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Last updated: March 11, 2010 Introduction This Privacy Policy describes how Michael Kors (“we” or “us”) collects personal information from you, how we use it and to whom and under what circumstances we may disclose it. For visitors to www.michaelkors.com (the “Site”): The Site is operated by The Neiman Marcus Group, Inc., pursuant to an agreement with us. To learn how The Neiman Marcus Group handles the information it receives from and about you while you are on the Site, please click here. Information Collection We collect personal information from you when you: (1) purchase products from us, whether online, through a catalog or in one of our stores; (2) register on the Site; (3) complete a survey; (4) participate in a sweepstakes or other promotion; (5) contact us; or (6) otherwise provide it to us. The information we collect may include your name, address, email address, telephone number, items purchased, date of birth, payment information and other information you may provide to us. We may combine the information we collect from and about you online with the information we collect from and about you offline. We may also combine your information with information we receive about you from other sources, such as address update services. As part of the standard operation of the Site, we may collect certain non-personal information from you, including but not limited to your browser type, operating system, IP address and the domain name from which you accessed the Site. In addition, we may collect information about your browsing behavior, such as the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing the Site, the number of times you return to the Site and other click-stream data. We, or service providers acting on our behalf, may use cookies and web beacons to collect the non-personal information described above. A cookie is a small text file that may be stored on the hard drive of your computer when you access the Site. A web beacon is typically a one-pixel image, used to pass information from your computer to a website. We may also use cookies and web beacons to: (1) remember you when you return to the Site; (2) keep track of what you have in your online shopping cart; (3) provide you with customized content and advertising; (4) monitor Site usage; (5) measure the effectiveness of our advertising (both on our Site and on other sites) and emails; and (6) conduct research to improve our content, merchandise and services. You are free to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the “Help” menu of your browser to learn how to change your cookie preferences. By declining cookies, you may also block certain web beacons. We also work with service providers that use cookies and web beacons to collect information about your visits to the Site and to other websites and serve advertisements to you, across the Internet, based on that information. If you would like to learn more about this practice, and to know your choices with respect to it, please visit here. Access to Your Personal Information You may access any personal information you provide to us, correct or modify any such personal information, or direct us to make no further use of your personal information. To do so, please send us an email with your request to customerservice@michaelkors.com. In your request, please include your name and your email and postal addresses. Information Use We may use the information we collect from and about you for any of the following purposes: (1) to fulfill your requests for products and services and to keep you informed about your orders; (2) to provide you with targeted offers and advertising on the Site; (3) subject to the choices you have expressed to us, to contact you with information and promotional materials, including our catalog, as well as offers from select partners; (4) to contact you when necessary; (5) for market research and to review and improve our merchandise selections, customer service, online and offline operations and overall shopping experience; (6) to protect the security or integrity of the Site and our business; and (7) otherwise, with your permission. Information Disclosure We may disclose information collected from and about you as follows: (1) to our service providers and suppliers, if the disclosure will enable any of them to perform a business, professional or technical support function for us; (2) as necessary if we believe that there has been a violation of the Site Terms of Use or of our rights or the rights of any third party; (3) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; (4) in the event that our company or substantially all of its assets are acquired, your personal information may be one of the transferred assets; and (5) otherwise, with your permission. We may also share your name, address and transactional information (but not any payment information) with other marketers, unless you direct us not to. Please see “Your Choices,” below. Your Choices If you would like to opt out of receiving direct mail or telephone marketing calls from us, please contact us at customerservice@michaelkors.com. Please include your name, your email and postal addresses and your telephone number. We will process your request within a reasonable timeframe, but you may, in the meantime, receive previously scheduled mail or calls from us. If you would like to opt out of receiving promotional emails from us, please follow the unsubscribe instructions located in each such email. If you would prefer that we not share your name, address and transactional information with other marketers, please contact us at customerservice@michaelkors.com. In your request, please include your name and your email and postal addresses. (We never share your payment information with other marketers.) Maintenance of Personal Information in U.S. Your personal information may be stored and processed in the United States by our affiliates and other third party service providers and may be accessed pursuant to a search warrant or other legally valid inquiry or order. Security We have implemented measures in an effort to safeguard the personal information in our custody and control, including only providing access to personal information to employees and authorized service providers who require such information for the purposes described in this Privacy Policy. We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. Our service providers are not authorized to use or disclose your personal information for any purpose other than providing the services on our behalf or as otherwise required by applicable law. To provide you with an increased level of security, online access to certain personal information may be protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication. Retention We only keep your personal information as long as necessary for the purposes we collected it, or as otherwise required by law. Children's privacy We do not direct the Site to, nor do we knowingly collect any personal information from, children under thirteen. Third Party Websites The Site may contain links to third-party websites, which may have privacy policies that differ from our own. We are not responsible for the activities and practices that take place on these sites. Accordingly, we recommend that you review the privacy policy posted on any site that you may access through the Site. Safe Harbor Certification Michael Kors adheres to the Safe Harbor framework developed by the U.S. Department of Commerce in coordination with the European Commission. Changes to This Privacy Policy We may change this privacy policy from time to time. When we do, we will post the change(s) on our website. If we change the policy in a material way, we will provide appropriate online notice to you. Contact Us If you have questions about this Privacy Policy, please contact us at customerservice@michaelkors.com. Browser advisory PC users should place their online order using Internet Explorer or Firefox. Macintosh users should place their online orders using Safari or Firefox. These browsers allow us to offer our customers the highest level of security; some other browsers prevent users from viewing secure pages during the checkout process. We apologize for any inconvenience. Download a free copy of Firefox here. For the latest version of Safari, from the Apple menu, choose Software Update. For the latest Internet Explorer version visit here. Please be aware that MichaelKors.com uses rich media content to improve the user experience. Download and Install Adobe Flash to view the website as it was intended. Conditions of use, notices and disclaimers. When you use this Web Site, you are automatically agreeing that both your access to the site and your use of it are:
Please refer to this page frequently to review our current terms and conditions of use. Copyright The following elements of this Web Site are the property of Neiman Marcus or Neiman Marcus suppliers or Michael Kors and are protected by United States and international copyright laws:
Trademarks The trademarks or trade dress of Neiman Marcus, Michael Kors and each of our affiliates may not be used without our written permission. Trademarks or trade dress include the Neiman Marcus names and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Neiman Marcus and Michael Kors products, services, and programs. VELCRO® is a registered trademark of Velcro Industries, B.V. All other trademarks that appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates. Use You have permission to electronically copy and print hard copies of pages from this Web Site solely for personal, non-commercial purposes related to placing an order or shopping with the Web Site. Unless we give you written permission in advance, any other use of this Web Site, its content and its information, including linking or framing to this Web Site, are strictly prohibited. Errors and inaccuracies Our goal is to provide complete, accurate, up-to-date information on our Web Site. Unfortunately, it is not possible to ensure that any Web Site is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause. Disclaimer of liability We make no representations or warranties of any kind, whether express or implied, with respect to this Web Site, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this Web Site or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages. No confidentiality Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this Web Site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. Applicable law By visiting this Web Site, you agree that, except with respect to disputes involving The Neiman Marcus Group, Inc., which are governed by The Neiman Marcus Group, Inc.’s policy, the laws of the state of New York, without regard to principles of conflict of laws, will govern any dispute related to products purchased here or infringement on our intellectual property rights that might arise between you and us or any of our affiliates. Disputes Except with respect to disputes involving The Neiman Marcus Group, Inc., which are governed by The Neiman Marcus Group, Inc.’s policy, any dispute relating in any way to products purchased here shall be submitted to confidential arbitration New York, New York. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Web Site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. Privacy Complaints by European Union Citizens: In compliance with the Safe Harbor Principles, Michael Kors commits to resolve complaints about your privacy and our collection or use of your personal information. European Union citizens with inquiries or complaints regarding this privacy policy should first contact Michael Kors at customerservice@michaelkors.com. Michael Kors has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU Safe Harbor, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Michael Kors you may contact:
Council of Better Business Bureaus, Inc.
Protecting your information
BBB EU Safe Harbor 4200 Wilson Boulevard, Suite 800 Arlington, VA 22203 Phone: 703-276-0100 Web: www. us.bbb.org Email: eusafeharbor@council.bbb.org As part of our ongoing commitment to ensure that your shopping experience with the Web Site is protected, we will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law.
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