Terms of Use & Privacy Policy
Terms of Use
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Westman Atelier, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of westman-atelier.com, including any content, functionality, and services offered on or through westman-atelier.com (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found below at https://www.westman-atelier.com/pages/terms-of-use-privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Please read the following terms and conditions (the “Terms of Use”) carefully before using this website. These Terms of Use and the information provided herein in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein.
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. Children under 18 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 18, we will take appropriate steps to delete it. If you are under 18, you should use the website only with involvement of a parent or guardian.
Changes to the Terms of Use
We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the Website. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. You are responsible for reviewing the Terms of Use periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms of Use. Any access or use of the website by you after revisions or additions to these Terms of Use shall constitute and be deemed to be your acceptance of such revisions or additions. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, https://www.westman-atelier.com/pages/terms-of-use-privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Please be aware that as you visit and navigate this website your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights
For International Website Users: The website is hosted in the United States and is intended for and directed to users in the United States. By using this website you are subjecting yourself to the laws and jurisdiction of the United States.
Trademarks
You may not use any of the Westman Atelier trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Westman Atelier name and logos, products, slogans, and other graphics, logos, page headers, button icons, scripts, and service names of Westman Atelier's products, services, and programs. Any other trademarks that appear on our website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates. Copyright
All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, as well as the software used to create them, are owned or licensed by Westman Atelier and/or its affiliates and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, are strictly prohibited unless you first obtain our prior written consent. Linked Third Party Sites
You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from this website to third-party websites, applications and services, and third-party websites may link to the website (“Linked Sites”). Linked Sites are not operated, controlled or maintained by us, and you acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval or sponsorship thereof. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences. Non-Confidential Information
Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any user content for any reason or no reason. Errors and Inaccuracies
We always try to provide complete, accurate, up-to- date information on our website. Unfortunately, despite those efforts, human or technological errors may occur. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged, and to change or update information at any time without prior notice. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account. Although we make every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the display settings and device of the user, and we cannot guarantee that your electronic device will accurately portray the actual colors of the products. Orders
You may order products from the website only if you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the website may be subject to additional terms and conditions presented to you during such purchase or download. Nothing contained on the website shall constitute a binding offer to sell any products displayed herein and all orders are subject to our acceptance. Any time after receipt of your order, we may, in our sole discretion, accept or decline all or part of your order or any future orders. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. You may not purchase our products for resale purposes. By making a purchase from the website, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to collect on any unpaid debt, to operate our fraud prevention program and to obtain credit card authorization. Products listed on the website are not guaranteed to be available as products may not be in stock, or may be low in stock, when an order is completed. Prices displayed on the website are quoted in USD and are valid and effective only in the U.S.
Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on westman-atelier.com. All purchases from www.westman-atelier.com are made pursuant to the terms and conditions found on the website. Risk of loss and title for items purchased from the website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
Registration
Using certain features on this website may require creating an account (“Account”) and submitting personal information (including creating a username and password used to access the Account). The website’s information collection and use policies are set forth in the website’s Privacy Policy, which is incorporated herein by reference. You agree to provide only true, accurate, current and complete information.
You agree to accept responsibility for all activities that occur under your Account, if any, and agree you will not sell, transfer or assign your Account or any rights associated with your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portions of the website using your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the website for any reason.
Disclaimer of Liability and Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "as is," with all faults. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of the website, or your downloading or uploading of any materials, data, text, images, video, or audio from or to the website. If you are dissatisfied with the website, your sole remedy is to discontinue using the sites.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Indemnification
You agree to defend, indemnify, and hold harmless us, our subsidiaries, affiliates and vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with your use of the website including, but not limited to, (i) your violation of these Terms of Use, (ii) any allegation that any information on material submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your Account. Prohibited Uses
The website may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the website, purchasing products, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the website.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use including posting or providing any information which is incomplete, false, inaccurate or not your own
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website. Security
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the website, including, without limitation, the following:
Accessing data not intended for you or logging on to a server or account, which you are not authorized to access
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
Attempting to interfere or interfering with the operation of the website, our provision of services to any other visitors to the website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding”, “mailbombing” or “crashing” the website; and
Forging any TCP/IP packet header or any part of the header information in any e- mail or transmission to the Web Site. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy, https://www.westman-atelier.com/pages/terms-of-use-privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
Geographic Restrictions and Applicable Law
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
By visiting our website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our website.
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the website. You may not assign the Terms of Use or any of your rights or obligations under the Terms without our express written consent. The Terms of Use inure to the benefit of our successors, assigns and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect Privacy Policy
Westman Atelier, LLC (“Westman Atelier”, “we”, “our”, “us”, and the “Company”) and its subsidiary and affiliate companies respect the privacy rights of its online visitors (“you” “your”, “yours”) and is committed to protecting the privacy and security of your Personal Information (defined below). We recognize the importance of protecting the information collected about them. This privacy policy (the “Policy”) describes how we collect and use Personal Information about you during and after your working relationship with us.
This Policy describes the types of information we may collect from you or that you may provide when you visit the website westman-atelier.com (our "Website") or any of the Company’s social media pages (“Social Media Pages”) and our practices for collecting, using, maintaining, protecting, processing, and disclosing that information. We are required under data protection laws to notify you of the information contained in this Policy.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat your personal information. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Policy. This Policy may change from time to time. Your continued use of this Website after we make changes to the Policy is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
This policy applies to information we collect:
On this Website, including that information which is voluntarily provided.
In email, text, and other electronic messages between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
Us offline or through any other means, including on any other website operated by Company or any third party, including our affiliates and subsidiaries; or
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website
Types of Information We Collect and Why
Personal information is any information about an individual from which that person can be identified (hereinafter “Personal Information”). Personal Information does not include deidentified, anonymous, or aggregated data.
We may collect, store, process, and use the following categories of Personal Information about you:
We collect Identifiers (such as name, postal address, email address, and IP address) when you interact with our Website in a number of ways, including: placing an order through the Website; establishing an account; adding information to your account, creating address entries, emailing an item to yourself or someone else; entering a contest or sweepstakes; taking a survey; contacting us with a comment or question; and signing up to receive emails about our Products and services.
We collect Financial Information (information collected from you as needed to process payments, such as your credit or debit card number, expiration date, and card verification number) when you voluntarily provide us with this information. We use that information to fulfill Orders, to fulfill your requests, and to contact you or the product recipient(s) in the event of order or delivery difficulties.
We collect Commercial Information (such as records of products or services purchased, obtained, or considered) when you voluntarily provide us with this information. We use that information to fulfill Orders, to fulfill your requests, to contact you or the product recipient(s) in the event of order or delivery difficulties, and to send communications regarding our Products, services, and promotions.
We collect Classification Information (demographic information, such as birth date, age, and gender) when you establish an account or take a survey.
We collect Physical Characteristic information, such as hair type and color, skin type, eye color, and images of physical appearance. We use that information to counsel our customers on appropriate products.
We collect Network Activity Information (such as browsing history, time zone, search history, information about your internet connection, cookies installed on your device the equipment you use to access our Website, and usage details such as individual web pages or products or Services that you view, what Websites or search terms referred you to the Website, and information regarding a consumer’s interaction with an Internet Website, application, or advertisement) in order to see which areas of our Website are most visited and to improve the quality of your online experience by providing more of the most visited and desired features and services.
We may make Inferences drawn from any of these Personal Information categories to create for your reflecting your preferences, characteristics, psychological trends, predisposing, behaviors, attitudes, intelligence, abilities and/or aptitude.
That is about you but individually does not identify you, such as location data and the date and time of your visit to the Website.
How is your Personal Information collected?
We collect Personal Information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.
From third parties, for example, our business partners.
Information You Provide to Us
The information we collect on or through our Website may include:
Information that you provide by using our Services on our Website. This includes information provided at the time of using the Services or requesting further Services. We may also ask you for information when you fill out a survey, enter a contest or promotion sponsored by us, and when you report a problem with our Website.
Records and copies of your correspondence (including email addresses) if you contact us.
Your search queries on the Website.
From third parties, including our business partners
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include Personal Information. This helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. Westman Atelier's cookie window, or cookie duration, time frame is 120 days from the initial click.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or you provide to us.
How We Will Use Information About You
We use information that we collect about you or that you provide to us, including any Personal Information:
To present our Website and its contents to you.
To provide you with information or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account.
To notify you about changes to our Website or services we offer or provide though it.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
Change of Purpose
We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may also use your information to contact you about our opportunities that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box in your account on which we collect your data. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
We sometimes provide financial incentives to consumers who share Personal Information. Most often, this occurs in the form of sharing your email address with us in exchange for a discount on your first order. We will not discriminate against you for exercising any of the rights described above. Specifically, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
Provide you with a different level or quality of goods or
Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
When and Why Westman Atelier Discloses Personal Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose Personal Information that we collect or you provide as described in this Policy:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about our Website users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your Personal Information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of use (https://www.westman-atelier.com/pages/terms-of-use-privacy-policy) and other agreements.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our advisors and advisees, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We share your personal information with certain outside companies for our own business and operational purposes, as follows.
We share Identifiers (such as name, postal address, email address, and IP address) with companies that assist us with our Website and our e-commerce business. Some examples of the assistance that may be provided to us by these companies include: conducting surveys, administering and sending mobile messages, and administering emails.
We share Financial Information (information collected from you as needed to process payments, such as your credit or debit card number, expiration date, and card verification number) with companies who fulfill orders and process payments for us.
We share Commercial Information (such as records of products or services purchased, obtained, or considered) with companies who monitor and manage your orders, provide electronic online investor information, provide advertising or marketing services, and provide analytics services.
We share Network Activity Information (such as browsing history, search history, and information regarding a consumer’s interaction with an Internet Website, application, or advertisement) with companies who operate or manage the Website, monitor site activity, provide fraud prevention services, provide advertising or marketing services, and provide analytics services.
We may also disclose specific information about you if required by applicable law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of the Website, the Website itself, or the public. Additionally, if Westman Atelier were ever merged with, be acquired by or acquire another business entity, some or all of the personal information collected about you could be shared with this entity, as well as be retained by Westman Atelier. In that event, we will make reasonable efforts to have your privacy preferences honored.
Please be aware that some of the companies that we share information with will be located outside of the United States.
Pages That Westman Atelier Has On Social Media Sites
Personal information may be collected directly by the Website through Social Media Pages and may also be collected by the social media site hosting Westman Atelier’s Social Media Page.
The social media sites where Westman Atelier has its Social Media Pages may provide aggregate information and analysis to Westman Atelier about visitors’ use of our Social Media Pages. This allows us to better understand and analyze our user growth, general demographic information about the users of our Social Media Pages, and interaction with content on our Social Media Pages. Overall, this information may be used to help us understand the types of visitors and users of our Social Media Pages and their use of the content.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located in your account or on a form where we collect your data. You can also always opt-out by logging into the Website and adjusting your user preferences in your account profile checking or unchecking the relevant boxes or by sending us an email with your request to care@westman-atelier.com
Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located in your account or on the form where we collect your data or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to care@westman-atelier.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a service, experience, or other transactions.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an email stating your request to care@westman-atelier.com. For this opt-out to function, you must have your browser set to accept all browser cookies.
You can opt out of targeted advertising by Facebook by visiting https://www.facebook.com/settings/?tab=ads
You can opt out of targeted advertising by Google by visiting https://www.google.com/settings/ads/anonymous
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal: http://optout.aboutads.info/.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
Updating your Personal Information
We prefer to keep the personal information of users who have created an online account accurate and up-to-date. To do this, we provide you with the opportunity to update or modify your personal information, including your billing address and preferred shipping information. You can log-on to your account with your email address and password, and you will see a menu where you can update your information. Privacy Of Children On Our Website
Westman Atelier does not knowingly collect or use any personal information from children under the age of 16. No one under the age of 16 may provide any information to or on the Website. If you are under 16, do not use or provide any information on this Website, or on or through any of its features, do not make any purchases through the Website, do not use any of the interactive features, or provide any information about yourself. Westman Atelier does not sell Products for purchase by children under the age of 16 and all children’s Products are for purchase by adults only. No information should be submitted to the Website by visitors less than 16 years of age. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at care@westman-atelier.com. Links
For your convenience, the Website may contain links to other websites that are not under our control. We are not responsible for them and this policy does not apply to those websites or any other companies that we do not own or control. The Website does not evaluate and is not responsible for the privacy practices or the content of such websites. We encourage you to seek out and read the privacy policies on each linked site to ensure that you are comfortable with the other websites’ privacy policies and practices. Your California Privacy Rights
Westman Atelier collects different types of personal information about you online and offline, as described in this privacy policy. California law permits customers of Westman Atelier who are residents of the State of California to request certain information regarding Westman Atelier’s disclosure of such personal information during the prior calendar year, in addition to the names and addresses of the third parties that received such personal information during the prior calendar year for their direct marketing purposes or, if not feasible, examples of the products and services marketed by such third parties. If you would like to make such a request, please send us a letter at the following address: 425 N Broadway, PO Box 757
Jericho, NY 11753, or send us an email to care@westman-atelier.com with the words “California Privacy Rights” in the subject line. Processing Your Personal Information
Legal Basis for Processing Personal Information under GDPR
The Company may both control and process your Personal Information under the following conditions:
Consent: You have given your consent for processing Personal Information for one or more specific purposes.
Performance of a contract: Provision of Personal Information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation to which the Company is subject.
Vital interests: Processing Personal Information is necessary in order to protect your vital interests or of another natural person.
Public interests: Processing Personal Information is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
Legitimate interests: Processing Personal Information is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of your Personal Information and to guarantee you can exercise your rights. You have the right under this Privacy Policy, and by law if you are within the EU, to:
Request access to Your Personal Information. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Information we hold about you.
Request correction of the Personal Information that We hold about You. You have the right to have any incomplete or inaccurate information we hold about you corrected.
Object to processing of Your Personal Information. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Information on this ground. You also have the right to object where we are processing your Personal Information for direct marketing purposes.
Request erasure of your Personal Information. You have the right to ask us to delete or remove Personal Information when there is no good reason for us to continue processing it.
Request the transfer of your Personal Information. We will provide to you, or to a third-party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw your consent. You have the right to withdraw your consent on using your Personal Information. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the service.
Updates to Privacy Policy
As we continue to offer our visitors new and different types of content and services, the Website may modify our information collection, use, or disclosure practices. Should there be a material change to our information collection, use or disclosure practices, it will be applied only to information collected on a going forward basis, and we will update this privacy policy statement accordingly. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes. Special Cases
We reserve the right to disclose your personal information in special cases in which we have reason to believe that disclosing such information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website users, or anyone else who could be harmed by such activities. We may disclose your personal information without notice to you in response to a subpoena or when we believe in good faith that the law permits it or to respond to an emergency situation. Specific areas or pages of the Website may include additional or different provisions relating to collection and disclosure of personal information. In the event of a conflict between such provisions and this privacy policy, such specific provisions will apply. Security Statement
We operate secure date networks provided by industry standard firewall and password protection systems to protect against the loss, misuse and alteration of information under our control. While we use reasonable efforts to safeguard the confidentiality of your information, we cannot guarantee that data will always remain secure due to transmission errors, outside events, third party hacking or other causes. We will comply with all privacy laws and make any legally required disclosures regarding breaches of the security, confidentiality or integrity of personal data consistent with our ability to determine the scope of a breach and our obligations to law enforcement. Westman Atelier limits the number of employees that have access to the databases that contain personal data, and Westman Atelier employees are advised of the importance of confidentiality. In addition, it is our policy to never send your payment card number via email. As an added safeguard, the Website does not collect and store payment card information. Questions/Contact Us
If you have any questions, comments or concerns regarding our privacy practices, please email us at care@westman-atelier.com. Mobile Terms of Use
The Westman Atelier mobile message service (the "Service") is operated by Westman Atelier (“Westman Atelier”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Westman Atelier’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Westman Atelier through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Westman Atelier. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18554870081 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Westman Atelier mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance email care@westman-atelier.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
