We reserve the right to release such information to law enforcement or other governmental officials as we, in our sole and absolute discretion, deem necessary to comply with the law.
Collection and Use of Non-Personal Information
Session Analytics Information.
We may automatically collect non-personally identifiable information about your hardware devices (computer or mobile device) when you access the FLARE Services. For example, when you visit www.flare-eyewear.com (the “Site” or “sites”), we may collect your Internet Protocol (“IP”) address, which is the number automatically assigned to your computer or mobile device whenever you access the Internet, as well as information about the type of Web browser software you use and the referring Web site. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our service and to administer the Site. We may also collect information about your activity on our Site or App, such as the time and duration of your visit, the sections of the Site or Application that you visit, the search terms you use, and the products you add to your shopping cart.
Cookies do not collect personally identifiable information. Cookies may remain on your hard drive or device after you cease using the FLARE Services. You may decline to accept cookies by modifying your Web browser settings. If you choose to decline cookies, however, you may not be able to sign up for or use certain features of the FLARE Services that depend on your Web browser accepting cookies.
Collection of Personal Information
Personal Information You Provide.
We may collect and store any identifiable information that you choose to provide in connection with your use of the FLARE Services. This may include personally identifiable information (such as your name, shipping address, billing address, email address, phone number and credit card number) that we need in order to process your orders, communicate with you, or provide you with services that you request. We collect this information through order forms on our Site, newsletter registration, affiliated product partners, and through signups for our mailing list located in our flagship store and at our wholesale accounts. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address).
Personal Information from Other Sources.
Information that you give us may be combined with other personally identifiable information (such as order history and demographic information) from third-party sources to make our marketing efforts more efficient. E-mail addresses of visitors that communicate with FLARE via e-mail may also be collected. Examples of other information we receive from third-party sources include updated delivery and address information, email contact information and demographics, which we use to correct our records and deliver your next purchase or catalog more easily as well as continue to increase the efficiency of our marketing procedures.
Use of Personal Information About You
We use your personal, demographic and profile data to enhance your experience at our site and to enable us to present content we think you might be interested in. We use your contact information to send you information about our company and promotional material from our partners. We may also use your personal, demographic and profile data to improve our site, for statistical analysis, for marketing and/or promotional purposes, and for editorial content or feedback purposes for our advertisers. Information collected by us may be added to our databases and used for future telemarketing, SMS text-messaging, e-mails or postal mailings regarding updates to our site, new products and services, upcoming events, and/or the status of orders placed online. By using our site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do not call registry, in-house list or similar registry.
Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you. You may opt-out of receiving future mailings; see “How to remove your name from our mailing, sharing or email list” below.
If you register for email or if you provide your email address to us, we will send you periodic emails regarding the launch of new products, of special sales, of promotional offers from our partners, of environmental issues we think are important, and of potential employment opportunities with FLARE that you may find of interest, and of other events taking place in our stores near you. If you currently receive our emails and do not wish to continue receiving them, please see the “How to remove your name from our mailing, sharing or email list” section below.
We use your shipping address to ship your products to you and to send catalogs and other mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “Disclosures of Your Information” section below. If you do not wish to receive catalogs or other mailings from us, please see the “How to remove your name from our mailing, sharing or email list” section below.
If you choose to provide personal information, it will be used for the following purposes:
1. considering you for a FLARE product;
2. as required by law; and
3. for marketing products and services which we determine, in our sole judgment, that you might find of interest. We reserve the right to share, rent, sell, or otherwise disclose data we collect to authorized third parties. Any third party we share, rent, sell, or otherwise disclose data to will be prescreened by us, determined by us to be reputable, and will use the personal data for marketing products and services which we determine, in our sole judgment, that you might find of interest.
Disclosures of Personal Information About You
We do not disclose personal information about you to other companies, persons or agencies, except for the purposes described below:
We employ other companies and individuals to perform certain services and functions on our behalf. Examples include operating and maintaining our Site, taking orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their services or functions, but may not use it for other purposes.
Affiliates and Partners
Sometimes we send offers to selected groups of FLARE customers on behalf of our affiliated companies and marketing agencies, and on behalf of other non-affiliated partners.
For Your Protection and Ours
We may share your name and postal address with other companies so they may send you catalogs about products of potential interest. We do not share credit card information or email address with these third parties. If you prefer that we not share your name and postal address with other companies, please see “How to remove your name from our mailing, sharing or email list” section below.
With Your Consent
Other than as set out above, you will receive notice when information about you might go to third parties, and you will have the opportunity to choose not to share the information.
How to Remove your Name from Our Mailing, Sharing or Email List
You may opt-out of receiving communications from us and/or our partners by not submitting your information. We also allow you to remove your information from our marketing lists. If you remove your information from our marketing lists it will no longer be used by us to send promotional correspondence to you.
You can remove your information from our marketing lists by clicking on the “Unsubscribe” link at the bottom of every email we send you, or by sending your request, in writing, via email to: firstname.lastname@example.org
How to Correct your Information from Our Mailing, Sharing or Email List
You can correct your information within our marketing lists by sending your request, in writing, via email to: email@example.com
Protection of Personal Information
We want you to feel confident about using and making purchases through the FLARE Services, and we are committed to protecting the personal information we collect. While we cannot guarantee security, we have implemented appropriate physical, electronic and managerial security procedures to help protect the personal information that you provide to us.
We do not sell merchandise for purchase by children via the FLARE Services. If you are under 18, you may use the FLARE Services only with the involvement of a parent or guardian. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
How to contact Us
If you have any questions or concerns about the privacy or security of your information, you may contact us in any of the following ways
1. You may send an email to firstname.lastname@example.org
2. You may send mail to the following postal addresses:
Via Roccat Ferrari 6
3. You may call one of the following numbers:
+39 348 2606801
+41 76 492 22 98
Our Right to Contact You
Our Contact Information
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact us via email sent to: email@example.com
Anti Spam Policy. Can-Spam Act Compliance
FLARE is dedicated to ensuring compliance with the Can-Spam Act, which took effect January 1, 2004. You may receive email from FLARE in the following circumstances:
1 Acknowledging that your application has been received and requesting additional action
2 Requests for additional information to support your current application
3 Response to your inquiries regarding the status of your transaction requests
4 Thanking you for your business
5 Advertisements for our products, services, changes in services, new product availability, etc.
6 Advertisements for third party products and services where we have determined that such product and/or service may be of interest to our customers
To ensure compliance with the Can-Spam Act, FLARE has implemented the following guidelines for email delivery:
1 All emails sent to you by us will clearly identify us or our website as the sender.
2 The Subject Line of any email you receive will always accurately describe the subject matter of the email.
3 Any email from FLARE will include the ability to unsubscribe from future email messages.
4 If You wish, Unsubscribing can ensure the customer is removed from ALL lists at FLARE; this excludes customer service emails regarding the processing and status of a current products or services.
5 All emails sent to you directly by FLARE include valid postal address information in the footer.
6 All third party marketing partners are required to comply with the Can-Spam Act.
7 Emails sent to you directly by FLARE will include an email address and physical address where you can send suggestions, complaints or other correspondence.
Information for ISPs
FLARE understands consumers concerns over the use of their personal information. We hope this information will relieve any concerns you or your company may have regarding our email policies. FLARE and its affiliated sites use only an “opt-in or opt out” method of obtaining customer information, and it is not our policy or desire to send unsolicited email. We obtain email addresses and personal information from third parties that follow the same set of policies. FLARE sends email messages that always include information about the origin of the emails and instructions on how recipients can unsubscribe from receiving future email messages.
From time to time, FLARE will enter into an arrangement with a third party website to allow individuals to opt into our marketing program on those third party websites. In each case the third party websites have represented and warranted to us, among other things,
1 that the data was collected voluntarily from individuals on website registrations and co-registrations,
2 that the sellers have a right, under any applicable privacy statements, to transfer the data to us, and
3 that FLARE has the right to send marketing offers to the individuals.
Welcome to www.flare-eyewear.com and FLARE mobile services (the “FLARE Electronic Platforms”). The FLARE Electronic Platforms are hosted by FLARE and its parent, subsidiaries and affiliates (collectively, “FLARE,” “we,” or “us”).
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the FLARE Electronic Platforms following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.
License and Access to FLARE Electronic Platforms
FLARE grants you a limited license to access and make personal use of the FLARE Electronic Platforms and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of FLARE. This license does not include any resale or commercial use of the FLARE Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the FLARE Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the FLARE Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FLARE. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FLARE and our affiliates without express written consent. You may not use meta tags or any other hidden text using the FLARE name or trademarks without the express written consent of FLARE. Any unauthorized use terminates the permission or license granted by FLARE.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of FLARE so long as the link does not portray FLARE or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any FLARE logo or other proprietary graphic or trademark as part of the link without express written permission.
FLARE reserves the right to change the descriptions, specifications, and prices of the products offered on the Website without notice and at any time. FLARE does not warrant that such descriptions, specifications and prices of such products are accurate, complete or current at all times. Such products may not be available for delivery to your country of residence.
All orders placed through the Website are subject to FLARE’ acceptance. This means that FLARE may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled or rejected by FLARE, FLARE will issue you a refund.
We have made every effort to display as accurately as possible the colors of our products that appear on the FLARE Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.
FLARE does sell products for children, but it does not sell products to children. FLARE only sells products to adults, ages 18 years and older, who can purchase them with a credit card. FLARE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if FLARE believes that user conduct violates applicable law or is harmful to the interests of FLARE or its affiliates.
All intellectual property on the Website (except for User Generated Content) is owned by FLARE or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are trademarks or registered trademarks of FLARE. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of FLARE.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the FLARE Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by FLARE or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the FLARE Electronic Platforms for any purposes. Nothing stated or implied on the FLARE Electronic Platforms confers on you any license or right under any copyright of FLARE or any third party.
The FLARE Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the FLARE Electronic Platforms, or use the contents of the FLARE Electronic Platforms for any commercial or promotional purposes, without the express written consent of FLARE or its lawful successors and assigns. For usage permission, contact us.
COPYRIGHT INFRINGEMENT COMPLAINTS
We respect the intellectual property rights of others and we prohibit users from posting on the FLARE Website any content that violates another party’s intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give FLARE legally sufficient notice to FLARE of infringement. Send copyright infringement complaints to: firstname.lastname@example.org
We suggest that you consult your legal advisor before filing a DMCA notice with FLARE’ copyright agent. There can be penalties for false claims under the DMCA.
THIRD PARTY LINKS
FLARE may provide links to external websites for your convenience and reference only. FLARE does not endorse and is not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against FLARE or its service providers arising out of your use of external websites or resources. FLARE makes no guarantee for the accuracy of data or documents from third party websites. This data may change with no notice to FLARE or end users. The ability to access specific data from any third party website could be unavailable at times. FLARE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the FLARE Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from FLARE. As a condition of your use of the FLARE Electronic Platforms, you warrant that you will not use the FLARE Electronic Platforms (a) for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the FLARE Electronic Platforms, any account, or any communication or transaction being conducted on the FLARE Electronic Platforms; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except FLARE) any information you obtain about or from other users of the FLARE Electronic Platforms, or you obtain from FLARE Electronic Platforms if such information is marked confidential, for any purpose, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the FLARE Electronic Platforms, (g) send any unsolicited e-mail or advertising to any known user or (h) use the FLARE Electronic Platforms for any use other than personal, noncommercial purposes unless specifically approved in writing by FLARE Electronic Platforms, in its sole discretion.
You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with FLARE or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Risk of Loss
All products purchased from the FLARE Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, FLARE. Title to products purchased on the FLARE Electronic Platforms, as well as the risk of loss for such products, passes to you when FLARE delivers these items to the carrier.
The FLARE Guarantee
FLARE guarantees every product we make. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, you may return the product to the store from which you bought it or to FLARE for repair, replacement, or refund in accordance with the FLARE warranty policy. Damage due to wear and tear will be repaired at a reasonable charge.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE FLARE ELECTRONIC PLATFORMS ARE PROVIDED BY FLARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLARE MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FLARE ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE FLARE ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE FLARE ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE FLARE ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE FLARE ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE FLARE ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE FLARE ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FLARE ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLARE DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL FLARE, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FLARE ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE FLARE ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE FLARE ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO FLARE THROUGH THE FLARE ELECTRONIC PLATFORMS; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of Italy, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within Italy. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to FLARE or to products you purchase through FLARE shall be submitted to confidential arbitration in Italy, except that, to the extent you have in any manner violated or threatened to violate FLARE intellectual property rights.
You agree to defend, indemnify, and hold harmless FLARE and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by FLARE arising out of or relating to your use of the FLARE Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the FLARE Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the FLARE Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the FLARE Electronic Platforms at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FLARE as a result of this Agreement or your use of the FLARE Electronic Platforms. Nothing contained in this Agreement is in derogation of FLARE right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the FLARE Electronic Platforms or information provided to or gathered by FLARE with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of FLARE to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
Considerations for Non-U.S. Customers
FLARE headquarters are located Italy. Please be aware that information you provide to us, or that we obtain as a result of your use of the FLARE Services, may be processed and transferred to Italy and be subject to Italian law. The privacy and data protection laws in Italy may not be equivalent to such laws in your country of residence. By using the FLARE Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in Italy.
All rights not expressly granted herein are hereby reserved.