PRIVACY POLICY

Last Updated on September 15, 2017

This is the Privacy Policy of MerchDirect LLC. and its subsidiary companies (collectively “MerchDirect” , “we”, or “us”), which applies to the website located at www.merchdirect.com, its affiliate sites, subdomains, mobile versions, and any associated applications (collectively, the “Website”). A full list of the MerchDirect group companies that may jointly use personal data about you pursuant to this policy is available at http://www.merchdirect.com/privacy?s=vice%20canada. MerchDirect is the entity responsible for the management of jointly used personal data.

In conjunction with any applicable Terms and Conditions of Use, this policy sets out the basis on which any personal data you provide will be collected, processed, used and stored by us. Please read it carefully. By visiting this Website, you are accepting and consenting to the practices described in this Privacy Policy, which may be amended in our sole discretion from time to time. If you use the Website after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by this policy at any time, you should not use the Website.

Children

You must be at least the age of Majority to register with us. Please do not provide any of your details to us if you are under the age of Majority.

PARENTS PLEASE READ: We do not permit those under the age of 18 (or older in some jurisdictions, if the age of Majority is older) to participate on or enter the Website without your express consent.

No information should be submitted to or posted on the Website by any Minor (a user under 18 years of age, or older in some jurisdictions, if the age of Majority is older) without the consent of a parent or guardian. Users without this consent are not allowed to provide us with personal data. No information should be submitted to or posted on the Website by any person younger than 13 years of age. If we become aware that you are under 13 and are attempting to or have submitted personal data via the Website, or that you are otherwise a Minor and are attempting to or have submitted personal data via the Website without your parent’s/guardian's permission, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.

Unless otherwise disclosed during collection, we do not knowingly provide any personally identifying information about Minors, regardless of its source, to third parties, nor is this information knowingly used by us for any marketing or promotional purposes. Minors are not allowed to participate in contests or sweepstakes on the Website. If you do not satisfy this age requirement, you are not permitted to use or enter the Website.

Introduction

This Privacy Policy explains the following:

What data we collect about you and why

When you use the Website, there are different ways we and any service providers who assist us in managing the Website gather information about you. When you register with us, we ask for information such as your name, email address, postal address and contact details. We keep a record of the information we collect on your initial and subsequent visits to the Website and any other information relating to you that we may obtain from our suppliers or other third parties. This record will be stored and processed in the United States and other countries (see further below under “How we store data about you” and “How we use personal data about you”). All this is necessary for us to recognize you, provide you with the services or information you have requested from us and, where appropriate, to maintain your account with us. In addition to the uses described below, we may also use this information to improve our platform and prevent or detect abuses of our Website. You may also be required to provide personal data to order products or participate in one of our online forums or communities. You are under no obligation to provide such data. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.

We may keep a record of any electronic correspondence you send us. This helps us to keep track of any problems or concerns you may have had with our Website or services.

If retail opportunities are provided, when you place an order, a third-party payment processor may collect a credit card number or other payment account number. This record will be stored and processed in the United States and other countries (see further below under “How we store data about you” and “How we use personal data about you”).

Please note that sometimes on particular web pages on the Website we will require you to provide additional personal data. When we do this we will specify further on these web pages why we are collecting this data and how we will use it.

Analysis Tools and our use of cookies

WWe currently use Google Analytics and other third party analytics companies to analyze how visitors use our Website and to find ways of improving it. To do this, we use Web beacons, pixel tags, clear GIFs and cookies on the Website; these are text files that collect and log site user behavior information including domain names, IP addresses (the number automatically assigned to your computer by your Internet Service Provider), along with usage statistics (e.g., the type of web browser and operating system you use) and browsing history in an anonymous form. The information collected is transmitted to Google and other third party analytics companies and used to compile statistical reports for us. The information concerned is not used to track or collect any information which may be used to identify a particular individual. All information is used and held anonymously.

We may also use cookies and other technologies to optimize your experience on the Website. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Cookies can be used to recognize users when they return and may help us to customize the Website for you based on your preferences. Cookies may also be used to identify the user’s geographic location and enable us to restrict particular services to users in certain countries. Although they do identify a user's computer, cookies do not personally identify users and passwords and credit card information are not stored in cookies.

We control how the data collected from our cookies and other technologies may and may not be used. If you do not want to help us to learn how to improve our Website, products, offers and marketing strategy, you can "opt-out" of our ability to analyze such data and disable cookies by modifying the settings in your browser. Please note that this might affect some functionality on the Website. For more information about cookies and how to disable them, please go to www.allaboutcookies.org.

Third-party advertisers on the Website may use cookies and other technologies in their advertisements for statistical purposes; we have no control over cookies placed on the Website by third parties.

How we store and process data about you

This Website is hosted in the United States. In order to communicate with you about local events, offers and opportunities and other news, the data that we collect from you may be transferred to, stored, used and processed by MerchDirect in the United States or one of our service providers based in United States or outside the United States. Such entities may be engaged in, among other things: (i) preparing and sending newsletters to which you subscribe; (ii) the fulfilment of your orders; (iii) the processing of payment details; and (iv) the provision of support services. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that you are transferring your personal data to the United States. The laws of some countries may not provide the same levels of protection of personal data as your home country, particularly if you are resident in the European Union. By submitting data, you agree to the collection, transfer, storage, use and processing of data about you for the purposes described in this policy. When you provide personal data to us or our service providers or vendors, you consent to the processing of your data in the United States as the Website is operated in the United States. We will take reasonable steps to ensure that data about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE.

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

How we use personal data about you

All the information we collect via our Website, or through correspondence with you, is used to provide you with any information, products or services you have requested, to operate MerchDirect’s business and to improve the services and products that we offer you. We will use personal data about you for purposes such as:

As described above data may be shared within MerchDirect. There are only a limited number of circumstances in which we may share with others some or all of the data about you that we hold; these are set out below.

So far as practicable we will seek to ensure that each disclosure of personal data about you will be subject to an obligation of confidentiality.

We may also use and share anonymized, aggregated data, such as access statistics, within MerchDirect and with third parties such as advertisers. This information will not involve the identification of individuals.

When and how we communicate with you and how you can opt-out from receiving future communications or from our sharing personal data about you. Note that even if you opt-out of receiving messages from us, we may still communicate with you to fulfill your order, or as otherwise required or permitted by law.

We may use the information we collect to contact you by post, email and telephone (including automated calls, and by SMS text messages and other multimedia electronic messages such as picture messaging) so as to contact you:

We will not send you unsolicited premium rate SMS messages (which are SMS messages you pay to receive), although your service provider may impose a charge on any messages that you receive. Please check with your service provider for details.

You will be given the opportunity to opt-out of receiving such marketing information at the point when your details are collected. All promotional information from us will come with instructions on how to opt-out from receiving further information in the future.

You can tell us not to contact you or share the information with a third party either at initial registration or later through updates. We may occasionally contact you about products and services we feel may be of interest to you. This contact will only come from us (or our agents, joint venture partners or our artists) and only if you have indicated that you do not object to these offers. If you would prefer to no longer receive marketing-related messages from us, or if you would prefer that we not share personal data about you with any of our joint venture partners or artists, you may opt-out of receiving messages from us or from our future sharing of information about you by following the “unsubscribe” instructions in the latest such message you have received. We will endeavor to comply with your request as soon as reasonably practicable. Please keep in mind that if you opt-out of receiving promotional messages from this Website, we will continue to send you transactional messages and important account-related information regarding this Website or products or services offered through this Website. We also will continue to honor your requests regarding promotional communications from other MerchDirect websites for which you have subscribed.

Please note that if you opt-out as described above, we will not be able to remove personal data about you from the databases of joint venture partners or any artists with which we have already shared personal data about you (i.e., to which we have already provided personal data about you as of the date that we implement your opt-out request). If you wish to cease receiving marketing-related messages from such joint venture partners or any artists, please contact such joint venture partners or any artists directly or utilize any opt-out mechanisms set out in their respective privacy policies or marketing-related messages.

A California privacy law that went into effect on January 1, 2005, the "Shine the Light" law, allows California residents to obtain a list of third parties to whom a business has disclosed personal information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right.

As stated earlier in this Privacy Policy, personal information submitted at the time of registration or submission may be used for marketing and promotional purposes only with the user’s permission. Whenever a user agrees to allow us to collect personal information, we provide the user with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by clicking on the link below:

http://help.merchdirect.com/customer/portal/emails/new

Because the Website has a comprehensive privacy policy and provides you with details on how you may opt-in or opt-out of the use of your personal information by third parties for direct marketing purposes, we are not required to provide you with the third party list.

Data over the Internet and other websites

The Internet is a global network and, therefore, there are times when data about you travels globally and may not always be completely secure. If you provide us with data over the Internet, this will be at your own risk. By using the Website, you agree and authorize us to process data in this way. However, please be assured that we use commercially reasonable procedures and security features to prevent unauthorized access to data about you.

Where the Website contains links to third party websites, please note that these have been included for convenience only. Neither MerchDirect nor any of its affiliated companies controls the content of any linked site and any personal data collected by such sites will be subject to the privacy policy of the third party operating that site. Please read any such third party’s policy carefully before providing any personal data on such websites.

We sometimes may offer content (e.g., competitions, sweepstakes, or promotions) sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that you voluntarily submit to participate in the Website activity. We are not responsible for and have no control over these third parties' use of this information. However, we will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.

We may use third parties to present or serve the advertisements that you may see on the Website. This Privacy Policy does not cover any use of data that a third party ad server may have collected from you.

Offensive or inappropriate content

If you post or send offensive, inappropriate or objectionable content anywhere on or to the Website, or otherwise engage in any disruptive behavior on the Website, we may use the personal data we hold about you to stop such behavior. Where we reasonably believe that you are or may be in breach of any applicable laws (for example, but without limitation, content you have posted may be defamatory), we may use the personal data we hold to inform relevant third parties such as your employer, school. email/Internet provider, or law enforcement agencies about the content and your behavior.

Legal disclaimer

We are not responsible nor will be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your personal data.

How long we will hold personal data about you

We will hold personal data about you on our systems for as long as is necessary for the relevant service, or as long as is set out in any relevant contract you hold with MerchDirect, subject to any applicable laws and/or regulations. In the case that you wish to cancel your registration as a member of the Website once an account is deleted, people cannot use the personal data about you other than for administrative purposes, but it stays on the system for a period of one year for administration purposes before being deleted.

Where you contribute to the Website, we will generally only keep your content for as long as is reasonably required for the purpose(s) for which it was submitted.

Further Information; How to contact us

If you have questions about personal data relating to you, or our privacy policy, or wish to change or update data we hold about you, please contact us by clicking here: http://help.merchdirect.com/customer/portal/emails/new.

You can also write us at: