Privacy Policy

This Online Privacy Policy (the “Privacy Policy”) sets forth certain terms and conditions pursuant to which NY Pastry Lab LLC, d.b.a. Dominique Ansel Workshop (“DAW,” “we,” or “us”) may collect, store and use certain information and data concerning or provided by you or authorized users of your account with DAW (collectively, “you” or “your”) in connection with your access or use of the Site (as defined below) or the [DAW service] offered through the Site (the “Service”). It also explains the conditions under which we use and disclose that information, and your rights in relation to that information. This Privacy

Policy does not apply to information or data that may be collected by DAW off-line.
This Privacy Policy applies to the following web sites operated by DAW and such other web sites established by DAW or its subsidiaries from time to time which reference this Privacy Policy (collectively, the “Site”): www.dominiqueanselonline.com.

This Privacy Policy is incorporated into and made a part of DAW’s Online Terms of Service and Use Agreement.

PLEASE NOTE THAT THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME, SO PLEASE CHECK BACK REGULARLY TO STAY INFORMED OF ANY CHANGES. MATERIAL CHANGES TO THIS PRIVACY POLICY WILL BE POSTED ON THE SITE. YOUR CONTINUED USE OF THE SITE OR THE SERVICE, OR ACCESSING YOUR ACCOUNT, FOLLOWING SUCH CHANGES, CONSTITUTES AND SIGNIFIES YOUR FULL ACCEPTANCE OF SUCH CHANGES.

Consent

BY USING THIS SITE, OR ANY OF OUR WEB SITES, YOU SIGNIFY YOUR CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE ANY THE SITE OR ANY OTHER DABWEB SITES. WE RESERVE THE RIGHT TO MAKE CHANGES IN THIS PRIVACY POLICY AT ANY TIME. PLEASE CHECK THE PRIVACY POLICY EACH TIME YOU USE ANY OF OUR WEB SITES TO ENSURE YOU ARE AWARE OF ANY CHANGES IN OUR PRIVACY PRACTICES. THE PRIVACY POLICY WILL INDICATE THE DATE IT WAS LAST UPDATED. ALSO, IF THERE IS A SUBSTANTIVE CHANGE IN THE WAY THAT WE USE YOUR PERSONAL INFORMATION, WE MAY NOTIFY YOU VIA E-MAIL OF THE RELEVANT CHANGES. IF YOU CHOOSE TO OPT-OUT OF OUR CHANGED PRACTICE, OUR E-MAIL WILL CONTAIN INSTRUCTIONS ON HOW TO OPT-OUT, OR YOU MAY E-MAIL OUR DATA PRIVACY OFFICER AT ANY TIME AT [email protected]. YOUR CONTINUED USE OF ANY OF OUR WEB SITES WILL SIGNIFY AND BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES TO THIS PRIVACY POLICY.

Privacy Statement

DAW respects the privacy of its online visitors and recognizes the importance of protecting the information collected about you. We have adopted a corporation-wide Privacy Policy that guides how we collect, store and use the information you provide online. This Privacy Policy applies both to person who register or establish an account with DAW and to casual browsers our web sites. If you have any questions, complaints, or comments regarding our Privacy Policy or use of your information, please contact our Data Privacy Officer at [email protected].

In addition, DAW owns several other domain names that link or point to the web sites listed above, and we will from time to time add new web sites that may or may not be listed above. Please note that this Privacy Policy applies only to the web sites maintained by DAW, and not to web sites maintained by third parties to which the web sites listed above link.

Third Party Web Sites.

If you click on a link to a third party web site, including without limitation, any third party payment or other service offered through the Site or any advertisement or link to an on-line advertising company, you will leave the DAW Site you are visiting and go to the web site you selected. Because we cannot control the activities of third parties, including third-party payment and other service providers, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as DAW. IF YOU VISIT A THIRD PARTY WEB SITE THAT IS LINKED TO THE SITE, YOU SHOULD CONSULT THAT WEB SITE’S PRIVACY POLICY BEFORE PROVIDING ANY PERSONAL OR OTHER INFORMATION. We also encourage you to review the privacy policies of any other service provider from whom you request services.

What is personal information and when does DAW collect it?

Personal information is information that identifies you and may be used to contact you on-line or off-line. DAW collects personal information on a voluntary basis. On-line visitors typically submit information to DAW by (1) making a reservation (and pre-paying for same) through the Site or Service, (2) use of our software or online services (including, without limitation, when you register for an account with DAW), (3) participation in message board, (4) marketing surveys and e-mail campaigns, (5) requests for services from third party service providers on our web sites, (6) surveys and newsletters, and (7) consumer complaints.

Information collected will vary depending upon the activity and may include your name, e-mail address, phone number, mobile number, home address, birth date, credit card information and other personal information as defined under applicable law. We do not require this information to gain access to the Site, however, you may not use certain features, products or services (including, without limitation, the Service) that require registration or receive materials (for example, newsletters) unless such information is provided. You hereby consent to our collection of your personal information as outlined herein.

Other Information Collected

Certain activities will require you to create a username and password and provide other, non-personal information such as your age, date of birth, gender, game and other preferences, etc. In addition, we may collect demographic information such as gender, zip code, information about your likes and dislikes, and other data that you may provide in surveys or online profiles. In addition, we may combine demographic information with personal information.

Online Chat Rooms, Forums and Profiles

You may choose to disclose information about yourself in our online message boards, chatrooms, forums or in creating user “profiles” when you play games on our Site or utilizing the Service. Information that you disclose in chat rooms or in “profile” information is public information, and there is no expectation of privacy or confidentiality in either place. Please see our Online Terms of Service and Use Agreement on this point and for other guidelines about posting content on our web sites.

A Special Note About Children

DAW does not permit access to the Site by children under the age of 13. If you are under 13 years of age, you should not access, or attempt to obtain access to, any of the DAW web sites. Once a child states that his/her age is under 13, we do not collect or store any personally identifiable information such as name, address or email address. Teenagers under the age of 18 and over the age of 12 should encourage their parents to review this Privacy Policy and to contact us if they would like to raise any concerns.

What about cookies and other technologies?

We may use cookies and other technologies to collect demographic information, personalize your experience on our Site and monitor advertisements and other activities. Cookies are small files downloaded to your computer to track movements and behavior within web sites. Certain of our web sites may use cookies to keep track of your shopping cart and make sure you do not see the same ad repeatedly. Also, we may use cookies to deliver content specific to your interests and for other purposes. For example, certain of our web sites may use “cookies” or other methods to monitor web site usage. We may collect information on what games are played, how much time is spent playing the games and which ads or links are clicked. We may link cookie information to personal information.

Certain of our web sites use an outside ad company to display ads. These ads may contain cookies. Cookies received with banner ads are collected by our ad companies, and DAW does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a web site. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our Site will not function properly if you do so.

Other technologies used in our web sites include clear GIFs and IP address logging. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.

DAW also maintains log files which contain Internet Protocol (“IP”) addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on our web sites, to report aggregate information to our advertisers and third party service providers and to troubleshoot technical problems. In the event of user abuse of our Site; however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. IP addresses and console IDs may be used to personally identify you in order to enforce our Online Terms of Service and Use Agreement.

What happens to the information provided?

DAW does not disclose any personal information about children under 18 years of age who have registered on any of our web sites to third parties, regardless of parental consent, or share or disclose personal information other than as set forth in this Privacy Policy, provided however, that in the event of a merger, acquisition, asset sale or in the unlikely event of bankruptcy, visitor and user information (including, without limitation, personal information) maintained by DAW may be transferred to its successors or assigns.

Users who register for an account with DAW may register for other services from our Site from time to time. If you opt in to any of these services, we may collect additional information including, without limitation, information requested by a service provider and pass this information, together with all other registration information (including, without limitation, personal information), to that service provider. Use of your personal information by a service provider will be governed by that service provider’s privacy policy and terms of service. We may also retain any additional information collected for use in accordance with the terms of this Privacy Policy. Participation in these other related services is optional and is not required to access our Site.

The personal information you provide will allow us to alert you to new developments, features and enhancements to our properties; special offers; upgrade opportunities; and events of interest. We may send e-mails that may contain information regarding third-party products or services; however, this does not mean that we have provided or traded your personal information to any party.

We will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by you as set forth in this Privacy Policy. We will take reasonable steps to ensure that Personally-Identifying Information is relevant to its intended use, accurate, complete, and current.
We may use survey information in marketing surveys to select and direct advertising that is more likely to be of interest to a particular user of an account with DAW. This information may be transmitted to an ad server owned by an advertising company to match account holders with ads that they are more likely to be interested in. However, we do not disclose any account holder’s personal information to our advertisers without the holder’s consent. Participation in such surveys is entirely optional. We may share aggregate consumer data (which does not contain personal information) with the advertising companies or with any other third-party, and we may use such information for any legitimate business purpose in our sole discretion.

We may use your personal information for our internal marketing and demographic studies, so we can consistently improve our web sites to better meet our visitors’ and users’ needs. In addition, we may use your personal information to enforce legal rights and comply with the law, or to comply with an order from a judicial or government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage. Finally, we may also disclose personal information to law enforcement, or the appropriate judicial or civil authorities.

Where is the information held?

Currently, DAW maintains and stores your personal information on servers located within the United States. This may not apply to DAW’s third party providers (including, without limitation, any third-party payment processors). In the event that DAW becomes a multi-national operation, some of the computer systems on which DAW collects, stores, and uses the information it collects or receives may be based outside the United States. Therefore, your personal information may be transferred to, used, processed or held by DAW in the United States and in other countries, including countries both in and outside the European Union, and used for the purposes set out in this Privacy Policy. You hereby consent to such use.

Opt-out Provision

When we first collect information about you, we will offer you the opportunity to opt-out of having your personal information shared with parties outside of DAW or its Affiliates or its third party providers (such as our payment processors), except to the extent required by law, court order, or as requested by other government or law enforcement authority. If you choose to have your name removed from our mailing list, you can do so by contacting our Data Privacy Officer at [email protected].

Safeguarding Your Personal Information

We will only collect and use personal information in accordance with this Privacy Policy to the extent deemed reasonably necessary to serve our legitimate business purposes, and we will use commercially reasonable physical, managerial and technical safeguards to preserve the security, integrity, accuracy and privacy of the information you have provided. In addition, we will take reasonable steps to ensure that third parties to whom we transfer any personal information will provide commercially reasonable protection of that information. We cannot, however, ensure or warrant the security of any information you transmit to DAW, and you do so at your own risk. Once we receive your transmission of information, DAW makes commercially reasonable efforts to ensure the security of such information on our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, managerial or other safeguards.

If DAW learns of a security systems breach, then we will use our commercially reasonable efforts to attempt to notify you electronically so that you can take appropriate protective steps. DAW may post a notice on its Site if a security breach occurs.

Review and Correction of Your Information; Requests for Removal from Mailing Lists; and Deactivating Your Account If for any reason you are concerned that the personal information maintained by DAW is not correct, or should you wish to have your account(s) deactivated or be removed from our mailing list, please e-mail our Data Privacy Officer at [email protected] describing, in reasonable detail, the nature of the request, problem or concern. We will then review, update or remove information as appropriate within a commercially reasonable time frame after receiving such notice from you. We may still retain your information in our electronic data or other files, however, to resolve disputes, enforce our user agreement(s) and/or policy(ies), and due to technical and legal requirements and constraints related to the security, integrity and operation of our web sites.

California Residents: Your California Privacy Rights

Under California law, California residents who have an established business relationship with DAW or its Affiliates may choose to opt out of DAW’s disclosure of personal information about them to third parties for direct marketing purposes. As detailed in this Privacy Policy, our policy is not to disclose personal information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, e-mail our Data Privacy Officer at [email protected].

European Safe Harbor Privacy Policy for Data Transfers from the European Union

We abide by the Safe Harbor Principles developed by the U.S. Department of Commerce and the European Commission and the Frequently Asked Questions (FAQs) issued by the Department of Commerce on July 21, 2000. This section sets forth the privacy principles that we follow with respect to transfers of Personally-Identifying Information from the European Economic Area (“EEA”) to the United States.

A. Notice

We will inform you about the purposes for which we collect and use your personal information, the third parties to whom we disclose your personal information, and the choices and means, if any, we offer you for limiting the use and disclosure of your personal information. We will provide you with notice of such practices in clear and conspicuous language when you are first asked to provide personal information to us, or as soon as practicable thereafter, and in any event before: (i) we use your personal information for a purpose other than that for which it was originally collected; (ii) your personal information is processed by a transferring organization; or (iii) we disclose your personal information for the first time to a third party. As discussed in this Privacy Policy, we will disclose your personal information as described hereinabove.

If you have any questions, please contact us at [email protected].

B. Choice

Users located in the EEA may direct us not to disclose their personal information to third parties (other than our service providers). We do not use personal information for purposes incompatible with the purposes for which we originally collected the information without notifying the relevant individuals of such uses and offering an opportunity to opt out.
Notwithstanding the foregoing, we may disclose personal information without offering individuals the opportunity to opt out for the reasons described in more detail hereinabove; e.g., for purposes of disclosure to law enforcement, or the appropriate judicial or civil authorities; in the event of a merger, acquisition, asset sale or in the unlikely event of bankruptcy.

C. Data Integrity

D. Onward Transfer

We may share personal information with service providers we have retained to perform services on our behalf. We require service providers to whom we disclose personal information and who are not subject to laws based on the European Union Data Protection Directive to contractually agree to provide at least the same level of protection for personal information as is required by the relevant “safe harbor” principles.

E. Security

We maintain reasonable administrative, technical and physical safeguards to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction.

F. Access

Upon request, we will grant individuals reasonable access to personal information that we hold about them for the purpose of correcting, amending, or deleting such personal information where it is inaccurate; provided, however, that we reserve the right to deny access or limit access in cases where the burden or cost of providing access would be disproportionate to the risks to your privacy or in the case of a vexatious or fraudulent request. If you wish to access or amend your personal information, please contact our Data Privacy Officer at the address provided in Section (A) (“Notice”) above. Any of our employees who wishes to review or update their personal information can do so by contacting their human resources representative.

G. Enforcement

If we become aware that the security of the Site has been compromised or your personal information has been disclosed to unrelated third parties as a result of external activity, including but not limited to security attacks or fraud, we reserve the right to take reasonable appropriate measures, including but not limited to, investigation and reporting, and notification to and cooperation with law enforcement authorities.
If we become aware that your personal information has been disclosed in a manner not permitted by this Privacy Policy, we will make reasonable efforts to notify you, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that we know this information.

We are also subject to the jurisdiction of the US Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:

Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
[email protected]
www.ftc.gov