RSJ Collection Privacy Policy
RSJCOLLECTION.COM (“RSJ COLLECTION”) provides users with:
the www.RSJCOLLECTION.com website (“Site”);
any online accounts, web-based applications or platforms made available for use on any device or technology platform in connection RSJ COLLECTION (“Applications”); and
any of RSJ COLLECTION’ products made available on the Site or via the Applications (“Services”). The Site, Applications and Services are all facilities, functions or activities (“Features”) developed by us, or our agents, and designed to assist your experience.
Our central goal is to provide the best products and optimize your experience while using them. To make that work effectively, RSJ COLLECTION needs to collect personal information from each customer and process and maintain that personal information.
RSJ COLLECTION uses common technologies such as cookies and Web beacons to keep track of your interactions with the Site, Application and Services and to improve the quality of our products and services.
RSJ COLLECTION may also collect your Internet Protocol (“IP”) address to track and aggregate non-personally identifiable information, your referring website addresses, browser type, domain name and access times.
Unless connected directly to a user account, the information RSJ COLLECTION processes in connection with each IP address is largely statistical and is not stored to or referred to by RSJ COLLECTION in a way that permits us to piece together any particular user’s browsing behavior.
The purpose of this Privacy Policy is to inform you about how we processes information about you. This Privacy Policy applies to all of the Features operated by RSJ COLLECTION or its subsidiaries or affiliated companies. From time to time RSJ COLLECTION may also post product or service specific privacy notices or documentation to explain in more detail howRSJ COLLECTION handles information related to privacy.
If you have any questions about this Privacy Policy or wish to access your information, please feel free to contact us at info@rsjcollection.com.
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
Information you provide – When you purchase a product from the Site or sign up for a service operated by RSJ COLLECTION, you may be required to provide personal information (including, but not limited to, name, address, telephone or age, and payment information like credit or debit card number) and other information which can be used to ascertain your identity. RSJ COLLECTION may combine the information you submit under your account with information from your activity on the Site for the purpose of providing you with a better experience and to improve the quality of RSJ COLLECTION Features, products and services. RSJ COLLECTION may also use information for marketing, advertising, or provide this information to third parties to use. For certain services, RSJ COLLECTION may give you the opportunity to opt out of combining such information. You can use your user account to learn more about the information associated with your Account and make changes to your information.
Cookies – When you visit the Site, RSJ COLLECTION may send one or more cookies to your computer or device. Cookies are small files stored on your computer that hold a modest amount of data specific to a particular user and website. There are no harmful, technical consequences or risks from cookies. The methods for rejecting, deleting or accepting cookies vary by which web browser you use. You will need to follow your web browser's instructions for rejecting, deleting or accepting cookies. Typically, this is found within the Tools, Settings, or Preferences Menu of your web browser. Examples of common web browsers are Firefox, Safari, Microsoft Internet Explorer, Chrome. RSJ COLLECTION uses cookies to improve the quality of RSJ COLLECTION products and services, including for storing your preferences, improving search results, improving features and tracking your trends so that we can better service you.
Log information – When you access the Site RSJ COLLECTION’ servers may record certain information. These server logs may include information such as your web request, your interaction with a product, IP address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account.
Communications – When you send an email or other communications to RSJ COLLECTION, we may retain those communications in order to process your inquiries, respond to your requests and improve RSJ COLLECTION’ products or services. RSJ COLLECTION may use your email address to communicate with you about RSJ COLLECTION products or services.
Third Party Applications
RSJ COLLECTION may make available third party applications through the Site, such as gadgets, extensions or payment gateways. The information collected by RSJ COLLECTION is processed under this Privacy Policy when you enable a third party application. Information collected by the third party application provider is governed by their own privacy policies and we recommend that you read and understand their respective privacy policies. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Other sites – This Privacy Policy applies to the Site only. RSJ COLLECTION does not exercise control over the sites displayed as search results, sites that include RSJ COLLECTION applications, products or services, or links from within RSJ COLLECTION various Features. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
Email Marketing – With your permission, we may send you emails about our store, new products and other updates.
Google Analytics – Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
In addition to the above, RSJ COLLECTION may use the information RSJ COLLECTION collects to:
Provide, maintain, protect, and improve the Features,RSJ COLLECTION’ services (including advertising services) and develop new products and services; and
Protect the rights or property of RSJ COLLECTION or its users.
If RSJ COLLECTION uses this information in a manner different than the purpose for which it was collected, then RSJ COLLECTION will ask for your consent prior to such use.
It is unlikely that RSJ COLLECTION will disclose your personal information to other overseas recipients.
SECTION 2 – CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
Your Choice to Opt Out
If you would like to opt-out from having RSJ COLLECTION collect your information in connection with our products or services, please let us know by contacting us at info@rsjcollection.com.
Please note that if you delete, block or otherwise restrict cookies, or if you use a different computer or Internet browser, you may need to renew your opt-out choice.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our features and services may not function properly if your cookies are disabled.
SECTION 3 – THIRD-PARTY SERVICES, INFORMATION SHARING & ONWARD TRANSFER
RSJ COLLECTION only shares personal information (including, but not limited to, name, address, telephone or age, other information which can be used to ascertain your identity, server log related information [if applicable], IP address [if applicable] and payment information like credit or debit card number) with other companies or individuals in the following limited circumstances:
When RSJ COLLECTION has your consent. We will usually require opt-in consent for the sharing of any sensitive personal information.
When RSJ COLLECTION provides such information to its subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on RSJ COLLECTION’ behalf such as payment gateways and other payment transaction processors. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
When RSJ COLLECTION has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to:
satisfy any applicable law, regulation, legal process or enforceable governmental request;
enforce our Terms of Service, including investigation of potential violations of those Terms;
detect, prevent, or otherwise address fraud, security or technical issues; or
protect against harm to the rights, property or safety of RSJ COLLECTION, its customers or the public as required or permitted by law.
If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, we will use our best endeavors to:
ensure the confidentiality of any personal information involved in such transactions; and
provide notice before your personal information is transferred and becomes subject to a different privacy policy.
Your Choice to Opt Out
If you would like to opt-out from having RSJ COLLECTION share your information, please let us know by contacting us at info@rsjcollection.com.
SECTION 4 – SECURITY
RSJ COLLECTION takes reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
RSJ COLLECTION restricts access to personal information to its employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and legal action criminal prosecution, if they fail to meet these obligations.
SECTION 5 – COMPLAINTS
When RSJ COLLECTION receives formal written complaints, it is our policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between RSJ COLLECTION and an individual.
SECTION 6 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 7 – CHANGES TO THIS PRIVACY POLICY
Please note that this Privacy Policy may change from time to time. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes).
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at support@rsjcollection.com.
Additional Considerations
1. NJ's TCCWNA compliance, there have been no new developments that warrant further revisions. However, we note Judge Simandle, the Chief Judge of the NJ Fed Dist Ct, ruled in the Hite v. Lush website case on March 22, 2107 that Terms of Use ("TOU") having a binding arbitration clause was not enforceable because there was no contract formation in the first instance. He held that the TOUs with the arbitration provision were buried inconspicuously at the bottom of the website via a hyperlink. In Hite, the judge dismissed the complaint for failure to state a claim because by admitting that the plaintiff did not read the TOUs, she could not have been injured by them, even though they allegedly violated the TCCWNA. Bottom line: No further changes are warranted under NJ's TCCWNA.
2. Compliance with EU regulations: If the website services EU residents, there are additional compliance considerations.
• Plain language and Consent. Request for consent must be given in intelligible and easily accessible form. Consent must be clear and distinguishable from other matters. Consent must be just as easy to withdraw as to give it.
• Confirm privacy by design. If data minimization or limited access to personal data are not utilized by the company, advise company immediately to do so or to stop serving EU citizens. 'The controller shall…implement appropriate technical and organisational measures...in an effective way... in order to meet the requirements of this Regulation and protect the rights of data subjects'. Article 23 calls for controllers to hold and process only the data absolutely necessary for the completion of its duties (data minimisation), as well as limiting the access to personal data to those needing to process a transaction.
• Include clause for EU citizens: You, if you are an EU citizen, have the right to obtain from the data controller confirmation as to whether or not personal data concerning you is being processed, where and for what purpose. Further, you have the right to obtain from a data controller a copy of your personal data, free of charge, in an electronic format. You, if you are an EU citizen, have the right to receive the personal data concerning you, which you have previously provided in a 'commonly use and machine readable format' and have the right to transmit that data to another controller.
• Include clause for EU citizens: You have the right to have the data controller erase your personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. The conditions for erasure are that the data is no longer relevant to original purposes for processing, you withdraw consent. This right requires data controllers to compare your rights to "the public interest in the availability of the data" when considering such requests.
3. Consider implementing a check box to consent: "I agree to the terms and conditions and privacy policy", with hyperlinks to both on the company's home page to affirmatively manifest agreement to Terms of Use and Privacy Policy. Best practice is to have an opt-in button for a user to click manifesting affirmative consent to be bound by the terms. If no "click box" is required to use website, then having a conspicuous notice (not at the bottom of the webpage) at the home page indicating to the user that "by continuing past this page and/or using this site, you agree to abide by the Terms of Use and Privacy Policy for this site. Do not use this site if you do not agree to the Terms of Use or Privacy Policy" is best. We understand the company may not wish to implement our above recommendations for business reasons. If so, we bring to your attention that the company risks a court finding there is no binding agreement based on the terms of use or privacy policy with a website user.
Authority: Where there is no affirmative consent, the enforceability of whether terms of use constitutes a valid contract turns on whether the user had actual knowledge of the terms of the contract. If there is no evidence of actual knowledge of the terms of use by the user, then the validity of the terms of use as a contract "turns on whether the website puts a reasonably prudent user on inquiry notice of the terms of the contract." Nguyen v. Barnes & Noble, Inc. (9th Cir. 2014) 763 F.3d 1171, 1176: "Because no affirmative action is required by the website user to agree to the terms of a contract other than his or her use of the website, the determination of the validity of the browsewrap contract depends on whether the user has actual or constructive knowledge of a website's terms and conditions." Hines v. Overstock.com, Inc (E.D. N.Y. 2009) 668 F.Supp. 2d 363, 367: "In ruling upon the validity of a browsewrap agreement, courts consider primarily 'whether a website user has actual or constructive knowledge of a site's terms and conditions prior to using the site.'" The court in Hines cited Specht v. Netscape Comm. Corp. (2d Cir. 2002 ) 306 F.3d 17, 20, finding no binding agreement where a webpage "did not carry an immediately visible notice of the existence of license terms or require unambiguous assent to those terms". The plaintiff had no actual or constructive notice of the terms of use on Overstock's webpage because users were not advised of the terms of conditions and the plaintiff could not even see the terms of use without scrolling down to the bottom of the webpage which was not required for her to effect her purchase. The court observed that even a notice that "Entering this site will constitute your acceptance of these terms and conditions" was not sufficient to render the terms of use a valid contract because the notice was only available within the terms and conditions. There was no prompting by the website to review the terms and conditions. Cairo v. Crossmedia Servs. (N.D. Cal. 2005) 2005 US Dist.Lexus 8450: found webpage that stated "By continuing past this page and/or using this site, you agree to abide by the Terms of Use for this site, which prohibit commercial use of any information on this site". Terms of Use" appeared in an underlined and highlighted format which signaled that users could view the terms by clicking on the hyperlink. Once a user clicked on the link, a user sees the full Terms of Use which included an introductory provision which stated "These terms of use constitute a binding legal agreement (the "Agreement") between the user and CrossMedia Services, Inc. ("CrossMedia"), the owner and operator of the Website. If you do not accept the terms stated here, do not use the Website." In this case, the plaintiff admitted to actual knowledge of the terms of use, and the court observed that repeated and automated use of the defendant's web pages could form the basis to impute knowledge of the terms to plaintiff. The court did not address the question of whether a user would have had constructive knowledge of the terms merely by using the website that had the hyperlink posted to the terms of use which contained the above prefatory clause. Fteja .v. Facebook Inc. (S.D.N.Y. 2012) 841 F.Supp.2d 829, 837-839: "In other words, a browsewrap agreement usually involves a disclaimer that by visiting the website—something that the user has already done—the user agrees to the Terms of Use not listed on the site itself but available only by clicking a hyperlink. Here, by contrast, the second Sign-Up page indicated that additional action beyond merely visiting that page, namely, clicking "Sign-Up," would manifest agreement to the Terms of Use. … While the Terms of Use require the user to click on "Sign Up" to assent, they do not contain any mechanism that forces the user to actually examine the terms before assenting. By contrast, in assenting to a clickwrap agreement, "users typically click an 'I agree' box after being presented with a list of terms and conditions of use. . ." []. That aspect of a clickwrap agreement ensures that "potential licensees are presented with the proposed license terms and forced to expressly and unambiguously manifest either assent or rejection prior to being given access to the product." [].Courts have not overlooked this feature. For example, the Second Circuit in Specht found a "signal difference" between the software for which the defendant supplied only hyperlinked terms and other software for which users "were automatically shown a scrollable text of that program's license agreement and were not permitted to complete the installation until they had clicked on a 'Yes' button to indicate that they accepted all the license terms." []. In addition, another court has interpreted the clickwrap case law for the proposition that, "[a]s a rule, a clickwrap is valid where the terms of the agreement appear on the same screen with the button the user must click to accept the terms and proceed with the installation of the product… But it is not too much to expect that an internet user whose social networking was so prolific that losing Facebook access allegedly caused him mental anguish would understand that the hyperlinked phrase "Terms of Use" is really a sign that says "Click Here for Terms of Use." So understood, at least for those to whom the internet is in an indispensable part of daily life, clicking the hyperlinked phrase is the twenty-first century equivalent of turning over the cruise ticket. In both cases, the consumer is prompted to examine terms of sale that are located somewhere else. Whether or not the consumer bothers to look is irrelevant. "Failure to read a contract before agreeing to its terms does not relieve a party of its obligations under the contract. In re Broadcast.com, Inc. Privacy Litigation, 2000 U.S. Dist. LEXIS 22899 *, 2000 WL 35586773 (E.D. Tex. Aug. 30, 2000): "From the scant authority that exists, it appears that courts enforce agreements if there is a showing of some affirmative manifestation to a Website's terms of service. At the other end of the scale, it appears that mere usage of a site, without more, is not enough if the terms of service are not otherwise reasonably communicated to the user. Whether mere usage combined with actual knowledge of a Website's terms and conditions could, under appropriate circumstances, constitute acceptance of the terms of service is an open question-but it is a question for a different day as the record is clear that neither Schiller nor Stanley had actual knowledge of the terms of service."