Announcement
Privacy Policy
Terms of Use
Announcement
of Use
On July 7, 2006, certain WearEver affiliates entered into an agreement (the "Agreement") to sell substantially all of the WearEver business (the "Property") to Lifetime Brands, Inc. ("Lifetime"). The sale of the WearEver business (the "Sale") is subject to, among other things, higher and better offers and must be approved by the United States Bankruptcy Court for the District of Delaware (the "Court"). A hearing on the Sale will take place on August 8, 2006 before the Court. Lifetime has agreed (and any party who wishes to submit a competing bid to purchase the Property must also agree) that it will comply with all federal and state privacy laws and with the Privacy Policies stated below, to the extent that such policies conform to federal and state privacy laws. A copy of the Agreement may be accessed at www.bsillc.com.
Privacy Policy
The WearEver Company ("WearEver," "we," or "us") created this Privacy Policy to disclose our information gathering practices for the website under the domain name of www.wearever.com (the "Site"). It does not apply to information we may collect from other sources. Please read this Privacy Policy carefully, as it describes the information that WearEver collects from you as part of WearEver's normal operation, and describes what may happen to that information.
What we collect
We aggregate both anonymous and personal data. What we collect depends on what you do when you use our web site and on what personal information you elect to give us.
Anonymous data
We collect anonymous data when you visit our site, including your internet address, the time of your visit and the pages that you view. We may use cookies, which are small bits of information that your web browser may allow our server to collect and store on your computer. We use this information to anonymously track your visit to our site and improve the performance of our site and enhance your web browsing experience. You can disable cookies (consult support information from your browser's publisher), but if you disable cookies, it may negatively affect the experience of your visit to our site.
We store information that we collect through cookies, log files, and/or clear gifs to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Collected information is sometimes tied to the users' personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to our Web site, and to direct pertinent marketing promotions to them. We take commercially reasonable steps to secure this information from access by unauthorized third parties, and we do not intentionally share your profile with other third parties.
Personal information
If you wish, you can provide us with personal information about yourself by using the contact forms and email addresses on this site. This information includes your name, email address and phone number. We only collect this information directly from you and only when you elect to provide it. Personal information about you is only used to conduct business with you. If you desire at any time that we no longer contact you based on information you have provided to us, you can contact us at the contact points specified below and requested that you no longer be contacted, and we will make commercially reasonably efforts to timely fulfill that request.
Profile
We store information that we collect through cookies, log files, and/or clear gifs to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to the users personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to our Web site, and to direct pertinent marketing promotions to them. We do not share your profile with other third parties.
What we share
We DO NOT sell or lease any aggregate non-personably identifiable data or personal information about our visitors with or to any third party companies or individuals. We may disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on WearEver or its web sites; (b) protect and defend the rights or property of The WearEver Company or (c) act to protect the personal safety of the employees of The WearEver Company and other users of the web site. We take commercially reasonable steps to ensure the security of out website and the information we collect about you.
What we use
"Cookies" and JavaScript
We may use cookies. Web cookies are small bits of information that your web browser may allow our server to store on your computer. We use this information to anonymously track your visit to our site. Even if you elect to give us personal information, that information will never appear in the cookies. We may use both session ID cookies and persistent cookies. For the session ID cookies, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. You can disable cookies (consult support information from your browser's publisher). If you disable cookies, your visit to our site will not be significantly effected though, from time to time, we may provide special features that require the use of cookies.
JavaScript is a programming language that's used to automate certain web features such as buttons that light up when you select them and menus that expand as you use them. We may use JavaScript to enhance our web site and to assist in the tracking of anonymous data. If you disable JavaScript, many of the features on our web site may not work.
Web Beacons (Clear Gifs)
Certain WearEver web sites may also contain electronic images known as Web beacons, or clear gif technology, that can be used to assist in determining what content is effective on the web site. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movement of Web users. The main difference between the two is that clear gifs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Web beacons are not used to access your personal information. They are a technique used to compile aggregate statistics about usage of WearEver web sites. Web beacons collect a limited set of information including a cookie number, time and date of a page view and a description of the page on which the Web beacon resides.
Clear Gifs can "work with" existing cookies on a computer if they are both from the same Web site or web marketing/customer service company. That means, for example, that if a person visited "www.companyX.com", which uses a web marketing company's clear gif, the Web site or web marketing company would match the clear gif's identifier and the web marketing company's cookie ID number, to show the past online behavior for that computer. This collected information would then be given to the Web site.
In addition, we may use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If users would like to opt-out of these emails, please see the Opt-out section.
Log Files
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses are tied to personally identifiable information to enable our Web-based service.
Use of Personal Data
Personal information provided by users who are 13 or more years of age may be used for marketing and promotional purposes only by The WearEver Company and its subsidiaries and affiliates. WearEver does not rent, sell or otherwise distribute to third parties, your personal information entered on this site. While we use all reasonable efforts to safeguard the confidentiality of your information, WearEver will have no liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties.
Children's Privacy
We believe that protecting the privacy of children is very important. Our web sites are not designed to attract individuals under the age of 18. In accordance with the Children's Online Privacy Protection Act (COPPA), we do not collect or store any personal information, even in aggregate, about children under the age of 13. If we discover we have received any information from a child under the age of 13 in violation of this policy, we will delete that information immediately. If you believe that The WearEver Company has any information from or about anyone under the age of 13, please contact us at the contact points specified below.
Linked Sites
Our web site may contain links to various other web sites. WearEver assumes no responsibility for the content or practices of web sites linked through our web site and such linking should not suggest or imply any affiliation or endorsement by WearEver of the linked web site. Please be aware that we, The WearEver Company, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Business Transitions
In the event The WearEver Company goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users' personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.
Choice/Opt-out
Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to our site at the point where we ask for information. Users can change or opt-out on how they are contracted at any time by writing to the contact points specified below
Users who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by contacting us at the contact points specified below.
Security
We attempt to implement commercially reasonable efforts to safeguard all of the information that we collect. However, no computer system can ever be made 100% secure. If users have any questions about the security at our Web site, users can contact us at the contact points specified below.
Correcting/Updating/Deleting/Deactivating Personal Information
If your personally identifiable information changes (such as zip code, phone, email or postal address) you may correct, update or delete/deactivate your personally identifiable information by contacting us at the contact points specified below.
Revisions to this policy
The WearEver Company reserves the right to periodically revise this policy. Please check this page periodically for changes. The document revision date displayed below will indicate when this policy was last revised.
If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Web site notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE.
By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below. If you do not agree to these terms of use, please do not use this website. The WearEver Company is free to revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.
This website is owned and operated by The WearEver Company and its subsidiaries and affiliates (collectively "WearEver," "we," or "us"). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.
In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for only your personal, non-commercial use. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of The WearEver Company and any copyright owner from whom we have obtained a license. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without The WearEver Company's written permission.
CONTENTS AND HYPERLINKS
This website may contain hyperlinks to third party websites, and those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. The WearEver Company has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.
The WearEver Company expressly forbids the unauthorized use of its logos, trademarks, or other graphics to create links. Text links are permitted upon approval.
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