Terms, Conditions & Privacy Policy

Effective Date: January 05, 2017

Please read the following to learn more about our terms & conditions ("Terms") and privacy policy (“Privacy Policy”). The Privacy Policy and Terms apply to the use of the Services (as defined below), including by customers and other persons. Except as otherwise indicated, customers and other persons using the Services are individually and collectively referred to as “you”, “your” or “Customer”, and Essentials by Catalina and its subsidiaries and affiliates are referred to as, "Essentials by Catalina", "Sites", "we", "us" and "our." The family of Web sites operated by or on behalf of Essentials by Catalina (the "Services"), including, but not limited to, Web sites located at www.essentialsbycatalina.com, our blog(s), and any other Web site(s) owned and/or operated by Essentials by Catalina and any of their associated Web pages, are committed to implementing policies and procedures designed to protect your privacy and security, in addition to providing you with the best possible online experience. To achieve that goal, we want you to understand what kinds of information we gather from and about you, how this information is used, shared and safeguarded, and how you can control its use. In order to offer various products and services to our Customers, Essentials by Catalina needs to collect certain information as described in this Privacy Policy. By visiting our Site(s), you agree to these Terms & Condition and our Privacy Policy

Terms & Conditions

Electronic Communications

By signing up for an account and providing us with your email address, you expressly consent to receive emails from us and our partners. You may opt out of receiving these emails at any time by following the instructions in our privacy policy. You further agree that communications between us may be done electronically and are considered to be communications in writing. We may send you communications from us electronically, whether by email, posting notices on the website, or other electronic means. You agree not to send Personal Information (as defined in the Privacy Policy), such as addresses or credit card information, by email.

Hyperlinks

Some of the links we make available to you on the Sites will redirect you to leave the Site(s). We cannot guarantee that the hyperlinks set out on our Site(s) will be accurate in any respect. You agree and acknowledge that the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control, and that we cannot and do not monitor these third party websites. You agree that we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. You acknowledge that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of Internet users. These links are provided only for your convenience, and their inclusion does not constitute or imply our approval or endorsement of those sites or their content.

Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you are under 18, you may not use or access the Sites without the involvement of a parent or guardian over the age of 18.

Security

The Internet, being an open network, is not secure. If you choose to send us electronic communications via the Sites (whether by means of email or posted messages on the Sites), you recognize the inherent risk of such an open network. You agree that we do not, and cannot, guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, when we request that you provide us with Personal Information (as defined in our Privacy Policy), including credit card information, to complete a transaction or survey, or enter a contest, we use commercially reasonable security measures meeting industry standards to protect that information. Credit card information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions.

Your obligations and Rights with Respect to Content and Material Submitted by You

You may submit comments, reviews, posts, feedback, questions, answers, notes, messages, images, video, audio, materials, ideas, suggestions or other communications a user submits (“User Content”) on certain portions of the Sites, and submit other content or information to us. User Content is not private or proprietary. You agree that as a condition of permitting you to submit User Content to us, you grant us, our affiliates, and any sublicensees, a non-exclusive, irrevocable, royalty-free, worldwide, fully sublicensable, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media, software or technology of any kind now existing or developed in the future.

By submitting User Content, you represent and warrant that (a) you are its sole author, that it originated with you and was not copied in whole or in part from any other work, and/or that you own or otherwise control all the intellectual property rights to it; (b) if necessary, you have obtained all permissions associated with it, including without limitation permissions relating to intellectual property, rights of publicity and/or rights of privacy; (c) it does not contain hate speech or profanity, is not libelous, obscene, injurious to third parties, otherwise objectionable (as determined by us), or in violation of this Agreement; (d) that you are not a minor and have the legal right and capacity to enter into and comply with these terms; and (e) it is not composed of and does not contain software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You agree to use your own e-mail address to submit all User Content. Your submission of user content constitutes an agreement that you will defend, indemnify, and hold us harmless for all claims resulting from user content you supply.

You agree that if you violate any of these representations and warranties, we have the right, at any time, without notice and without limiting any and all other rights we may have in law or equity, to (a) refuse to allow you to submit further User Content; (b) remove and delete your User Content; (c) revoke your registration and right to submit User Content; and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name, and your password.

Subject to these terms and our Privacy Policy, your submission of User Content grants us permission, in connection with our use of User Content, to use your name, alias, and any other information (provided by you) for attribution purposes, and to share that information with our affiliates and on other Sites. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in such User Content. We are not responsible for the similarity of any of our content or programming in any media to User Content submitted by you. Any and all rights granted in this section are granted without the need for any compensation to you in any form. User Content does not reflect our views, and we do not represent or guarantee the truthfulness, accuracy, completeness, timeliness or reliability of any User Content, nor endorse or support any opinions expressed in any User Content.

You acknowledge that we do not regularly review posted User Content. You agree that we have the right (but not the obligation) to monitor and edit or remove any activity or User Content, and that under no circumstances shall we take responsibility or assume liability for any User Content posted by you or any third party.

We do not endorse, are not responsible for user content, and specifically disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on user content) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any user content provided through the sites.

Pricing and Product Description Accuracy

We make every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced due to administrative or other error. In the event of a pricing error, you agree that we shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

Press Releases

All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of our knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.

Claims Against Us to be Resolved by Arbitration

If you have a claim against us, you agree that it will be resolved by binding arbitration. Without your agreement to binding arbitration, we would be unable to provide our products and services to you on the same terms. Your agreement to binding arbitration means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be conducted and governed by the California Arbitration Act. You also agree not to bring a class action suit against us, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.

Our Right to Amend or Remove Policies

We have the right to modify, amend or delete any policy posted on the Sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.

Privacy Policy

Information We Collect From You:

Information we, our service providers and other third-parties, collect from you will vary, depending on how you use the Services and information you may choose to provide to us (whether through email, phone, internet or otherwise).

Personal Information

We, our service providers and other third-parties, may require Customers who visit the Services and/or purchase products on the Services to give us personally identifiable information (“Personal Information”). Personal Information is individually identifiable information about you, your friends and contacts, that we collect online, including, but not limited to, your full name, a user name and password, email address, phone number, physical address, financial information, and your credit card information and other billing information.

Automatic Collection of Information:

Like many Web sites on the Internet, we automatically track certain information about you as you visit and use our Services to help us (i) better understand, improve and modify the Services, (ii) better understand how the Services are used and experienced, and (iii) better understand how we can enhance your or others overall experience on one or more of the Services, including providing advertising and other information that is relevant to you. This tracked or automatically gathered information may include, among other things, your computer’s IP address (Internet Protocol address), browser type, the URLs and pages on the Services you’ve visited, sections of or content on pages on the Services on which you click or in which you are interested, the number of times you visit each page on the Services, what downloads and/or search queries you have made, and how long you spent on particular sections of the Services and on the Services generally. This automatically gathered data includes information provided through the use of "cookies", local storage, e-tags, log files and "clear GIFs" (described in more detail below). We do not link this automatically collected data to other information we collect about you.

Information From Cookies:

The Site uses cookies (small pieces of data we store for an extended period of time on your computer, mobile phone, or other device) to keep track of your shopping cart. We use cookies for other purposes such as to personalize the Site for you. You can reject cookies and still use the Site; however, it will disable the Site’s ability to recognize your cart, your account, and any personalization efforts.

Information from e-tags, Scripts and Clear GIFs:

We and our third-party service providers use e-tags and scripts in analyzing trends, administering the Web site, tracking users’ movements around the site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. Also, our third party partner may use technologies such as tags and scripts to gather information about your activities on this Web site and other sites in order to provide you advertising based upon your browsing activities and interests.

Also, we and our third-party service providers sometimes use "clear GIFs" in connection with cookies and other website functions and emails. Clear GIFs perform administrative functions (but without detracting from your online experience), including being used to perform statistical and administrative tasks such as measuring traffic on the Services and its Web pages, verifying advertising avenues and positioning images on the web, and allowing us to gauge the effectiveness of certain communications and email marketing campaigns by letting us know which marketing emails have been opened by you or other recipients. However, please note that clear GIFs do not collect Personal Information.

Use of Local Storage:

We use local storage, such as HTML5, to store content information and preferences. Various browsers may offer their own management tools for removing HTML5. Additionally, third-parties with whom we partner to provide certain features on our Web site or to display advertising based upon your web browsing activity also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.

How Your Information Is Used and Shared

Personal Information is generally kept for our use in assisting you in your current or future purchases or in analyzing sales trends. We do not sell, rent or provide your "Personal Information" to third parties, except as described below. The use and sharing of information about you depends on the context in which it is collected, as described below.

Personal Information

We may share the Personal Information we collect from you only with your consent, and personal information you provide about others, as otherwise outlined in this Privacy Policy, or under the following circumstances:

User-Requested Services and Information:

For information, features, products and services offered and/or provided by the Services, the information you submit is used by us to provide the information, feature, product or service you've requested, including being used for internal purposes such as tracking your order, analyzing your preferences, and noting trends and statistics. We may combine and supplement the information we collect about you, with information from third parties, and add it to your account information. This may include publicly available demographic information from the US Postal Service in order to verify your address so we can properly ship your order to you and to prevent fraud. We will use this information for the purposes disclosed in this Privacy Policy. We may also share this information with others, but Personal Information will be shared by us only to fulfill your request or to facilitate your use of the information, features, products or services, or as otherwise outlined in this Privacy Policy. When sharing Personal Information in such a manner, we may also share your Internet Protocol (IP) address. In addition, we may use and share any registration information that you submit as described in the “Registration Information” section below.

We may use other companies and individuals (1) to perform supporting functions for the various tools, functionality, information, products and services offered on or through our Services on our behalf, (2) to perform or support various tasks or initiatives instrumental to the business of, or related to operating or improving, the Services or (3) to assist us in testing, maintaining or improving the features, content or effectiveness of the Services or in performing research or development. These service providers (for example, credit card processing companies to bill you for goods purchased on the Services, email service providers to send out emails on our behalf, etc.) may be permitted to receive and use information collected from you or for internal purposes on an aggregated and/or anonymous basis (where you cannot be personally identified), but will not be authorized by us to use Personal Information for any other purpose other than in connection with performing the support functions for Essentials by Catalina or such other tasks, initiatives or assistance for Essentials by Catalina

User-Initiated Communication:

From time to time, portions of the Service(s) may enable you to send email and other types of messages to us and to participate in blogs, product reviews, and other discussion groups. All such emails, reviews, comments and messages, and all such postings to blogs and/or discussion groups, become our property once you submit them (please see our Terms for more details on this). Your Internet Protocol (IP) address may be included in any email that you send, whether to us or to third parties. Whenever you choose to initiate these kinds of communication with us, or anyone else, you may be contacted in return. Also, remember that our Services and blogs are open to the public, and, therefore, your postings can be seen by anyone and are therefore not protected by us or any other entity. Please use your own discretion when deciding whether and what to post and whom to contact. We reserve the right, in our sole discretion, to edit or delete postings from our Services, blogs, and discussion groups. This reservation of rights shall not under any circumstances obligate us to conduct such edits or deletions, nor shall it cause us to be liable for any such edits or deletions. To request removal of your personal information from our blog or community forum, please contact us at [email protected] In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Protection of Rights:

We may release Personal Information or other information we collect from you if we believe that such action is appropriate to: (1) comply with legal requests and processes; (2) enforce the Terms for the applicable Services; (3) identify, contact or bring legal action against persons or entities who are or we believe have caused or might cause injury to us or a third party; (4) defend or respond to claims brought or threatened against Essential by Catalina, its employees, directors, suppliers or service providers, users of the Services or others; or (5) otherwise protect or assert the rights, property, interests or personal safety of Essential by Catalina, its employees, directors, suppliers or service providers, users of the Services or others. Any such release decisions may be made by us in our sole discretion.

Record Keeping:

It may be necessary for Essentials by Catalina to keep records of certain Personal Information you have provided to us or which we have obtained from you in accordance with this Privacy Policy for business purposes, including but not limited to for internal accounting and administration, to supply you with information about your account, to respond to inquiries, to enhance customer service and product options, to improve product performance, promotions, and special offers where you voluntarily supplied your personal details, to administer sales records, to provide information about us, our products, services and special offers, and to analyze usage on our Services.

Registration Information:

The Personal Information you provide when you become a registered user of and create an account on one of the Services is used primarily to provide the information, features, products and/or services you purchase or request, to help us customize or enhance your or others’ online experience, and to increase the convenience of accessing new or existing tools, products and services on the Services. If applicable, this Personal Information may also be shared among the Services to make use of the Services more convenient by, for example, limiting the number of times you have to register with us. Your email address serves as a unique identifier in our record system, and together with your password, is designed to help us prevent unauthorized access to information you choose to store on the Services. The data you give us about your personal preferences and demographics (e.g., your age, ZIP code, or the like) may be used to help us offer tailored content, products, and services that we believe will be of interest to you. In addition, we may share this information, in aggregate or other protected forms (see the section entitled “Information We Collect From you: Personal Information,” above) or under confidentiality terms, with our current and/or future service providers so that either they or us can present and deliver products, functionality and services to you more effectively.

Promotions and Marketing:

Unless you specify that you'd prefer not to hear from us, if you provide your email address to us (whether on the Services or on a third party Web site) for promotional or other purposes at the time of registration or otherwise, we may use this to contact you for promotional or other purposes. You may have these communications terminated and opt out at any time by clicking on the “Unsubscribe” link contained in any promotional email or contacting us at [email protected] If applicable, please be aware that opting out on one of our Services, does not opt you out from any of our other Services unless that option is specifically provided. Please note that despite unsubscribing from such communications, Nasty Gal may still contact you in relation to your order(s), purchase(s) or any issues relating any business you conduct with Essentials by Catalina. Please note that in certain instances, your name and/or email address may have been provided to us through our friend referral program. In this case, we may contact you via a one-time email. We store this information for the purpose of sending this one-time email and other internal purposes, including but not limited to tracking the success of our referral program. You may contact us at [email protected] to request that we remove your information from our database.

Internet Protocol (IP) Address:

When sharing Personal Information in accordance with this Privacy Policy, we may also share your Internet Protocol (IP) address.

Non-personal Information

Automatically Gathered Information:

Information that is automatically gathered, including through the use of cookies (as defined above), may be shared among the Services, if applicable. It may also be shared with other third parties, including service providers and others, so that we may better understand how the Services are used, to enhance the overall experience on the Services, and otherwise in connection with our operation of the Services and conducting related business. When such information is shared with third parties, any Personal Information will be included only if first put in aggregated or other protected form (see the section entitled “Information We Collect From You: Personal Information,” above) or the third party is contractually restricted from using such Personal Information for any purpose other than in connection with the purpose for which it was shared by Essentials by Catalina.

Social Media Features

Our Services include social media features, such as the Facebook “Like” button. These features may collect your IP address, which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. Social media features on our Services are either hosted by a third party or directly on our Services. Your interactions with these features are governed by the respective privacy policy of the company providing such feature(s).

Our Commitment to Children's Privacy

Protecting the privacy of the very young is especially important. For that reason, we do not collect or maintain information from those we actually know are under 13, and no Site is structured to attract anyone under 13. If you are under the age of 13 you should not register or provide information on our Sites. If you have knowledge that a child under the age of 13 has submitted Personal Information to us, please email [email protected]

Our Commitment to Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing, using commercially reasonable security measures.

It is important for you to protect against unauthorized access to your password and computer. You should be sure to sign off after using a shared computer.

Effective Date and Modifications

The Terms and Privacy Policy are effective as of the date first written above. We reserve the right to update, change, modify or otherwise alter this Privacy Policy and Terms at any time.  If any material changes are made to the Privacy Policy and Terms, Essentials by Catalina will notify you by posting the revised Privacy Policy and Terms on the Services or notifying you through the Services prior to the change becoming effective.  ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THIS PRIVACY POLICY AND TERMS.  Accordingly, we encourage you to periodically review this Privacy Policy and Terms and the Services in order to keep apprised of our current privacy practices. If you do not want to be bound by this Privacy Policy or Terms, do not use or access any part of the Services.

Contacting Us

If you have concerns about this Privacy Policy or our privacy practices in general, contact us at:

Privacy Administrator
Legal Department
Essentials by Catalina
12781 Temescal Canyon Road
Corona, CA 92883
Email: [email protected]