This Privacy Policy was last updated as of May 28, 2015.
Lastmileretail.com Terms and Privacy Policy
THIS IS THE LASTMILERETAIL.COM OFFICIAL PRIVACY POLICY AND IS A PART OF YOUR LEGAL AGREEMENT WITH US.
LastMile Retail, Inc. (“LastMile Retail,” “us” or “we”) values the privacy of our users, members, and others (collectively or individually “Users”) who visit and use lastmileretail.com, or one of our associated websites and services (collectively, the “LastMile Site”). This statement governs information you provide to us or that we learn from your use of the LastMile Site and tells you how we may collect and use information, the circumstances in which we disclose or share information, and how you can access, update or delete certain information we have collected about you. This online Privacy Policy applies only to information collected through the LastMile Site and not to information collected offline.
Changes and Updates to this Privacy Policy
LastMile Retail reserves the right, at our discretion, to change, modify, add, or remove portions of this Privacy Policy at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “last updated ” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Please check this Privacy Policy periodically for changes. Your continued use of the LastMile Site after the posting of changes constitutes your binding acceptance of such changes.
User Provided Information: You may provide to LastMile Retail what is generally called “personally identifiable” information, such as your name and e-mail address, when you register, email us or use our services. In addition, LastMile Retail may give you the option to provide us with certain demographic information about yourself and to upload photographs or other personally identifiable information. Unless you voluntarily provide or send us personally identifiable information, we will always ask you to submit or provide it to us before collecting your personally identifiable information. If you provide or submit your personally identifiable information to us we will provide you with the ability to review, update and/or delete your personally identifiable information, subject to our obligations to comply with legal, regulatory, internal audit and record-keeping requirements. To update and/or delete your personally identifiable information you have on file with us, you can email us at privacy@lastmileretail.com.
“Automatically Collected” Information: When you visit the LastMile Site or open one of our HTML emails, we may record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your Internet Protocol address (“IP Address”), web browser type, the web pages or sites that you visit just before or just after the LastMile Site, the pages you view on our site, and the dates and times that you visit. We may associate automatically collected information with your personally identifiable information, but we will not share that association with third parties without your consent.
“Cookies” Information: We and our operational service providers and others who host the LastMile Site often use technology that can recognize, collect and/or transmit information that is associated with you, but which do not personally identify you. Although the term “cookie” specifically refers to a small text file that is stored on a User’s computer for record-keeping purposes, we use the term “cookie” to refer generically to any technology that can recognize, collect and/or transmit information about your visits to the LastMile Site. This type of information includes such data as the Internet or web domain that referred you, the type of operating system and browser you are using, the date and time of your visit, data relating to activities on the LastMile Site (e.g., so-called ‘clickstream’ data) and other technological attributes about your visit to the LastMile Site. This information is used to analyze trends, administer the LastMile Site, track user movements on the LastMile Site, and gather aggregate demographic information about visitors so we can continually improve the LastMile Site. Cookies also allow the LastMile Site to recognize your computer or access device each time you visit and cookies can keep count of how often you return. Cookies can also track how you use the LastMile Site and your preferences for features and functions, and cookies can store information such as your user name and password so that you don’t have to re-enter them each time you return to visit. Cookies don’t personally identify you or any particular user or individual.
When you visit the LastMile Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer. LastMile Retail uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the LastMile Site. By using these cookies, we can “remember” what you have done on the LastMile Site before and personalize our site for you. These persistent types of cookies can be removed. You can disable or turn the cookie feature off by changing the settings on your Internet browser and you can also change the settings to stop your browser from automatically accepting cookies. Each web browser implements different functionality, so please refer to the manuals or technical support resources that are available in conjunction with your web browser to learn the correct way to modify your cookies set-up. If you are using the LastMile Site in a jurisdiction where your prior consent is required for us to deploy any particular cookies, you will be asked to accept such cookies before they are deployed. Please note that disabling cookies or declining to accept certain cookies will prevent you from accessing some of the functionality and site offerings available via the LastMile Site, and may also require you to re-enter certain information each time you visit or attempt to use the LastMile Site.
The Way LastMile Retail Uses Information
LastMile Retail uses the information that we collect to provide to you all of the features and services found on the LastMile Site. We may use your email address for marketing purposes, unless you have expressly notified us that you prefer for us not to use your email address for any specific marketing purposes (“opt-out”). We also include an opt-out option at the bottom of all of our emails sent for marketing purposes. While you may opt-out from such marketing use, you may not opt-out from our use of your email address for non-marketing or administrative purposes such as automatic notifications of recent account activity, or notifying you of major site updates. To opt-out of marketing uses, you can email us at privacy@lastmileretail.com
LastMile Retail may use all of the information that we collect from our Users to (a) respond to User requests or inquiries, (b) complete User purchases and process User payments, (c) improve our customer service, (d) administer a contest, promotion, survey or other feature, (e) send Users periodic communications, news or other updates, (f) understand usage trends and preferences, (g) improve the way the LastMile Site works and looks, (h) improve our marketing and promotional efforts, and (i) create new features and functionality.
As part of this process, we may use Google Analytics (or a similar service) to provide us with aggregated information about how Users interact with the LastMile Site, and may set cookies and/or use web beacons for this purpose. The information gathered by the Google Analytics software (including any personally identifiable information about you) will be sent to Google where it will be stored and used by Google in accordance with its own privacy policy rather than ours. Please review the Google Privacy Policy http://www.google.com/policies/privacy/ or contact Google for more information.
LastMile Retail may add functionality that allows other Users to view your name, other profile details and photographs should you provide this information and make it publicly viewable. You will be informed if you are agreeing to make information about yourself publicly viewable.
LastMile Retail may use automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the LastMile Site; (b) provide custom, personalized advertisements, content and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics such as total number of visitors and pages viewed.
LastMile Retail may use your email address or other personally identifiable information to send promotional or marketing messages except for those specific programs or features for which you will have the ability to opt-out.
When LastMile Retail Discloses Information
LastMile Retail may disclose both personally identifiable and automatically collected information to its Retail Partners, affiliated companies or other businesses or persons to process such information on our behalf, to provide website maintenance and security, to offer certain features and provide, fulfill and pay for certain services available on the LastMile Site, to assist us in improving the way the LastMile Site works and looks, and to create new features. We require that these parties agree to process such information in compliance with our Privacy Policy, we use reasonable efforts to limit their use of such information, and we require these parties to use any other appropriate confidentiality and security measures. When we disclose personally identifiable information to third party payment processors, those payment processors are required to maintain the security of your personally identifiable information in accordance with strict laws and regulations.
LastMile Retail may share automatically collected and other aggregated non-personally-identifiable information with interested third parties for their use and distribution for their business purposes, including without limitation for the purposes of assisting them in understanding the usage patterns for certain content, services, advertisements, and promotions.
We may share personally identifiable information with our Retail Partners and other third-party organizations for their marketing or promotional use without your consent, except that, with respect to any specific program or feature, you will always have the ability to opt-out.
We may disclose your personally identifiable information to others if we have your consent to do so. We may also disclose your personally identifiable information if we believe in good faith that such disclosure is necessary (a) to comply with laws or to respond to subpoenas, court orders, warrants or other legal demands or to establish or defend LastMile Retail from legal claims; (b) to protect and defend our rights or property, you, our Retail Partners or other third parties from fraud, abuse or violations of the Terms of Service or illegal acts; (c) to protect the safety or integrity of LastMile Retail, its Users, the public or other parties as it is deemed appropriate, in our sole discretion; or (d) in a merger, acquisition, change of control, joint venture or other business combination. You hereby consent to our sharing your personally identifying information under the circumstances described herein.
Except as otherwise noted in this Privacy Policy, LastMile Retail does not share personally identifiable information about Users with third parties unless doing so is appropriate to carry out a User’s request or it reasonably believes that doing so is legally required or is in LastMile Retail’s interest to protect its property or other legal rights or the rights or property of others.
Children
Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we do not intend to collect personally identifiable information from anyone under the age of thirteen (13). Any person who provides their personally identifiable information to LastMile Retail through the LastMile Site represents that they are 13 years of age or older. If you are under 18, you are not authorized to use the LastMile Site without express permission from your parent or legal guardian. Parents and legal guardians should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.
Choice/Opt-Out
The LastMile Site provides you with the opportunity to affirmatively opt-out of receiving communications from us and our partners at the point where we request information about you. The LastMile Site also gives you the option to end our use of your information, and to cease receiving or otherwise having access to future communications or services. You can do so by emailing privacy@lastmileretail.com.
Third-party Advertisers, Links to Other Sites
LastMile Retail may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the LastMile Site. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements and links that appear within the LastMile Site. They may automatically receive your IP Address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.
LastMile Retail will only provide personally identifiable information to these third-party ad servers or ad networks as part of a specific program or feature for which you will have the ability to opt-out. Also, please note that if an advertiser asks LastMile Retail to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach.
You should consult the respective privacy policies of these third-party ad servers or ad networks. LastMile Retail’s Privacy Policy does not apply to, and we cannot control the activities of, such other ad servers or ad networks or their websites.
Our Commitment to Data Security
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We encrypt all personally identifiable information stored on our systems, and we use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be illegally or improperly accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software.
From time-to-time we may use third party service providers to operate our servers and other computer equipment, or we may store our data, including your personally identifiable information, in the “cloud,” which is a means of sharing computing resources and infrastructure to achieve efficiencies of scale. Any information stored in the cloud will be subject to the security policies of the relevant could service provider. At this time, we utilize Amazon Web Services as a cloud service provider. You can read more about their security policy at http://aws.amazon.com/security/.
If LastMile Retail learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the LastMile Site or providing personally identifiable information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the LastMile Site. LastMile Retail may post a notice on the LastMile Site if a security breach occurs. If this happens, you will need a web browser enabling you to view the LastMile Site. LastMile Retail may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us via email at datasecurity@lastmileretail.com.
Special Note to California Users
A California privacy law that went into effect on January 1, 2005, the “Shine the Light” law, allows California residents to obtain a list of third parties to whom a business has disclosed personal information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right.<
As stated earlier in this Privacy Policy, personal information submitted at the time of registration or submission may be used for marketing and promotional purposes only with the particular user or visitor’s permission. Whenever a user or visitor to the LastMile Site agrees to allow us to collect personal information, we provide that person with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by emailing us at privacy@lastmileretail.com.
Because the LastMile Site has a comprehensive privacy policy and provides you with details on how you may opt-in or opt-out of the use of your personal information by third parties for direct marketing purposes, we are not required to provide you with the third party list contemplated under California’s Shine the Light law.
Special Note to International Users
The LastMile Site is hosted in the United States. If you are a User accessing the LastMile Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions, and by providing your personal data you consent to: (a) the use of your personal data for the uses identified above in accordance with this Privacy Policy; and (b) the transfer of your personal data to the United States as indicated above.
YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE.
TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.
In the Event of Merger or Sale
If LastMile Retail should ever file for bankruptcy or have its assets sold to or merge with another entity, information LastMile Retail receives from you through the LastMile Site is a LastMile Retail asset and may be transferred to another party; however, in the event of such a transfer, we will require that the transferee agree to honor this Privacy Policy, as it applies to Users prior to the effective date of any such transfer, unless we are legally prohibited from doing so.
Contacting LastMile Retail
If you have any questions, comments, or concerns about this Privacy Policy, please email us at: privacy@lastmileretail.com, or you can call us at 212-390-8158.