Flake E. Designs Inc. (“Flake E. Designs”) operates, www.flakeedesigns.com,
(“Web Site”) pursuant to an agreement with Flake E. Designs Inc. (“Designer”). Flake E. Designs, Inc. ("we" or "us”) recognize that you care how
information about you is used and shared. We have created this privacy policy
(“Privacy Policy”) to inform you of our information collection, use and sharing
practices for this Web Site. This Privacy Policy only covers information
collected at this Web Site, and does not cover any information collected
offline by Flake E. Designs or Designer (unless specifically stated).
Security
Personal information provided on the Web Site and online credit card
transactions are transmitted through a secure server using Secure Socket
Layering (SSL), encryption technology. When the letters "http" in the
URL change to "https," the "s" indicates you are in a
secure area employing SSL; also, your browser may give you a pop-up message that
you're about to enter a secure area.
You may purchase online merchandise by calling 503-757-5238 or 503-939-0279 –
24 hours a day, seven days a week. One of our customer service associates will
gladly take your order.
We are committed to handling your personal information with high standards of
information security. We take appropriate physical, electronic and
administrative steps to maintain the security and accuracy of personally
identifiable information we collect, including limiting the number of people
who have physical access to our database servers, as well as employing
electronic security systems and password protections that guard against
unauthorized access. Our website uses encryption technology, such as Secure
Sockets Layer (SSL), to protect your personal information during data
transport. SSL encrypts ordering information such as your name, address and
credit card number. Our customer service center and stores also operate over a
private, secure network. Please note that e-mail is not encrypted and is not
considered to be a secure means of transmitting credit card information.
Privacy policy
To help us achieve our goal of providing the highest
quality products and services, we use information from our interactions with
you and other customers, as well as from other parties. Because we respect your
privacy, we have implemented procedures to ensure that your personal
information is handled in a safe, secure, and responsible manner.
We have posted this Privacy Policy in order to explain our information
collection practices and the choices you have about the way information is
collected and used.
As we continue to develop our Web Site and take advantage of advances in
technology to improve the services we offer, this Privacy Policy likely will
change. We therefore encourage you to refer to this policy on an ongoing basis
so that you understand our current Privacy Policy
This Privacy Policy was last updated on April 29th, 2008.
The information we collect
Generally, you may browse the Web Site without providing any personally
identifiable information. However, we may ask you to provide personally
identifiable information at various times and places on this Web Site. In some
cases, if you choose not to provide us with the requested information, you may
not be able to access all of this Web Site or participate in all of its
features.
We receive and store any personally identifiable information you enter on the
Web Site, whenever you shop with us -- online, through our catalogs, or in our
stores, or information you give us in any other way. For example, we may
collect the following personally identifiable information: your name, address,
telephone number, driver's license number, birth date, and e-mail address. If
you use a credit or debit card or pay by check, we will also include your
account number.
When you register with us as an online customer, we may ask for additional
information, such as your favorite designers.
If you use one of our services, or participate in one of our promotions or
sweepstakes, we may ask for additional information, such as your age, interests
or product preferences.
From your purchases and other interactions with us, we obtain information
concerning the specific products or services you purchase or use.
When you visit this Web Site, our web server automatically collect anonymous
information such as log data and IP addresses. We may use the automatically
collected information for a number of purposes, such as improving our site
design, product assortments, customer service, and special promotions.
How we use the information we collect
We use the information we collect for various
purposes, including:
to complete your
purchase transactions
to provide the
services you request
to send you our
catalogs and other offerings by mail
to keep you informed
about the status of your orders
to identify your
product and service preferences, so we can notify you of new or additional
products, services, and promotions that might be of interest to you
to notify you of
product recalls or provide other information concerning products you have
purchased
to improve our
merchandise selections, customer service, and overall shopping experience
Others with whom we share your information
Affiliates of Flake E. Designs, Inc.: All of the above information that we
collect, as described above, may be shared among all Flake E. Designs entities and
Designer’s affiliates, if any.
Service providers: We also may disclose information to outside companies that
help us bring you the products and services we offer. For example, we may work
with an outside company to: (a) manage a database of customer information; (b)
assist us in distributing e-mails; (c) assist us with direct marketing and data
collection; (d) provide us storage and analysis; (d) provide fraud prevention;
and (e) other services designed to assist us in maximizing our business
potential. We require that these outside companies agree to keep confidential
all information we share with them and to use the information only to perform
their obligations in the agreements.
Other companies: We may provide information to carefully selected outside
companies when we believe their products or services may be of interest to you.
Business Transitions: We may transfer or share a copy of personal information
about you in the event that Flake E. Designs or Designer or one of its
properties, affiliates or subsidiaries, goes through a business transition,
such as a merger, being acquired by another company, or selling a portion of
its assets. You will be notified via e-mail or prominent notice on our Web Site
prior to a change of ownership or control of your personal information, if your
personal information will be used contrary to this policy. However, nothing in
this Privacy Policy is intended to interfere with the ability of Flake E. Designs to transfer all or part of its business and/or assets to an affiliate
or independent third party at any time, for any purpose, without any limitation
whatsoever. Flake E. Designs specifically reserves the right to transfer or
share a copy of personally identifiable information collected from this Web
Site to the buyer of that portion of its business relating to that information.
Compliance with Law: We may provide access to information when legally required
to do so, to cooperate with police investigations or other legal proceedings,
to protect against misuse or unauthorized use of our Web Site, to limit our
legal liability and protect our rights or to protect the rights, property or
safety of visitors of this Web Site or the public.
Your choices regarding use of the information we collect
We provide you with a number of choices regarding our
handling of your nonpublic personally identifiable information.
Direct Mail or Telephone Marketing: If you wish to be removed from the list of
customers that receive direct mail or telemarketing calls, please either:
Send an email to: Flake E. Designs Customer Relations at Customerservice@flakeedesigns.com If you choose to write to us,
please include your name, address and credit card account number (if you
have one), and state one of the following:
"NO MAIL
OFFERS" (if you don't want to receive offers by mail);
"NO PHONE
OFFERS" (if you don't want to receive offers by phone); or
"NO PHONE OR
MAIL OFFERS" (if you don't want to receive either).
Because customer lists often are prepared well in advance of
an offering (sometimes few months before the offer is made), you may continue
to receive some offers after you send us a request not to use your information
for specified marketing purposes. We appreciate your patience and understanding
in giving us time to carry out your request.
Please note that we do not offer an opt out from
sharing nonpublic personally identifiable information about you among Flake E. Designs and Designer entities.
Your California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are
entitled to ask us for a notice describing what categories of personal customer
information we share with third parties or corporate affiliates for those third
parties or corporate affiliates' direct marketing purposes. That notice will
identify the categories of information shared and will include a list of the
third parties and affiliates with which it was shared, along with their names
and addresses. If you are a California resident and would like a copy of this
notice, please submit a written email request to the following e-address: Flake E. Designs Customer Relations at customerservice@flakeedesigns.com. Please allow
30 days for a response.
Cookies and how we use them
Cookies: A "cookie" is a small data file stored by your Web browser
on your computer's hard drive. It allows us to recognize your computer (but not
specifically who is using it) upon entering our site by associating the identification
numbers in the cookie with other customer information you have provided us.
That customer information is stored on our secured database.
We use cookies to keep track of what you have in your shopping cart and to
remember you when you return to the Web Site as well as to identify the pages
you click on during your visit to our site and the name of the Web Site you
visited immediately before clicking to the Web Site. We use this information to
improve our site design, product assortments, customer service, and special
promotions. You can, of course, disable cookies on your computer by indicating
this in the preferences or options menus in your browser. However, it is
possible that some parts of our Web Site will not operate correctly if you
disable cookies.
We may contract with third parties who may use cookies and collect information
on our behalf or provide services such as credit card processing, shipping,
promotional services or data management. We call them our Customer Care
Partners. These third parties are prohibited by our contract with them from
sharing that information with anyone other than us or our other Customer Care
Partners. However, we respect your right to choose whether to be included in
such services. If you would like to opt out of these services, please write to .
Children's privacy
Protecting children's privacy is important to us. Our Web Site is a general
audience site. We do not collect or maintain information from those we actually
know are under 13, and no part of our Web Site is targeted to attract anyone
under 13. We also do not send e-mail correspondence to anyone who tells us that
they are under the age of 13 without their parent's consent. Our online
sweepstakes are restricted to entrants who are at least 18 years old.
Children under the age of 13 should always ask their parents or guardians for
permission before providing any personal information to anyone online. We urge
parents and guardians to participate in their children's online activities and
use parental control or other web filtering technology to supervise children's
access to the web.
Links to
other sites
While visiting the Web Site, you may link to sites operated
by our business partners or other third parties. This does not mean that we
endorse these sites. We do not make any representations or warranties about any
Web Site you may access through this Web site. They are independent from us,
and we have no control over, or responsibility for, their information or
activities.
In addition, our privacy practices may differ from those of these other sites.
If you provide personal information at one of those sites, you are subject to
the privacy policy of the operator of that site, not the Web Site Privacy
Policy. Make sure you understand any site's privacy policies before providing
personal information.
Online
account registration
To make online shopping faster and easier, you may
register with the Web Site. As a registered customer, you only have to enter
your shipping addresses and billing information once; they will be securely
stored with us for your future use. Using your name and a password of your
choice, you may access your account online at any time to add, delete, or
change information.
If you are using a public computer, we strongly encourage you to LOG OUT at the
conclusion of your session. Your information will still be stored with us but
it will not be accessible to anyone else from that computer.
E-mails
You will receive promotional e-mails from us only if you have asked to receive
them. If you do not want to receive e-mail from Flake E. Designs or its
affiliates you can click on the unsubscribe link and hit send at the bottom of
any e-mail communication sent by us. Please allow us 3 business days from when
the request was received to complete the removal, as some of our promotions may
already have been in process before you submitted your request.
Acceptance
By using this Web Site, you accept the policies set forth in this Privacy
Policy.
Any
questions?
We'll be happy to provide additional information or answer any questions.
Please:
Call 503-757-5238 or
503-939-0279
Email:
Warranty information
Some items on our Web Site have a manufacturer's warranty; this is noted
in the product description. To obtain a written warranty for any of these
items, send a specific written request to:
Flake E. Designs
c/o Warranty
Information
8139 SW 134th Drive
Portland, OR 97236
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:
Subject to the terms
and conditions in this legal notice, which may change at any time without
notice.
Subject to all
applicable laws.
Undertaken at your
own risk.
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 Flake E. Designs or
our suppliers and are protected by United States and international copyright
laws:
All text, graphics,
logos, button icons, images, audio clips, digital downloads, and data
compilations -- both individually and as they are compiled on the site.
All software.
Trademarks
The trademarks or trade dress of Flake E. Designs, the Designer and each of our
affiliates may not be used without our written permission. Trademarks or trade
dress include the Flake E. Designs names and logos, and other graphics, logos,
page headers, button icons, scripts, and service names of Flake E. Designs and
Designer's products, services, and programs, and those of our affiliates.
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 the laws of the state of Oregon,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and us or any
of our affiliates.
Disputes
Any dispute relating in any way to your visit to our Web Site or to products
purchased here shall be submitted to confidential arbitration in Portland,
Oregon. 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 Oregon. 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.
Protecting
your information
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.
