You Agree To Submit Any and All Disputes Arising from or Relating to This Agreement or Your Use of this Text Message Service To Binding Individual Arbitration, And You Agree To Give Up Any Right To Represent Other Persons In A Class Action or Similar Proceeding.
Ralph Lauren Corporation (“Ralph Lauren”), including its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, and Vibes Media LLC (“Vibes”) including its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, (Ralph Lauren and Vibes will together hereinafter be referred to as “us” or “we”) and you agree that any and all disputes or claims relating in any way to any dispute of any nature between you and one or both of us, including but not limited to disputes under the Telephone Consumer Protection Act, and including but not limited to disputes concerning the scope or applicability of this agreement to arbitration (“Disputes”), as well as questions as to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective or before you were put on notice of the applicability of this Arbitration Agreement, will be resolved in a confidential, individual arbitration process, and not in court. The only exceptions to this arbitration agreement are that (i) each of you and we retain the right to sue in small claims court and (ii) each of you and we may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, and federal arbitration law apply and govern the interpretation and enforcement of this Arbitration Agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2711 Centerville Road, Wilmington, DE 19808. During the first 45 days after we receive your notice (the “Pre-Arbitration Period”), we may try to reach a settlement of the dispute. If we do not resolve the dispute ourselves within the Pre-Arbitration Period, you may commence arbitration. The arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the appropriate JAMS rules as determined by JAMS or agreed to by the parties, as modified by this Agreement. The JAMS Rules are available at http://www.jamsadr.com/ www.adr.org or by calling 1-800-352-5267.
Arbitration firms ordinarily charge fees to both sides to conduct arbitrations. The claimant in arbitration heard by JAMS has to pay $250 to start a case, whether the claimant wins or loses. In the event you commence arbitration for an amount less than $10,000, after we receive notice that you have done so, we will reimburse you for your payment of this filing fee and we will pay JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator’s services, pursuant to the JAMS Rules. We will not seek to recover the filing fee we reimbursed to you unless the arbitrator determines that you brought your claim frivolously or for an improper purpose.
Each of us may incur attorneys’ fees during the arbitration. Each of us will bear our own attorneys’ fees, except in the following circumstances. If applicable law permits a prevailing party to recover attorneys’ fees, the prevailing party may seek fees as applicable law permits. If applicable law does not permit a prevailing party to recover its attorneys’ fees, but you prevail in the arbitration and win an award at least 25% greater than our highest pre-arbitration settlement offer, then we will pay your reasonable attorneys’ fees for time reasonably expended at rates that prevail for attorneys in your home county, in an amount not to exceed the greater of $10,000 or 20% of the arbitrator’s damages award to you. If we prevail in the arbitration, we will seek to recover our reasonable attorneys’ fees and reimbursement of arbitration costs only if applicable law permits a prevailing party to see fees or if the arbitrator finds that you brought a claim frivolously or for an improper purpose and applicable law does not preclude us from seeking our fees and costs.
The arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both parties pursuant to the JAMS Rules.
If your claim is for $10,000 or less, we agree, pursuant to the JAMS Rules, that the dispute should be resolved without an oral hearing, unless the arbitrator requests otherwise. If your claim is for more than $10,000, the manner and place of the hearing will be determined in accordance with the JAMS Rules.
Regardless of how the arbitration proceeds, the arbitrator shall issue a written decision explaining his or her findings and conclusions. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
CLASS ACTION WAIVER: NO CONSOLIDATION OF ARBITRAL CLAIMS
We agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order us to pay any monies to or take any actions with respect to persons other than you, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless we both agree in writing, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and we each irrevocably consent to the exclusive jurisdiction of the courts located in New York County, New York.
POLO RALPH LAUREN FACTORY STORES – US AND CANADIAN WEBSITE AND STORE PRIVACY NOTICE
Ralph Lauren Corporation
WEBSITE, STORE AND RESTAURANT U.S. PRIVACY NOTICE
Last modified: January 3, 2019
Ralph Lauren Corporation and its affiliates (collectively, “Ralph Lauren”) respect your concerns about privacy. This Privacy Notice applies to personal information we collect (i) on this website, (ii) at Ralph Lauren Stores, Ralph Lauren Factory Outlet Stores (collectively, the “Stores”), and (iii) through the other channels described below. Ralph Lauren is responsible for this website.
The Privacy Notice describes the types of personal information we collect on this site, in our Stores, and in other ways discussed below, how we may use that information, with whom we may share it and the choices available regarding our use of the information. The notice also describes the measures we take to protect the security of the personal information and how to contact us about our privacy practices.
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.
You may be able to purchase Ralph Lauren 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. 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.
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 to email your list to your desired recipients. You can create and save an address book on your account, you also can delete entries in the 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.
You may be able to sign up on this site to receive electronic newsletters and promotional emails from Ralph Lauren, 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. 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.
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 may send you autodialed marketing text messages about our products, services and promotions. It is your responsibility to notify Ralph Lauren in the event that you disconnect your mobile number or change carriers. 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 89448. You will receive one additional text message, confirming that your request has been received. 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. Ralph Lauren 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. Ralph Lauren is not responsible for these charges. Message frequency varies per month. Consent is not a condition of purchase. Autodialed marketing messages will be sent to the mobile number you provide at opt-in. Message and data rates may apply. Text HELP to 89448 for help. The wireless carriers are not liable for delayed or undelivered messages.
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 as a commenter.
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 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.
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 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 Collected by Automated Means
We obtain certain information by automated means when you visit our website, such as through cookies, web beacons, and web server logs. The information we collect in this manner includes the IP address of the device you use to connect to the internet, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, dates and times of website visits, 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. 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.
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 certain cookies or refuse them, you will not be able to make purchases on the site. Our website is not designed to respond to “do not track” signals received from browsers.
Certain pages on this website and emails we sent you contain “web beacons” (also known as internet tags, pixel tags, and clear GIFs). Web beacons are used, for example, 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 use information collected through these automated means for purposes such as (i) customizing our users’ visits to our website, (ii) delivering content and advertisements tailored to our users’ interests and the manner in which our users browse our sites, and (iii) managing our sites and other aspects of our business. To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.
We also 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 learn about data collected by Adobe Analytics and Google Analytics and your choices with respect to these services, please click below:
We may collect information about your online activities on our website to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites and apps on which our ads are served. This section of our Privacy Notice provides details and explains how to exercise your choices.
You may see certain ads on other websites and apps because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based, and contextual means. These partners track your online activities over time and across websites and apps by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites and apps that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites or apps. This data collection takes place both on our website and on third-party websites and apps that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. For example, we utilize Netmining’s targeted advertising services to show you our ads on other websites based on your prior visits to our site and other online activity. You can opt out of this feature by clicking below:
To learn how to opt out of ad network interest-based advertising generally in the U.S., please visit both www.aboutads.info/choices and http://www.networkadvertising.org/choices/.
Here are some of the ways we collect personal information in our Stores and a description of how we use the information:
When you buy products or obtain services in our Stores, we ask you for information we need to process your purchase or provide you with the services you requested. Depending on the payment method you use, and as permitted by applicable law, we may ask for information such as your name, mailing address, telephone number, driver’s license or ID number, passport number, and checking account information or payment card information. We also collect information about your purchase (such as the items you bought, the price of the items, the payment method you used, and if the product was on sale) to provide our products and services and communicate with you.
You may join our Customer Registry at our Stores. To join, we ask for your name, postal address, email address, and mobile and home telephone numbers. You also may choose to provide us with your birth date and gender. We use this information to communicate with you about our products, services and promotions, and for other marketing and Customer Assistance purposes.
Customer Satisfaction Surveys
When you buy products or obtain services in our Stores, we may ask you to complete a customer satisfaction survey. In submitting a survey, you may provide information such as your name, email address, telephone number, age, gender, and other demographic information, in addition to your comments. Providing any of this information is optional. We use the information you provide to improve our products and services, and enhance your shopping experience.
Ralph Lauren Credit Card
OTHER WAYS WE COLLECT PERSONAL INFORMATION
In-Store Wi-Fi Data Collection
In certain Stores, we use a service that analyzes Wi-Fi signals from mobile devices to measure Store occupancy and to identify customer traffic patterns in the Store. The service determines the location of a smartphone or wireless device by observing Wi-Fi or Bluetooth signals that are broadcast from that device. Individual devices are identified by device identifiers. For the service to collect information from your device, the device’s Wi-Fi must be turned on while you are in the Store. If your device’s Wi-Fi function is enabled, you will receive a pop-up message that asks whether you agree to allow your device’s Wi-Fi data to be collected while you are connected to the in-Store Wi-Fi network. The service provider that collects information from mobile devices in our Stores hashes the device identifiers before using them for analysis purposes. The service provider’s reports to us contain only aggregated statistics about visitors to the Store. If you change your mind after agreeing to allow your device’s Wi-Fi data to be collected, you can opt out by turning off your device’s Wi-Fi function or by clicking below:
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.
You may call our Customer Assistance 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.
Ralph Lauren Restaurants and Bars
When you make a reservation at a Ralph Lauren restaurant or bar, including RL Restaurant and The Polo Bar, we ask you to provide your name, telephone number, and email address. In connection with your reservation, you may choose to provide additional personal information such as food allergies and information about others. We use this information to communicate with you, to process your reservation, and to enhance your experience at our restaurants and bars. When you visit a Ralph Lauren restaurant or bar, we may ask you to provide contact information so that we can communicate with you about our products, services, promotions, and special events or process your request. If you communicate with us through the “Contact Us” link on the RL Restaurant’s website, we ask you for personal information such as your name, telephone number, email address, ZIP code, and other information you may choose to provide. We use this information to communicate with you about your questions and comments. In addition, if you order a gift certificate for the RL Restaurant, we ask for your name, telephone number, shipping address, and payment card information to process your order.
Reservations at our restaurants and bars may be made through third-party reservation platforms. We are not responsible for the content of any third-party platforms that are not affiliated with us, any use of these platforms, or the privacy practices of the operators of these platforms.
Our products are available for sale in many department Stores. This Privacy Notice does not address the information practices of department Stores in which our products are sold. Department Stores may have their own privacy notices or policies, which we strongly suggest you review when you provide them with your personal information. We are not responsible for the department stores’ personal information practices.
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 Ralph Lauren 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 of a potential or actual sale or transfer of all or a portion of our business or assets. . 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 Ralph Lauren. 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 Ralph Lauren, any use of those sites, or the privacy practices of those sites.
How We Protect Personal Information
We maintain administrative, technical, and physical safeguards designed 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 offer you certain choices about how we communicate with you and what information we collect from you. To update your preferences, limit the communications you receive from us, or submit a request, please contact us as specified in the “How to Contact Us” section below. Where provided by law, you may withdraw your consent previously provided to us, and we will apply your preferences going forward. You can choose not to receive marketing communications from us by clicking on the unsubscribe link in our marketing emails, select ‘Click to Unsubscribe’ from your profile after signing into your account, or contacting us as specified in the “How to Contact Us” section below. Please include your name, email address and postal address if you send us your request by email or postal mail.
If you are a California resident, you may ask us to refrain from sharing your information with certain of our affiliates and other third parties for their marketing purposes. See the “Notice to California Residents” section below for additional information.
Notice to California Residents
Subject to certain limits under California law, California residents may ask us to provide them with (1) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (2) the identity of those third parties. To make this request, California residents may contact us as specified in the How to Contact Us section below:
This website is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 on the site. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on this site, we will delete the information from our records.
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 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.
How to Contact Us
If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us as indicated below:
Ralph Lauren Corporation
Attention: Chief Privacy Officer
c/o Legal Department
625 Madison Avenue
New York, New York 10022