LOU & MARKS

LOU AND MARKS LLC PRIVACY POLICY 

Last Updated: March 13, 2019


Lou and Marks LLC (“Lou and Marks”, “Us” or “We”) respects the privacy of the visitors to the LouandMarks.com (desktop and mobile) sites as well as other affiliated sites and mobile applications linking to this Privacy Policy (collectively, the “Site”). This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use and disclosure of Personal Information, Automatically Gathered Information and Anonymous Information (each defined below) you submit to us or which we gather when you visit our Site. By visiting our Site, purchasing our Presets, or accepting our Terms of Use, you accept the terms of this Privacy Policy. This Privacy Policy applies to all users of the Site.


CONSENT

By using the Site, you agree to the terms of this Privacy Policy, and you expressly consent to the processing of your Personal Information according to this Privacy Policy by us or by third parties with whom we have a relationship. In addition, in the event you contact Lou and Marks via email, you understand, acknowledge and agree that such conversations may be recorded and stored.


NOTIFICATION OF CHANGES 

We may update this Privacy Policy from time to time as our product offerings and Site change and expand. If we make material changes to this Privacy Policy, we may email announcements, introduce pop-up notifications, or otherwise notify you through other means. Unless otherwise provided, the revised terms will take effect when they are posted. Once any changes that we make to this Privacy Policy become effective, your continued use of the Site after such time will signify your acceptance of the new terms.


INFORMATION WE GATHER

Payment information

When you purchase our Presets, you will be asked for financial details such as credit and debit card information. The processing of these payments is carried out by our payment processor, Stripe. We do not store any credit or debit card information on our servers. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. (This is the most stringent level of certification available in the payment industry). The security assurances and Privacy Policy of Stripe are available on the Stripe website.

User-Submitted Information
Lou and Marks reserves the right to retain any and all information submitted by Users through use of the Site, including but not limited to your name, address, email address, and information you provide in correspondence with us by email or otherwise. We may supplement Personal Information you provide us with additional information purchased from third parties for marketing purposes.

Automatically Gathered Information
Lou and Marks automatically collects information including but not limited to, browser type, browser software version, browser characteristics, IP address, location information, type of computer or mobile device, mobile carrier, unique device identifier, requesting and referring URLs and other information that may personally identify you (“Automatically Gathered Information”). We reserve the right to collect and manage this information at our discretion. We may use cookies, web beacons, and other tracking technologies (“Tracking Technologies”) to conduct research and analytics, to maintain records of your activities on our Site, to manage use of our Site and Site services (including third party services), to deliver advertisements to you or otherwise customize and improve your user experience, and as deemed necessary for additional Site management purposes. Additionally, we can and will use IP addresses to identify you when we, in our sole discretion, determine that it is necessary to enforce compliance with our Terms of Use, Privacy Policy, or to protect our Presets, Site, customers, vendors, or others. We may combine your Automatically Gathered Information with your Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

Site Activity 
We may collect and store information about your use of the Site, such as the pages or screens that you view, and the activities that you conduct on or using the Site, including which Presets you view, those Presets you add to your cart, any downloads you may engage in, and how you conduct those activities (collectively, “Site Activity”). Site Activity may include actions that we are able to collect or infer using Automatically Gathered Information.


HOW WE USE AND DISCLOSE INFORMATION

Site Transactions and Administration
We may use your information (including Personal Information and Automatically Gathered Information) for our own internal purposes, including but not limited to contacting you to inform you about updates to our Services. We also reserve the right to disclose your information as described in the paragraphs below.

Opt-in, Contact Me, or Offer Requests or Consents
When you opt-in or otherwise express your preference to receive special offers, solicitations or other communications, information, including Personal Information, that you provide to us at that time or that you provided to us earlier may be stored by us and transmitted to advertisers in order to facilitate their communication with you. If you consent to giving your information to a third party overrides any privacy settings in effect with respect to such information and the third party's use of the information is subject to the third party's privacy policy and Lou and Marks has no responsibility for the third party’s use of that information.

Advertising
We may send you email communications including information that we think may be of interest to you. You may opt out of receiving these email communications at any time. We may use third-party advertising companies to serve ads when you visit the site. These companies may use information about your visits to this and other websites including Automatically Gathered Information in order to provide advertisements about services that may be of interest to you (“Online Behavioral Advertising”). These companies may use cookies or other Tracking Technologies to conduct the Online Behavioral Advertising and their use of your information or information about you is subject to their privacy policies, as applicable. You may be able to opt out of some of these practices by visiting sites such as Digital Advertising Alliance and Network Advertising Initiative and expressing a preference to opt out. Please note that the choices you make are specific to the browser on a particular device and that if you use a different browser, you will need to opt-out again. Lou and Marks does not respond to browser-based Do Not Track signals. Although we do not currently use Google Analytics, we may do so at anytime without providing notice to you. Google Analytics uses cookies and other, similar technologies to collect information about use of the Site anonymously and report trends, without identifying individual users. To opt out of the use of Google Analytics, visit https://tools.google.com/dlpage/gaoptout .

Co-Branded or Partnered Services
Lou and Marks may enter into co-branding or partnering relationships with third-party Web sites and companies to provide products and Services to our users or to such third parties' users. Lou and Marks may share your Personal Information with certain third-party service or product providers as required to provide a specific product or service that you request from a co-branded page or co-branded site. Subject to any terms of the co-branded or partner offering, Personal Information you provide on the co-branded Site may also be stored and used by the co-brand partner according to its privacy policy. Please take the time to review these third-party privacy policies. Lou and Marks is not liable for any use of your Personal Information by a co-brand partner.

Legal Requests
Lou and Marks may disclose information about you if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or legitimate legal process or law enforcement instructions, investigations and orders, including subpoenas or warrants served on us; or (b) protect or defend the rights, property, privacy or safety of Lou and Marks, our affiliates, you or others.

Affiliates
Lou and Marks has or may have subsidiaries, joint ventures or other companies under a common control (collectively, “Affiliates”). We may share some or all of your Personal Information with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.

Acquisition
If our company or all or any portion of our assets related to the Site are acquired by another company (including in any bankruptcy or similar proceedings), that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy. This Privacy Policy inures to the benefit of successors and assigns of Lou and Marks.


Anonymous Information 
We may create Anonymous Information records from Personal Information by excluding information (such as names) that makes the information personally identifiable to you. We may use this Anonymous Information for any purpose including to analyze inquiry, request and usage patterns so that we may enhance the Site. We reserve the right to use and disclose Anonymous Information to third parties in our discretion. “Anonymous Information” means information that is not associated with or linked to your Personal Information.

Comments Submitted by Users
Lou and Marks constantly seeks to improve the quality of the Presets we provide and the user experience on the Site. We value your input and encourage you to help us expand and make improvements to the Site by providing us with any thoughts or comments you might have regarding our Presets or the operation of the Site (“Suggestions”). All ideas, suggestions comments and proposals you send to Lou and Marks (collectively, “Submissions”) are non-confidential and shall become the sole property of Lou and Marks. Lou and Marks shall own all rights therein, including all intellectual property rights. Lou and Marks shall be entitled to use and disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to you.


SECURITY

We use various safeguards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.


THIS SITE CONTAINS LINKS TO OTHER SITES

Lou and Marks is not responsible for the privacy practices or the content of any other Web sites to which the Site links or which link to the Site. When you click on a link you may be taken to a location on the Internet that is not part of the Lou and Marks Site. To check what Internet location you are on, note the URL at the top and/or bottom of your browser. We encourage you to read the posted privacy statement of that Web site whenever interacting with any Web Site.


REGARDING CHILDREN

The Site is intended for general audiences and is not directed to children under 18. We do not knowingly collect personal information from children under 18. If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 18 has provided us with personal information without parental consent, we take steps to remove such information.


CONTACTING US

If you have any questions about this Privacy Policy or the practices of this Site, you may contact Customer Service via our Site at http://www.louandmarks.com/contact