Privacy and Cookie Policy

(Last revised August 19, 2014) 

This Privacy and Cookie Policy applies to the website operated by Forevermark US, Inc ("We” or "Us" or "Our”), www.forevermark.com and any mobile applications or other online and mobile websites operated by Us that are related to www.forevermark.com (collectively, the "Site"). We are a Delaware corporation and have Our registered office at 300 First Stamford Place, Stamford, CT  06902.  We are committed to protecting and respecting your privacy and we comply with data protection legislation.

This policy (together with Our Terms and Conditions and Acceptable Use Policy which can be found at http://www.forevermark.com/en-US/terms-and-conditions/ and any other documents referred to in it) sets out how we will use any personal data which you provide through Our Site. Please read it carefully before you proceed.

By visiting Our Site, and/or using the services offered on or through Our Site, you agree to the terms of this Privacy and Cookie Policy as it may be amended from time to time. This Privacy and Cookie Policy is incorporated into, and part of, the Terms and Conditions of Our Site, which governs your use of Our Site.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

  • Information that you provide by filling in forms on Our Sites. This includes information provided at the time of registering to use Our Site, subscribing to Our service, posting material or requesting further services including, for example, name, home and/or business address, email address, telephone number, demographic information such as age and/or other information that may identify you as an individual. We may also ask you for information when you enter a competition or promotion sponsored by Us, sign-up for e-mail newsletters and when you report a problem with Our Site.
  • If you contact Us, We may keep a record of that correspondence.
  • We may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them.
  • Details of (if applicable) transactions you carry out through Our Site and of the fulfilment of your orders.
  • Details of your visits to Our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for Our own billing purposes or otherwise and the resources that you access.
  • Any other data you may provide to us in connection with Our services and/or Our Site, including but not limited to:
    • information you provide when you compile wishlists or other gift registries;
    • information you provide when using the Register My Diamond feature;
    • email addresses of your friends and other people; and
    • pictures and/or videos which you submit to Us either via Our social media sites or Our Site.

We may collect the above data from you in the following ways:

IP ADDRESSES, COOKIES AND GIFS

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to Our advertisers. This is statistical data about Our users' browsing actions and patterns, and does not show personal details that identify you.

For the same reason, We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies are small pieces of information sent by a web server to a web browser which allow the web server to recognise the web browser. They help Us to improve Our Site and to deliver a better and more personalised service. They enable Us:

  • To estimate Our audience size and usage pattern.
  • To store information about your preferences, and so allow Us to customise Our Site according to your individual interests.
  • To speed up your searches.
  • To recognise you when you return to Our Site.
  • To store the information on your wishlist or gift registry.
  • To store the information you provide when using the Register My Diamond feature.

You can control how your browser handles cookies received from websites. You can choose to refuse all cookies, or to be prompted before a cookie is saved to your hard drive, or to only accept cookies from certain websites that you designate. Information on deleting or controlling cookies is available at www.AboutCookies.org. By refusing to accept cookies from Us, you may not be able to use some of the features and functionality available on Our Site.

Here is a list of the cookies on Our Site and what they are used for: 

Cookie Name Purpose
s_vi This cookie tracks the user’s unique anonymised identifier.
Forevermark_Locale This cookie is to store the user language used on the Site in order to ensure that the correct language is presented to the user.
flash This cookie is used in order to determine whether flash enabled or disabled on the Site or to display the content using HTML only.
ARPT This is a technical ‘session’ cookie set by the Site to share the number of users we get on the Site between web servers. This is so theSite does not get overloaded and can perform at its optimum potential.
s_nr Stores the date of the user’s visit and whether it is a repeat visit or a brand new visit.
s_vnum This cookie tracks the number of visits a user has made to the Site until the user has cleared their cookie cache in their browser.
ASP.NET_SessionId ASP.NET issues a cookie called ASP.NET_SessionId. This cookie contains the user's session ID and the cookie will expire at the end of thesession (when you close your browser). This cookie does not store personal data about you.
s_cc This cookie is set and read by the JavaScript code to determine if cookies are enabled.
s_invisit This cookie is used by an Omniture plugin to count the visit numbers per month for a specific user of the web page.
s_lv This cookie tracks the number of days between visits for a user visiting the Site.
s_lv_s This cookie is used by an Omniture plugin to capture the number of days since a user last visited the Site.
sc_newrep This cookie tracks whether a user is a new or repeat visitor.
fm_visit This customised cookie is used to track the visit count per user on the Site.
s_sq This cookie is set and read by the JavaScript code when the Omniture ClickMap functionality is enabled; it contains information about theprevious link that wasclicked on by the user.
gpv_pn This auxiliary cookie is used to remember a previous value set on the previous page.
__utma This cookie, used by Google Analytics, keeps track of the number of times a user has been to the Site, when their first visit was, and whentheir last visit occurred.
__utmb This cookie, used by Google Analytics, captures the timestamp of the exact moment in time when a user enters the Site.
__utmc This cookie, used by Google Analytics, captures the timestamp of the exact moment in time when a user leaves the Site.
__utmz This cookie keeps track of where the user came from, what search engine the user used, what link was clicked on, what keyword the userused, and where they were in the world when accessing the Site.
.EPiServerLogin Authentication cookie used by the Site to authenticate the user logging on to the Site.
.ASPXROLES This cookie is only used for setting the role of the user using the Site. This cookie does not store personal data about you.

 We may use "clear GIFs” (aka "Web beacons” or "pixel tags”) or similar technologies, in Our Site and/or in our communications with you to enable Us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail that communicates to Us whether you viewed an email that We sent you or visited a certain page on Our Site. A clear GIF may enable Us to relate your viewing or receipt of a web page or message to other information we hold about you.


Our server automatically collects data about your server’s internet address when you visit Us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your internet service provider whenever you’re on the internet. When you request pages from Our Site, Our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to Us (e.g., another website or a search engine); the pages you visit on Our Site; the website you visit after Our Site; the ads you see and/or click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on Our Site or a referral site; and other web usage activity and data logged by Our web servers. We use this information for internal system administration, to help diagnose problems with Our server, and to administer Our Site. Such information may also be used to gather broad demographic information, such as country of origin and internet service provider. Any or all of activities with regard to our Site usage information may be performed on our behalf by our services providers.


ADVERTISING AND ONLINE TRACKING

As detailed above, We may allow third-party companies to serve ads and collect certain anonymous information when you visit the Site. These companies may use non-personally identifiable information (e.g., click stream information, web browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third-party clear gif/web beacon to collect this information. Our systems do not recognize browser “Do Not Track” signals, but several of Our service providers who utilize these cookies or web beacons on Our Site enable you to opt out of targeted advertising practices. To learn more about these advertising practices or to opt out of this type of advertising, you can visit www.networkadvertising.org or www.aboutads.info/choices/. We also provide you with additional tools to opt out of marketing from Us. You can learn about this in the “Marketing” section of this policy.

WHERE WE STORE YOUR PERSONAL DATA

The data that We collect from you may be transferred to, and stored at, a destination outside the United States of America. It may also be processed by staff operating outside the USA who work for Us or for one of Our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing of your personal data. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

SECURITY

Where We have given you (or where you have chosen) a password which enables you to access certain parts of Our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

While We have implemented reasonable technical and organisational precautions to protect the security and integrity of personal data provided to Our Site, due to the inherent nature of the internet as an open global communications vehicle, We cannot guarantee that information, during transmission through the internet or while stored on Our system or otherwise in Our care, will be absolutely safe from intrusion by others, such as hackers. We maintain physical, electronic and procedural safeguards to protect your Personal Data. We strive to protect information transmitted on or through the Site or Services, however, We cannot and do not guarantee the security of any information you transmit on or through the Site, and you do so at your own risk.

You agree to (a) immediately notify Us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Us when you desire to cancel your account on this Site. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.

We will not be liable for disclosure of your information due to errors or unauthorised acts of third parties during or after transmission.

We recommend that you change your password every three months. If you are using a public computer (e.g. at a library), or a shared computer, We urge you to log out of your account and Our Site altogether, and quit the browser application before you leave the computer. This will help prevent others from accessing your account and any personal information.

In the unlikely event that We believe that the security of your personal information in Our possession or control may have been compromised, We may seek to notify you of that development. If a notification is appropriate, We would endeavour to do so as promptly as possible under the circumstances, and, to the extent We have your e-mail address, We may notify you by e-mail. You hereby consent to Our use of e-mail as a means of such notification.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

  • To ensure that content from Our Site is presented in the most effective manner for you and for your computer.
  • To carry out Our obligations arising from any contracts entered into between you and Us or to provide you with the Site and any services requested by you.
  • To allow you to participate in interactive features of Our service, when you choose to do so.
  • To notify you about changes to Our service.
  • If you review or download information, We track the visit to give Us information about which part of the site is frequented.
  • To send you notices (for example, in the form of e-mails, SMS, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that We think might interest you, where you have consented to be contacted for such purposes.
  • To communicate with you regarding the status of your orders.
  • To enable you to share your wishlists or gift registry.
  • To register your diamond when you use the Register My Diamond feature.
  • To display your photos and/or videos on a gallery on Our Site. By submitting your photos and/or videos to Us via social media or Our Site, you consent to us using them for this purpose.

We may also retain data about your transaction (if applicable) on Our Site, such as the dates you purchased and the quantity and value of the purchases (if applicable).

SERVICE PROVIDERS

We may use third-party partners to help operate Our Site and deliver Our products and services, and may share your information with Our affiliates, service providers and other third parties that provide products or services for or through this Site or for Our business (such as website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfilment companies, marketing and promotional companies, and other similar service providers that use such information on Our behalf).

We may disclose aggregate statistics regarding user behaviour as a measure of interest in, and use of, Our Site and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.

DISCLOSURE OF YOUR INFORMATION

Your privacy is important to Us. We may disclose your personal information to any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries.

We may also use your personal information to maintain Our internal record keeping and/or share it with Our affiliates for internal marketing or other purposes.

We may disclose your personal information to third parties:

  • In the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If Forevermark US, Inc or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred a assets.
  • If We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Our Terms and Conditions and other agreements; or to protect the rights, property, or safety of Forevermark US, Inc, Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when We have reason to believe that someone is causing injury to or interference with our rights or property, other users of Our Site, or anyone else that could be harmed by such activities. Additionally, We cooperate with law enforcement inquiries and other third parties to enforce laws, intellectual property rights and other rights.

MARKETING

We may permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and they may contact you about these by post or telephone. If you are a new customer, and where We permit selected third parties to use your data, We (or they) will contact you by electronic means only if you have consented to this.

You have the right to ask Us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if We intend to use your data for such purposes or if We intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms We use to collect your data.

You have the right to "opt in” and "opt out” of certain uses of your personal data. For example, at the time you are requested to provide personal information on the Site, you may have the opportunity to elect to, or not to (1) receive correspondence from Us, or (2) have your personal information shared with other entities for their marketing purposes.

Please understand that if you opt out of receiving promotional correspondence from Us, We may still contact you in connection with your relationship, activities, transactions and communications with Us. Also, a request to have Us stop sharing your personal information with other entities for marketing purposes will only apply as of the date of your request, and We will not be responsible for any communications that you may receive from entities that received your personal information prior to such request. In these cases, please contact that entity directly. You can also exercise the right at any time by contacting Us at Client Services at the address set out in the CONTACT section below.

Our Site may, from time to time, contain links to and from the websites of Our partner networks, advertisers, affiliates and stockists. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies or Content contained on this Site. Please check these policies before you submit any personal data to these websites.


NOTICE TO CALIFORNIA RESIDENTS/YOUR CALIFORNIA OPT OUT RIGHTS

To opt out of sharing your personal information with third parties for their direct marketing purposes, please exercise your right to opt out of having your personal information shared as provided above in the “Marketing” section of this policy.

ACCESS TO INFORMATION

You have the right to access all the personal information we hold about you (which may include a right to correct any inaccuracies or object to certain information). If you wish to access or amend your personal data which is held by Us, please contact our Client Services Team at the address set out in the CONTACT section below. We may charge you a small fee and may require verification of your identity for providing a copy of your information as permitted by law.

PUBLIC AND INTERACTIVE AREAS OF OUR SITE

Personal data that you post on or through the public areas of Our Site are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not provide personal data about yourself in public or interactive areas of Our Site. Such personal data is not covered under this Privacy and Cookie Policy.


CHANGES TO OUR PRIVACY AND COOKIE POLICY

Any changes We may make to Our Privacy and Cookie policy in the future will be posted on this page and will be effective upon posting and as reflected in the “Last revised” date shown in the revised policy. Your continued use of Our Sites after any such changes are posted will be considered acceptance by you of such changes. Under certain circumstances, We may also elect to have such changes notified to you by e-mail or by posting a notice on the front page of Our Site. You should regularly check back to this page from time to time.


CONTACT

Questions, comments and requests regarding this Privacy and Cookie Policy are welcomed and should be addressed to Client Services, 300 First Stamford Place, Stamford, CT  06902 OR contactusUS@forevermark.com