Policy
When visiting Franklin Michelle or FranklinMichelle.com website, social media, or mobile apps we collect information to enhance and improve your online experience and to communicate about our products and promotions. We value our customers and respect your privacy as we do not sell or share your information.
Information We Collect and How We Use It
Individuals may choose to provide personal information (such as name, contact details and payment information) through this website, in our Stores and through the other channels described below. Here are the ways you may provide the information and the types of information you may submit. We also tell you how we may use the information.
Our Website - Shopping
You may be able to purchase Franklin Michelle products and gift cards on this website. To process your purchase, we ask for information such as your name, billing and shipping address, telephone number, email address and payment card information. We use this information to process your purchase, confirm your order and deliver the items to you. If you give us permission, we also may use your contact information to communicate with you about our products, services and promotions.
If you purchase an item or gift card on this site or ask us to deliver your purchase to someone else, we ask for the recipient's name, postal address and email address. We use this information to send the gift card or item to the recipient. If you ask us to do so, we also may use this information to notify the recipient of your gift before it arrives.
My Account
You may be able to register to create an account on this website. To do so, we ask for information such as your name and email address. You also may provide your age and gender.
Through the "my account" feature, you can store billing and shipping information so you won't have to enter it again when you make another purchase on this site. You also can store payment card information and details of your past purchases. In addition, you can save your credit card information on your account for faster checkout. To use this feature, we ask you to provide your credit card information and the corresponding billing address.
You can also use the "my account" feature to create a wish list of products you want and share your list by email with friends and family. If you choose to share your list, we ask for your name and email address and the recipient's email address. This information is used only to email your list to your desired recipients.
You can create and save an address book on your account. You can delete entries in the address book at any time. We will not use or disclose the information you delete from your address book.
Surveys, Sweepstakes and Promotions
On this website, you may be able to participate in surveys, sweepstakes and other promotions. If you choose to participate in these promotions, we may ask you for information such as your name, email address, postal address and telephone number. We use the information you provide to administer our contests, sweepstakes and other promotions. We also may use the information to communicate with you about our products, services and promotions, but only if you have given us your consent to do so.
Electronic Newsletters
You may be able to sign up on this site to receive electronic newsletters and promotional emails from Franklin Michelle, including new ideas, special offers and event information. To sign up, we may ask you for information such as your name, email address, postal address, telephone number, age, gender, shopping preferences and email preferences. We use this information to send you communications about our products and services, invitations to specials sales and events at Stores located near you, and notices of new arrivals. We also use this information to tailor our newsletters to reflect your preferences. You can choose at any time not to receive marketing emails from us by clicking on the unsubscribe link within our marketing emails or by clicking here. You also may use the email preferences section of the "my account" feature to opt out of receiving marketing emails or to specify which, if any, communications you would like to receive from us. There is no charge to you to unsubscribe.
Mobile Marketing
You may be able to sign up to receive communications about our products and services through your mobile device by submitting your mobile telephone number online or by texting us. If you sign up for mobile communications, we will send you information about our products, services and promotions by text message. In the U.S., you may opt out of receiving text message communications on your mobile device by sending a text message with the word "STOP" to short code. Outside the U.S., you may opt out of receiving these communications by contacting us as specified in the "How to Contact Us" section below. Franklin Michelle does not charge you to unsubscribe. Depending on the terms of your mobile phone contract, you may incur charges for receiving and sending text messages on your mobile device. Franklin Michelle is not responsible for these charges.
Blogs
You may be able to submit comments to blogs we host on this website. You may include personal information in your comment, and you also may submit your name with your comment. We use your name to identify you.
Email to a Friend
You may be able to share certain content from this website with your friends. To send information to your friends, we ask for your friends' and your email addresses. We use this information only to fulfill your request. We do not retain the information you provide in connection with this feature, except to send the requested content. We will not include any other advertisements within the messages sent to your friends.
Contact Us
If you communicate with us through the "Contact Us" link on this site, we may ask you for information such as your name, email address, zip code and telephone number. We use this information to respond to and communicate with you about your questions and comments.
Other Site Features
We offer visitors to this website various features for their information and enjoyment, which we may change from time to time. We may ask you to submit certain personal information so we can provide you with these features and send you communications about our products, services and promotions.
Information We Collect by Automated Means
We obtain certain information by automated means when you visit our website, such as the IP address of the device you use to connect to the Internet and the pages accessed. By collecting this information, we learn how to best tailor our website to our visitors and understand what products and services you might prefer. We collect this information through various means, such as "cookies" and "web beacons." Both we and others (such as our service providers) may collect personal information about our visitors’ online activities over time and across third-party websites.
Cookies
Like many companies, we use "cookies" on this website. Cookies are bits of text that are placed on your computer's hard drive when you visit certain websites. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. We use cookies, for example, to preserve the contents of your virtual shopping bag between visits. We also use cookies to measure activity on the site and determine which areas and features of the site are the most popular.
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie and how to disable existing cookies. Without cookies, however, you may not be able to take full advantage of all our site features. For example, if you turn off cookies or refuse them, you will not be able to make purchases on the site.
Using cookies, we utilize Google Ad Words re-marketing service to show you our ads on other websites based on your prior visits to our website. You can opt out of this feature by clicking here.
We may use eBay Enterprise Targeted Display Advertising Services on this website. You can learn more about how this service functions by clicking here, and you may opt out of eBay Enterprise targeted display services by clicking here. You also may opt out of eBay Enterprise targeted display services through the Network Advertising Initiative website.
Web Beacons
Certain pages on this website contain "web beacons" (also known as Internet tags, pixel tags and clear GIFs). Web beacons are used for internal purposes, such as to obtain the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, and the type of browser used to view the page. We also retain service providers who use web beacons to assess the effectiveness of our email communications and learn what pages our visitors viewed.
We may use third party web analytics services, such as those of Adobe Analytics and Google Analytics, to measure the effectiveness of our advertising and determine how visitors use this website. These service providers’ tools, including cookies and web beacons, allow us to collect information such as the state and zip code from which our visitors come and the IP addresses of our visitors' computers. To opt out of aggregation and analysis of data collected by Adobe Analytics and Google Analytics, please click here and here.
Other Ways We Collect Personal Information
QR Codes
We use QR codes in connection with certain promotions, contests and special events. If you scan our QR code, you will get an invitation on your mobile device to join our mailing list. To sign up, we ask you for information such as your name, mailing address, email address, telephone numbers, and age. We use the information to communicate with you about our products, services and promotions.
Customer Assistance
You may call our customer service line for information about our products or personal shopping advice. If you do so, we may ask you for information such as your name, email address, postal address, telephone number and, if you choose to make a purchase, your payment card information. We use this information to respond to your request and process your transaction.
Information We Share
We do not sell or otherwise disclose personal information about our customers, except as described here. We may share the personal information you provide to us with our affiliates worldwide, licensees and joint venture partners for the purposes described in this Privacy Notice. We also may share the information with our service providers who perform services on our behalf based on our instructions. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
As described above, if you apply for a Franklin Michelle credit card at one of our Stores, we may provide the information on your application to the credit card issuer to fulfill your request.
We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Notice. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
Links to Other Sites
This website may contain links to other sites for your convenience and information. These sites may be operated by companies not affiliated with Franklin Michelle. Linked sites may have their own privacy policies, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content of any websites that are not affiliated with Franklin Michelle, any use of those sites, or the privacy practices of those sites.
How We Protect Personal Information
We maintain appropriate administrative, technical and physical safeguards to protect the personal information you provide on this website or in our Stores against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing. We use Secure Sockets Layer ("SSL") technology to protect the transmission over the Internet of your payment card data. You can check the security of your connection by looking at the URL line of your browser. When accessing a secure site, the first characters of the site address change from "http" to "https." If you are using a web browser or firewall that does not permit communications through secure sites, you will not be able to make purchases on our site.
We strive to protect the confidentiality and security of Social Security numbers ("SSNs") in our possession, custody or control by employing reasonable safeguards seeking to (i) restrict employee access to and use of SSNs; (ii) prevent unauthorized third party access to SSNs, and (iii) prohibit unlawful disclosure of SSNs.
Access and Correction
Subject to applicable law, we provide you with access to personal information we have retained about you and the ability to review, correct, update, block or delete the information where it is inaccurate. Subject to applicable law, we may limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances. Please submit your request to the address specified in the "How to Contact Us" section below. Please include your name, email address and postal address in your request.
Children Privacy
In compliance to ensure children safety, Franklin Michelle does not willingly collect or maintain information provided by children under the age of 13 without parental consent. Our website is for the general audience and not targeted or intended for minors.
Updates to Our Privacy Notice
This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices or relevant laws. We will post a prominent notice on the site to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice when it was updated.
Terms Of Use
Terms & Conditions
The following rules and regulations apply to all visitors to or users of the Web site, www.franklinmichelle.com By using this Web site, you agree to be bound by these rules and regulations, as they may be modified at any time and posted on this Web site. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity. Unless otherwise indicated, the franklinmichelle.com Web site and its contents (including without limitation, all text, photographs, images,video and audio) are the exclusive property of Franklin Michelle, LLC and are protected by copyright, trademark, trade dress and other laws.
Limited License:
Franklinmichelle.com Web site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Franklin Michelle as a service to its current and prospective customers and visitors to the Web site and may be used only for personal informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Web site or any of its Materials without our aware prior written permission; (b) you may not access or use the franklinmichelle.com Web site for any competitive or commercial purpose; and (c) you may not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Franklin Michelle may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Franklin Michelle.
Trademarks:
Franklin Michelle retains all rights regarding their trademarks, trade names, brand names. These marks, names, and all associated logos or images, are registered and/or common law trademarks of Franklin Michelle and are protected by U.S. and international laws and treaties. No license to the use of such marks, names is granted to you under these terms and conditions or by your use of the franklinmichelle.com Web site. Your misuse of the trademarks displayed on the franklinmichelle.com Web site is strictly prohibited. You are also advised that Franklin Michelle will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
This Web site may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than Franklin Michelle. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with Franklin Michelle.
Special Notice:
Franklin Michelle has a no-tolerance policy regarding the use of our Trademarks and Trade Dress in metatags and/or hidden text. Specifically, the use of our Trademarks and Trade Dress in metatag keywords or in search engine tags or links is trademark infringement, and the use of our Trademarks in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on our Website is prohibited without our express written permission. Framing, inline linking or other association of our Website or its materials with links, advertisements and/or other information not originating from our Website is also prohibited. You are also advised that we will enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
User Submissions:
The Website may permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images ("User Submissions"). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Franklin Michelle does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.
By submitting User Submissions, you hereby grant to Franklin Michelle an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, Franklin Michelle shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. Franklin Michelle does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. Franklin Michelle reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms & Conditions, including without limitation, the Prohibited Uses of Website and Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.
Prohibited Uses of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Franklin Michelle, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
Notice of Copyright Infringement:
Franklin Michelle does not permit copyright infringing activities on the Website, and Franklin Michelle may remove any Materials if properly informed that any such Materials infringe on another's copyright rights. Express will terminate a user's ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer.
If you are a copyright owner or an agent thereof and believe that any Material (including any User Submission) infringes upon your copyrights, you may notify Franklin Michelle by providing the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
Identification of the location where the original or an authorized copy of the copyrighted work exists;
Identification of the Material (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Franklin Michelle to locate the same;
Information reasonably sufficient to permit Franklin Michelle to contact you, such as an address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that use of the Material (including a User Submission) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
Products:
All features, specifications, products and prices of products and services described on this Website are subject to change at any time without notice. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Comments:
All comments, feedback, suggestions, ideas, and other communications (collectively, "Comments") submitted or offered to Franklin Michelle in connection with your use of this Website shall be and remain property of Franklin Michelle. Franklin Michelle will be free to use any ideas, concepts, know-how, or techniques contained in any Comments you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Your Account:
You may choose to register with us through our Website and create an account (the "Account"). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.
Linking:
Periodically, links may be established from this Web site to one or more external Web sites or resources operated by unrelated third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the franklinmichelle.com Web site. These links should not necessarily be deemed to imply that Franklin Michelle endorses the Third Party Sites or any content therein.
Franklin Michelle does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Franklin Michelle will have no liability arising out of or related to such Web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Disclaimer:
THIS WEBSITE AND ALL CONTENT OF THE WEBSITE ARE PROVIDED TO OUR CUSTOMERS AND PROSPECTIVE CUSTOMERS "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER FRANKLIN MICHELLE OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. You acknowledge, by your use of the Website, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT WILL FRANKLIN MICHELLE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF FRANKLIN MICHELLE IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Jurisdiction:
No implication is made that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Franklin Michelle controls this Web Site from its offices within the State of New Jersey. The terms and conditions of this Website shall be governed by the laws of the state of New Jersey, without giving effect to its conflict of laws provisions.
Revisions:
Franklin Michelle may terminate, change, suspend or discontinue any aspect of this Web site, including the availability of any features of the Web site, at any time and without notice. Franklin Michelle also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Franklin Michelle may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web site after any changes to these terms are posted will be considered acceptance of those changes.
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