Privacy Policy
Effective as of April 2021
This website is operated by Designs By Aaron (“DBA”). Throughout the site, the terms “we,” “us,” and “our” refer to DBA and its affiliates and subsidiaries. DBA offers this website, including, without limitation, all information, tools, and services available from this site.
Data, content, software, function, and materials set forth are available herein (collectively, the “Website”) to you, the user, (hereinafter “you” or “your”), conditioned upon acceptance of all the terms, conditions, policies, notices and disclaimers stated here. Your use of this website constitutes your agreement to these Terms and Conditions of Use.
Your Privacy
DBA respects your privacy and is firmly committed to ensuring online user privacy. This Privacy Policy governs information collected in the course of the provision of our services made available on or through our website (www.jewelrydesignsbyaaron.com). We provide this notice to explain our online information-gathering practices and choices you can make about the way your information is collected, used, and disclosed.
DBA recognizes the importance of obtaining consent where required by law for collection, use, and disclosure of Personal Information. By submitting Personal Information to DBA, its affiliates, subsidiaries, or our service providers, you consent to our collection, use, and disclosure of such Personal Information for the purposes described in this Privacy Policy and as permitted or required by law.
When working with service providers and personnel, we instruct them to comply with privacy laws and with this Privacy Policy. We may use service providers in Maine, the United States, and elsewhere. It is always possible that, despite our safeguards, your information may be or become accessible to law enforcement and national security authorities of the jurisdictions where our service providers are located.
We use appropriate security measures when destroying Personal Information, including shredding any paper records and permanently deleting electronic records. We retain Personal Information only as long as is reasonable to fulfill the purposes for which the information was collected or for legal or business purposes.
We may also use service providers to adopt and maintain the appropriate level of security. Such service providers and personnel are required to comply with privacy laws and with this Privacy Policy. Since your privacy is important to us, DBA takes reasonable precautions to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information.
While no security system is absolutely safe, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online and protect your personally identifiable information from loss, misuse, alteration, and destruction.
This Privacy Policy may be changed from time to time to maintain compliance with applicable privacy laws, regulations, and standards. If you have any questions about our use of Personal Information, please contact our Privacy Officer designated under this Privacy Policy.
The Information We Collect
Personal Information is any information about an individual. It may include information such as an individual’s name, home address, phone number, email address, age, sex, marital, family status, an identifying number, financial information, educational history, information about your computer, or browser. Personal Information, however, may not include certain business contact information used for employment, business, or professional purposes.
This notice applies to all information collected or submitted on this Website by DBA and any service providers contracted to perform certain business functions on our behalf (“Third-Party Providers”). DBA does not collect personally identifiable information about you unless you voluntarily provide it.
At any time, before you submit, you may opt-out of providing such information by closing this website. Our web server automatically collects some non-personally identifiable information about you when you request pages from our server in the process of using this Website.
This nonpersonally identifiable information, or aggregate information, includes:
- The IP address, which is a number that is used by computers on the network to identify your computer so that data, such as the web pages you request, can be sent to you.
- The name of the domain from which you access the Internet. For example, aol.com if you are connecting from an America Online account.
- The date and time of access to our Website The path taken through our Website.
- The Internet address of the Website that linked directly to our site.
The Way We Use Information
Aggregate Information (non-personally identifiable)
We use the non-identifying and aggregate information about site visitors listed in the previous section to measure the number of visitors to the different sections of our site, help us make our site more useful to visitors, and assess the login performance of the Website.
Personally Identifiable Information
We use the personally identifiable information you provide us only for the purposes of which the information was collected, as described in this Privacy Policy, except as otherwise authorized or required by law.
These purposes may include, but are not limited to:
- Fulfill your request for various services
- To deliver the services and monitor their quality
- Help you quickly find or receive information about DBA
- Alert you to updated information and services
- Provide tailored promotions and offers
- To understand the needs and preferences of consumers and respond to their request
- To conduct research and statistical analysis in respect of our service offering or consumer profile
- To administer and enhance your relationship with us
- To manage and develop our business, including customization of our services for current and future customers
- To communicate with you with respect to actual and potential services and products
- To comply with audit and legal requirements
- To engage in due diligence and carry out business transactions that may involve the sale, purchase, or transfer of Personal Information, including the sale, purchase, lease, merger, amalgamation, or other types of acquisition, disposal, securitization, or financing of a business or corporate person
- Provide more complete service
- Improve the content and performance of our website
- Answer your questions
- Measure the number of unique and repeat visitors to our customer web portals to determine the frequency of use of those portals
- Measure the success of the web portals to help make our web portals more useful to visitors and correlate the number of times the web portal was visited
- Any other purposes for which we have consent in accordance with applicable laws
If we wish to use or disclose your Personal Information for any new purpose not included in this Privacy Policy, we will ask for your consent, unless consent is not otherwise required by applicable law. DBA does not license, sell, or provide Personal Information to third parties except as Permitted by this Privacy Policy, as permitted or required by law, or with your consent. In addition, we may share your Personal Information with our affiliates or other service providers for use only in accordance with this Privacy Policy or as permitted or required by law.
If some of all of the business assets of DBA are sold or financed, Personal Information may be disclosed under confidentiality restrictions for due diligence purposes. If DBA’s business or assets are sold or financed, Personal Information may be used by DBA’s successor entity or its affiliates if the use is in accordance with this Privacy Policy.
Should such a transaction result in a transfer of ownership in the Personal Information, the privacy policy of the assuming party will be made available on the website and govern your Personal Information. DBA is not obligated to communicate such a transfer to you. However, DBA shall update the Privacy Policy if requires as a result of such transaction or otherwise required by law.
Email Communications
We collect your name and email address when you register for any of our online services. In addition to using your email address to provide you with such services or to answer your inquiries, we use the email address you provide us so that we may send you email communications about other matters, such as information about new products and services, and notifications and updates about existing products and services.
By registering for any of our online services or emailing us, you agree that we can send you such additional email communications. DBA assumes that you consent to us using and sharing your Personal Information, as permitted by law if you choose to provide such Personal Information to DBA
You can unsubscribe from our email communications at any time by:
- Clicking the unsubscribe link at the bottom of any email communication that you receive from us
- Changing your email preferences in your DBA Online Profile
- Sending our office a written request to unsubscribe, and including your name, address, and email address, via email ([email protected]) or postal service to 8 Merchants Plaza, Bangor, ME 04401
- Calling us at (207) 941-9760
The Way We Share & Disclose Information
Aggregate Information (non-personally identifiable). We share aggregated demographic information about our user base with some Third-Party Providers. This information does not identify individual users.
Personally Identifiable Information
We share your personally identifiable information with specific employees of DBA who are only permitted to use personally identifiable information within the scope of their employment in connection with the provision of services to you.
DBA does, at times, contract with Third-Party Providers to perform certain business functions on our behalf including, without limitation, surveying, analyzing data, providing marketing assistance, providing search results and links, providing mailing services, processing credit card and other bill payments, providing customer service, conducting research, promoting programs, and managing program enrollment.
Such Third-Party Providers have access to personal information needed to perform their specific business functions but may not use it for other purposes. Furthermore, such Third-Party Providers are either subject to these Terms and Conditions of Use or follow practices at least as protective as those described in these Terms and Conditions of Use.
We do not share your personally identifiable information with third-party companies or organizations other than our Third-Party Providers. We never sell your personally identifiable information. You may authorize us to share your Personal Information with others, including third-party payment gateways and other applications or platforms.
We reserve the right to disclose your personally identifiable information as required by law, legal process, a judicial proceeding, court order, or governmental request, assert legal rights or defend legal claims, or when we believe that disclosure is necessary to prevent, detect or investigate illegal activity, fraud, abuse, violation of our terms or threats to the security of services or the physical safety of any person.
In the event that any legal process (such as a search warrant, disclosure request, court order or subpoena) is initiated that requires disclosure of your Personal Information, we shall notify you of the same, except if we are prohibited from such disclosure by law. Where a court order specifies a non-disclosure period, we provide delayed notice after the expiry of the non-disclosure period.
Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you with an opportunity to opt-out or otherwise prohibit such unrelated uses.
In some areas of our website, we require a user ID and password for you to access certain information. DBA will not disclose passwords to third parties, other than such Third-Party Providers who need passwords to perform their specific business functions. You are responsible for maintaining the privacy and security of your password, user name, email address, and related information.
The Way We Store Information
A cookie is a piece of data stored on your hard drive or in your computer’s memory containing information about your visit. We use session cookies to make it easier for you to navigate our site by allowing you to visit pages within our site without having to input personal information every time you click a link within the site. A session cookie expires when you close your browser.
If you reject cookies, you may still use our site, but your ability to use some areas of our site may be limited. We collect certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information to administer the Website, analyze trends, track users’ movements around the site, and gather demographic information about our entire user base. For privacy and security reasons, minimal customer-specific information is stored solely for the purpose of user authentication. All information gathered when using our online services is stored in a secure database in-house.
When you link to other sites from this Website, our Privacy Policy no longer applies. Since those websites may use cookies, you should review the other sites’ privacy policies. We keep your account/login information for as long as your account/login is in existence, or as may be required to operate your account.
In some cases, when you give us information specifically for a feature of our services, we delete the data after it is no longer needed for the feature. We also keep information about you and your use of the services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described above in this Privacy Policy.
Changes to This Privacy Policy
The effective date of this Privacy Policy is listed in the heading of our Terms and Conditions of Use set forth above. We reserve the right to change this Privacy Policy from time to time and without notice. Changes to this Privacy Policy will be posted to this site accordingly.
You may want to visit this page periodically to review the current policy. This statement, and the policies outlined herein, are not intended to and do not create any contractual or legal rights on behalf of any party.
If we decide to change our Privacy Policy, we will post those changes here and in other places, we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances if any, we disclose it.
Changes to your Personally Identifiable Information
If your personal information changes, or if you no longer desire our service, you may correct, update, or deactivate it by making the changes in our web portal system or by contacting us by either email at [email protected] or telephone at (207) 941-9760.
Editing or Deleting Data
If you object to the use or sharing of information on your email, you may opt-out and unsubscribe by using the unsubscribe and opt-out functions in our communications or on our Website, or you may contact our Privacy Officer as indicated below in this Privacy Policy.
If you are seeking access to certain information, please be aware that DBA may not be able to provide access to information that constitutes confidential commercial information collected in respect of the investigation of a breach of an agreement or of law, generated in respect of dispute resolution, or that otherwise may be withheld as permitted or required by law, or may be subject to lawyer-client privilege or any other similar form of privilege.
Where & How to Contact Us
If you wish to file a complaint, make an inquiry regarding or obtain access to your Personal Information that we may hold, withdraw consent, or edit your information. If you have questions about our policies and practices with respect to our Services and service providers, including any collection, use, disclosure, or storage of Personal Information by our service providers in certain territories, please contact us at the address below.
Designs by Aaron
Attn: Privacy Officer
8 Merchants Plaza
Bangor, ME 04401
Email: [email protected]
CHILDREN’S PRIVACY
This website contains information about jewelry that may be of educational interest to children. We do not intend to gather personal information online from or about children. We encourage all children to seek consent from their parents before providing any information about themselves, their families, or their homes to anyone on the Internet.
ACCURACY, COMPLETENESS, & TIMELINESS OF INFORMATION ON THIS WEBSITE
DBA is not responsible if information made available on this website is not accurate, complete or current. The material on this website is for general information only. It should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or recent sources of information.
Any reliance on the material on this Website is at your own risk. This Privacy Policy does not govern Personal Information about our employees.
DISCLAIMERS
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE ALSO RESERVE THE RIGHT TO TEMPORARILY SUSPEND OR PERMANENTLY TERMINATE ANY SERVICE, TOOL OR FEATURE CONTAINED ON THIS WEBSITE AT ANY TIME.
DBA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING, ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THE WEBSITE WILL BE SECURE, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE VIRUS-FREE, OR INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR OTHERWISE.
IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DBA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DBA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, DBA’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DBA SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH DBA IS TO DISCONTINUE YOUR USE OF THE WEBSITE.
YOU AND DBA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DBA, its affiliates, members, officers, directors, shareholders, employees, contractors, agents, attorneys, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Website and any violation of this Privacy Policy.
If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. DBA reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with DBA in the defense of such matter.
JURISDICTION & APPLICABLE LAW
The laws of the State of Maine govern these terms and your use of the Website, and you irrevocably consent to the jurisdiction of the courts located in the County of Penobscot for any action arising out of or relating to these Terms and Conditions of Use. We recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, but we have no practical ability to prevent such access.
This Website has been designed to comply with the laws of the State of Maine and of the United States. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
ENTIRE AGREEMENT & ADMISSIBILITY
These terms constitute the entire agreement and understanding between you and DBA with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
A printed version shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these terms is unlawful, void, or unenforceable, the remaining provisions thereof will remain in place.
