Ownership of Content, Trademarks and Intellectual Property
’47 owns, controls, or licenses all right, title and interest in and to the Website and all content featured or displayed on the Website. The following elements of this website are the property of ‘47: All text, graphics, logos, button icons, images, photographs, illustrations, visuals, copy, data, audio clips, video, software, software code, digital downloads and data compilations (both individually and as they are compiled on the site) and the look and feel, design and organization of the Website (collectively the “Content”). The compilation of the Content shall be the property of ’47 and any copyrights, trademark rights, trade dress rights, patent rights, database rights, and other intellectual property or proprietary rights therein. The Website, its Content and all related rights shall remain the sole and exclusive property of ’47 or its licensors or affiliates.
The trademarks or trade dress of ’47 and our affiliates may not be used without our express written permission. Trademarks or trade dress include the 47 BRAND, LLC name and logo, and other graphics, logos, page headers, button icons, scripts, service names of 47 BRAND, LLC products, services, and products, and those of our affiliates. All other trademarks that appear on this site are the property of their respective owners, who may or not be affiliated with, connected to, or sponsored by us or our affiliates. Your unauthorized use or misuse of the trademarks displayed on the Website is strictly prohibited. Any commercial distribution, publishing or exploitation of any Content or any portion or element of the Website is strictly prohibited unless you have received the express written permission of ’47. ’47 will enforce our intellectual property rights to the fullest extent of the law.
Your use of the Website does not grant you any ownership of, or a license to, any Content, compilation or intellectual property you may access on the Website. You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with www.47brand.com. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to this website, are strictly prohibited. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, retransmit via any means or reuse, license, create derivative works from, transfer or sell any Content or any portion or element of the Website. You may not remove any copyright, trademark or other proprietary notices from any Content or any portion or element of the Site.
Use of the Website
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing ’47 to disclose the identity or other information of users and/or devices using or accessing the Website. YOU WAIVE AND HOLD HARMLESS ’47 AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You acknowledge and agree that we do not control the User Content posted to the Website, or any links to other sites, including the content of any messages or posts, and that We do not guarantee the accuracy, integrity or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibilities of those who post such User Content and does not necessarily represent our views. ’47 is not obligated to review or remove User Content and you understand that, by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable.
From time to time, the Website may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by ’47. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by ’47. If you use these links, you will leave the Website. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available, error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements. IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE WEBSITE YOU DO SO ENTIRELY AT YOUR OWN RISK.
You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) use payment information (i.e. credit card, debit card) or personal information (including without limitation name, address, telephone number) of any other person; (c) upload, post, transmit, reproduce, distribute or otherwise publish or in any way exploit any Content, information, or other material obtained through the Website for commercial purposes (other than as expressly permitted in writing by ’47); (d) transmit or post any material which is or may be infringing, harassing, threatening, false, fraudulent, misleading, inflammatory, libelous, obscene, lewd, lascivious, excessively violent, pornographic, abusive, defamatory, vulgar, offensive, profane, sexually explicit or indecent, or illegal; (e) attempt to gain unauthorized access to other computer systems through the Website; (f) restrict or inhibit any other user from using and enjoying the Website or the Website’s services; (g) engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (h) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (i) upload post, transmit, reproduce, distribute or otherwise publish advertising material, pyramid schemes of any kind, or information which would constitute or contains false or misleading indications of origin, endorsement or statements of fact.
YOU AGREE THAT USE OF THE WEBSITE (AND ANY ELEMENT THEREOF) IS ENTIRELY AT YOUR OWN RISK. ’47 DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES. THE WEBSITE, INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY OR ACCURACY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay of operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL ‘47 OR ANY OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR SUPPLIERS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY OUT OF USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ‘47’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Disputes, Choice of Law and Jurisdiction
3. DATA PROTECTION LAWS
3.1 We have to comply with the EU General Data Protection Regulation (EU) 2016/679 when processing personal information about you.
4.1 We are committed to protecting your personal information and respecting your privacy.
4.2 This policy explains about the personal information that we collect from you, use and otherwise process in connection with your relationship with ‘47 Brand as a customer or potential customer. In particular, we explain the kinds of personal information that we collect from you, how we collect it, what we use it for and who we may share your personal information with. By “personal information” we mean information about you from which you are, or could be, identified and includes information such as your name, location data and an online identifier.
5. CATEGORIES OF INFORMATION WE COLLECT
5.1 We collect personal information from you such as your name, contact details, purchase history, information about how you use our services and about how you use our website at www.47brand.com (Website) and call centres. This may include information that you provide to us directly or through companies or agents we work with, as well as information which we collect from and about you when you use our services.
6. HOW WE COLLECT YOUR INFORMATION
6.1 We collect personal information about you whenever you use our services or buy our products (whether such services or products are provided directly by us or by other companies or agents acting on our behalf), or when you use our Website or contact our call centres.
7. WHY WE COLLECT YOUR INFORMATION
7.1 We use your personal information to conduct our business and to provide you with the best possible services.
7.2 We also use your personal information to:
7.2.1 communicate with you about other services you have asked us to provide;
7.2.2 provide you with marketing and offers from us;
7.2.3 consider you for employment per your request and application;
7.2.4 improve our services; and
7.2.5 comply with our security and legal obligations.
8. WHO ELSE MAY HAVE ACCESS TO YOUR INFORMATION
8.1 To best serve you, we may share your personal information with service providers that provide support services to us or that help us market our products and services. Service providers are third parties which perform services on our behalf. They are contractually restricted from using your personal information in any manner other than in helping us to provide you with the products and services available from ’47 Brand.
8.2 We may also disclose your personal information to a third party when you ask us to do so or when we believe it is required by law.
9. COUNTRIES HAVING ACCESS TO YOUR INFORMATION
9.1 For data storage reasons we are unable to store all of your personal information in the United Kingdom. Our servers, storing and keeping your information secure, are located in countries which have an adequate level of protection or with companies with which we have signed agreements incorporating the Model Contract Clauses.
10. YOUR CONSENT
11. COLLECTING YOUR PERSONAL INFORMATION LEGALLY
11.1 We are able to legally collect and use your personal information either because:
11.1.1 you have provided us with your consent to do so as explained above;
11.1.2 we are required to do so in order to comply with an EU legal obligation or to enforce our rights and defend claims; and/or
11.1.3 collecting and using your personal information is necessary for us to:
(a) process any purchases made by you via our Website; or
(b) carry out our legitimate business interests in order to carry out any requests or orders made by you via our Website.
12. RETENTION OF YOUR PERSONAL INFORMATION
12.1 We will only retain your personal information for as long as it is necessary to process your purchases, keep you up to date with ‘47 Brand promotions unless you have asked us not to do so and/or to provide you with the best customer experience possible. Processing is therefore necessary for the purposes of our legitimate interests, or where we are required to do so by law.
13. YOUR RIGHTS
13.1 You have the right to:
13.1.2 obtain confirmation from us that your personal information is being collected and used by us and to access the personal information held about you by us;
13.1.3 have your personal information corrected if it is inaccurate or incomplete at any time;
13.1.4 erasure, or the right to be forgotten, which means that you can request the deletion or removal of any personal information we hold about you at any time;
13.1.5 block or suppress us collecting and using your personal information, which means we can continue to store your personal information but we cannot further collect or use it in any way;
13.1.6 obtain and reuse any personal information we hold about you for your own purposes across different services, which allows you to move, copy or transfer your personal information easily from ‘47 Brand to another place notified by you to us in a safe and secure way without hindrance to the usability of your personal information; and
13.1.7 object to us collecting or using your personal information where this is based on:
(a) a legitimate interest or the performance of a task in the public interest; or
(b) direct marketing.
13.2 To make any requests as listed above, please contact us at DPO@47brand.com.
13.3 We will confirm any requests relating to your rights above within one month of receipt of your request, or within two months of receipt of your request where this request is more complex.
14. WITHDRAWAL OF YOUR CONSENT
14.1 You can tell us to stop collecting and using your personal information at any time by emailing us at DPO@47brand.com.
14.2 If you tell us to stop collecting and using your personal information, the consequences of doing so are that:
14.2.1 you will be unable to make a purchase through our Website;
14.2.2 we will be unable to update you on our promotions and product news;
14.2.3 we will be unable to provide you with the best user experience possible to our Website; and
14.2.4 we will generally be unable to provide you with the customer experience which we would like to provide you with.
15. COOKIES, WEB BEACONS, AND OTHER SIMILAR TECHNOLOGIES
15.1 We have instituted a policy that governs our Website’s use of “cookie” and “web beacon” technology.
16. CHILDREN’S PRIVACY
16.1 We do not knowingly collect any information from anyone under 16 years of age. Our Website, products and services are all directed to people who are at least 16 years old or older.
16.2 If you are under 16, do not use or provide any information on our Website or on or through any of its features and do not register on the Website, make any purchases through the Website or provide any information about yourself to us, including your name, address, telephone number or email address.
16.3 If we learn we have collected or received personal information from a child under 16 years of age, we will delete that information.
16.4 If you believe that we might have any information from or about a child under 16 years of age, please contact us at DPO@47brand.com.
17. LINKS TO OTHER WEBSITES AND SERVICES
18. YOUR INFORMATION, YOUR CHOICE
18.1 To update us with your information-sharing preferences, you may contact us using one of the following methods:
• Call: +1 781-702-2921;
• Email: email@example.com; or
• Mail your request to: '47 Brand, LLC, 132 Campanelli Industrial Drive, Brockton, MA 02301 USA
19.1 We implement appropriate technical and organisational measures to ensure a level of security appropriate to potential risks, including:
19.1.1 the pseudonymisation and encryption of your personal information where appropriate;
19.1.2 ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services;
19.1.3 ensuring we can restore access to personal information in a timely manner if a physical or technical incident occurs; and
19.1.4 regular testing, assessment and evaluation of the effectiveness of our technical and organisational measures to ensure your personal information is secure.
19.2 We maintain physical, electronic and procedural safeguards to protect the confidentiality and security of personal information transmitted to us using our Website. We do not store any credit card information on our servers. Please note that email is not encrypted and is not considered to be a secure means of transmitting credit card information.
20. BUSINESS TRANSITIONS
21. POLICY CHANGES
21.1 This policy replaces all previous disclosures we may have provided you about our information practices and is effective on the date noted at the start of this policy. We reserve the right to change this policy, and to apply any changes to information previously collected, as permitted or otherwise required by law. If there are material changes to this policy or our information practices change in the future, we will notify you by posting the policy changes on our w Website.
22. MAKING A COMPLAINT
22.1 We pride ourselves on excellent customer service, but if you would like to make a complaint about the way we have collected or used your personal information, please contact us at DPO@47brand.com or by any of the other mechanisms more fully detailed in Section 17 of this policy.
22.2 If you are unhappy about the way we have handled your complaint and/or you would like to take the matter further or make a complaint directly to our regulator without contacting us first, you can do so by contacting the Information Commissioner’s Office (“ICO”) by following this link: https://ico.org.uk/concerns/ or telephoning the ICO helpline, which is (from the UK) 0303 123 1113.
What are ‘cookies’?
Cookies are small files of letters and numbers that are placed on your browser or the hard drive of your computer by websites that you visit if you agree. Cookies contain information that is transferred to your computer’s hard drive. They are widely used in order to make websites function properly, as well as to provide business and marketing information to the owners of the site.
• “Session cookies” expire at the end of the browser session and do not collect any user information.
• “Permanent cookies” are saved onto your computer and are able to capture your preferences or activities on our Site.
To find out more about cookies in general, please see http://www.allaboutcookies.org/.
We use the following cookies on the Site:
• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences.
• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Please note that if you delete your cookies we will no longer know that you have opted out, so the banners from our third-party will reappear when you visit other selected websites.
The dropping of certain cookies is subject to your consent. When you first visit the Site, you are asked whether you agree to the installation of this type of cookie and it is only activated after you accept.
This process is supported by means of an information message on the home page of the Site, which informs you that by continuing to browse, you are agreeing to the installation of cookies that require consent on your device.
You may refuse to accept cookies by altering the settings on your internet browser (for example Internet Explorer, Chrome and Firefox). Please note that if you choose not to permit cookies some areas of our Site may not function properly or be accessible.
Please note though, that if you delete your cookies:
• we will no longer know that you've opted out of online behavioural advertising, so the banners from our third-party advertisers will reappear when you visit other selected websites; and
You may change the settings on your Internet browser to reject cookies at any time, but it will make your use of the Site less expedient.
What is online behavioural advertising/ interest based advertising?
Online behavioural advertising (also known as interest-based advertising) is a way of serving advertisements on the websites you visit and making them more relevant to you and your interests.
Shared interests are grouped together based upon previous web browsing activity and web users are then served advertising which matches their shared interests. In this way, advertising can be made as relevant and useful as possible. Relevant ads can also be delivered based upon the website content you have just been viewing. This is known as ‘retargeting’.
How do you opt out of online behavioural advertising?
There are a number of sites which can help you opt out of online behavioural advertising from third party advertising agencies that operate online behavioural advertising for website publishers, such as, inter alia, http://www.youronlinechoices.com and http://www.networkadvertising.org/choices.
Please note that opting out of online behavioural advertising using those services:
• does not mean that the advertising of our products and services on our the Site will stop being personalised to your interests;
• may not stop all online behavioural advertising because it only applies to those third party advertising agencies that have signed up to those services; and
• does not mean that there will be no more advertising on the Site or other websites you access. However, the advertising that you do see is likely to be less relevant to your interests.
In addition, deleting browser cookies can remove your opt out preferences, so you may need to opt out again.
More information about cookies used on the Site
The table below details the most frequently used cookies on the Site and explains their use.
Cookie Name Purpose
_ab Used in connection with access to admin
_orig_referrer Used in connection with shopping cart
_secure_session_id Used in connection with navigation through a storefront
Cart Used in connection with shopping cart
cart_sig Used in connection with checkout
cart_ts Used in connection with checkout
checkout_token Used in connection with checkout
Secret Used in connection with checkout
Secure_customer_sig Used in connection with customer login
storefront_digest Used in connection with customer login
_landing_page Track landing pages
_orig_referrer Track landing pages
_s Shopify analytics
_shopify_fs Shopify analytics
_shopify_s Shopify analytics
_shopify_sa_p Shopify analytics relating to marketing and referrals
_shopify_sa_t Shopify analytics relating to marketing and referrals
_shopify_uniq Shopify analytics
_shopify_visit Shopify analytics
_shopify_y Shopify analytics
_y Shopify analytics
tracked_start_checkout Shopify analytics relating to checkout
What is the duration of cookies used?
The duration of the cookie depends on the type of cookie used and whether it is a “session” or “persistent” cookie. “Session” cookies expire at the end of the browser session and “Permanent” cookies are saved on your device for a period of time ranging from 30 minutes to two years from the date they are downloaded to your device.
How to contact us
’47 may terminate, suspend, change, or discontinue your use/access to the Website at any time, with or without cause. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you occur prior to termination. ’47 reserves the right to terminate, suspend, change, or discontinue all or any aspect of the site at any time, for any reason or for no reason, at any time without notice.
Waiver and Severability
UNSOLICITED IDEAS SUBMISSION POLICY
‘47 does not accept or consider any unsolicited ideas, suggestions, proposals, comments or materials (“Submissions”). The purpose of this policy is to avoid any potential misunderstandings when ’47’s products, services, advertising or branding might appear to be similar or identical to ideas submitted to ‘47.
Terms of Idea Submissions
If, despite the policy outlined above, you still choose to submit your ideas to ’47, then regardless of what your letter or submission states, the following terms shall apply to your Submissions:
‘47 is always pleased to receive feedback about any of its current products, services, advertising or branding. Please only provide specific feedback on current products, services, advertising or branding, and do not include ideas that our Unsolicited Ideas Policy will not permit us to accept or consider. Any feedback you provide is deemed to be non-confidential and non-proprietary. ‘47 shall be free to use such information on an unrestricted basis, without any compensation to you or any third party.
If you do not understand any of the foregoing terms or if you have questions or comments, we invite you to contact our Ecommerce Customer Service department at firstname.lastname@example.org or by phone at 1.781.702.2921.