disclosure of personal data that occurs through no fault of Nico Gerard, including, but not limited to, errors in transmission, access to your account by anyone, uses of your user ID and password by a third party, your failure to comply with your security obligations, and the unauthorized acts of third parties.

INTERNATIONAL TRANSFER

Your information may be transferred, stored, maintained, and processed in the United States or in other countries where we have facilities or where we have engaged a service provider. This storage, maintenance or processing will be performed under privacy and security laws and standards that may not be as protective as those in your jurisdiction. By using our Site or by providing information to us, you consent to such storage, maintenance and processing outside your country of residence, including but not limited to the United States.

CHANGE OF THE PRIVACY POLICY

We reserve the right in our sole discretion to update or modify this Privacy Policy at any time and you agree to be bound by such modifications or updates. Any of these material modifications or updates will be notified to you with the date of change. Your continued use of the Service and the Site constitutes your agreement to these modifications or updates. We encourage you to review periodically this Privacy Policy in order to be informed about how we protect your Information and to be aware of any update.

CONTACT US

If you have any questions or comments about this Privacy Policy, or if you would like us to update your Personal Information that we have collected, please contact us as follows:

By email: support@nicogerard.com

By phone: 415-610-6812

By postal mail at: 3561 Homestead Road, Suite 500, Santa Clara, CA 95051