Terms and Conditions (includes Privacy Policy)

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Last update: NOVEMBER 2020

 

 

 

 

 

 

 

Terms and Conditions

Welcome to The New Englander®

PLEASE TAKE A FEW MINUTES TO REVIEW THESE TERMS AND CONDITIONS ("TERMS"). THESE TERMS APPLY TO YOUR ACCESS AND USE OF THE NEWENGLANDER.COM WEBSITE, ALL OTHER WEBSITES, MOBILE SITES, SERVICES, APPLICATIONS, PLATFORMS AND OTHER TOOLS WHERE THESE TERMS APPEAR OR ARE OTHERWISE REFERENCED, OR FOR WHICH NO SEPARATE TERMS ARE PROVIDED AS WELL AS TO YOUR VISITS TO OR INTERACTION WITH US IN ANY OF OUR STORES OR ELSEWHERE (COLLECTIVELY, THE "SITE"). YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THESE TERMS AND TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, THEN PLEASE DO NOT USE THE SITE.

Who We Are

As used in the Terms and on the Site, "newenglander.com, The New Englander®, Site, We, Us" refers to The New Englander. If you have any questions about these Terms, the Privacy Policy or the Site, you may contact us via the Customer Service information provided on the Site.

These Terms and Conditions May Change

We reserve the right to update or modify these Terms at any time, upon notice to you in writing to the last address provided, by email, by posting on the Site or by any other reasonable means of communication. We also reserve the right, at any time, to modify or update our Privacy Policy in the same manner. You confirm your acceptance of the modifications or updates by continuing to use the Site.

Eligibility

You must be at least 13 years old to use the Web Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Web Site and our mobile applications with permission from your parent or legal guardian.

Your Account

You may be required to register with Us in order to access certain services or areas of the Site. Our Privacy Policy explains how we protect and use your information. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.

Shipping and Processing and In-Store Pick-Up

Our shipping and processing charges are intended to compensate Us for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees.

Intellectual Property

The Site, including all of its information and contents such as photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software and the code used to generate the pages on the Site (collectively, the "Materials"), is the property of The New Englander or that of Our authorized suppliers or licensors, and is protected by intellectual property and other applicable laws in the United States and/or abroad. Our intellectual property is registered in the United States and abroad. Except as otherwise provided on the Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Materials from the Site in whole or in part for any public or commercial purpose without specific prior written permission from The New Englander. We are the owner and/or authorized user of The New Englander brand as well as any other registered or unregistered trademarks, trade names, logos, designs, titles and product names appearing on the Site, and the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. You may not use any metatags or any other "hidden text" utilizing any of Our names or trademarks without Our express written consent.

Use of the Site

We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal use of the Site and the Materials and other information contained on the Site. This license does not include any resale or commercial use of the Site; any collection and commercial use of any photographs or other Materials published on the Site; any non-personal use of Our product names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or the Materials for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by Us and/or our suppliers and licensors. The licenses granted by Us to you automatically terminate if you do not comply with these Terms.

You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, We prohibit certain kinds of conduct that may be harmful to other users or to Us. When you use the Site, you may not:

  • violate any law or regulation;
  • violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
  • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Web Site or mobile applications;
  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • use any means to scrape or crawl any pages contained in the Site;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

User Content

The Site may allow you to upload, submit, store, send, or receive content and data such as comments, reviews and photos ("User Content"). You may also submit User Content in the other ways that you interact with Us such as through social media, by email, by phone, and otherwise. You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, post, submit, send, or receive any User Content to or through the Site, you give Us permission to reproduce and use your User Content as follows: you grant to Us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving the Site, to develop new products and services, and for other The New Englander marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote The New Englander or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site.

You promise that:

  • you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
  • your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason with or without notice. We may remove User Content from the Site for any reason with or without notice.

Copyright Policy

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that a work on the Site constitutes copyright infringement, please provide a written communication with the following information to Our Designated Agent named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located on the Site including a hyperlink to such location;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Our Designated Agent for notice of claims of copyright infringement can be reached at:

The New Englander Legal Department

5600 Post Rd, Suite 114, #224

East Greenwich, RI 02818

TheNewEnglander@NewEnglander.com

For clarity, only copyright infringement notices should go to our Designated Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Rhode Island, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Open Source

The Site may include open source components, which are licensed for use and distribution under applicable open source licenses. Use of any open source components is governed by and subject to the terms and conditions of the applicable open source license.

Hyperlinks to other Sites

To the extent our Site contains hyperlinks to outside services and resources, the availability and content of which The New Englander does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

Disclaimer

THIS SITE AND ALL CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS SITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT THE NEW ENGLANDER AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR OUR MOBILE APPLICATIONS.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NEW ENGLANDER AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NEW ENGLANDER AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE NEW ENGLANDER OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Product Pricing Information

The prices displayed on our Web Site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. If you are in the U.S. or Canada, Web Site prices will be displayed in U.S. Dollars. Elsewhere, Web Site prices will generally be displayed in the local currency. The prices displayed in our printed catalogs are quoted in U.S. Dollars and are valid and effective only in the U.S.

We may use “Sugg” to refer to the manufacturers’ suggested retail price (MSRP) for a branded product. MSRP is a reference to a price at which the manufacturer recommends that the item be offered or sold by retailers, which may not include The New Englander. Prices vary amongst sellers and change over time, so the MSRP may not represent an average price or an offering price at any particular time.

Special Offers

Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.

Inaccuracy Disclaimer

From time to time there may be information on our Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The New Englander reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless The New Englander and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Dispute Resolution by Binding Individual Arbitration

ANY DISPUTE INVOLVING YOU AND THE NEW ENGLANDER OR ANY OF ITS AGENTS SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE NOTED BELOW.

“Dispute” shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with The New Englander and its subsidiaries, affiliates, and designees, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. This includes (1) The New Englander Insiders program; (2) use of The New Englander’s websites; (3) any service terms and conditions; and/or (5) any products or services offered, sold, or distributed by The New Englander including, but not limited to, the advertising of or the sales practices for such products and services. Dispute shall also include all disputes that arose before your enrollment in The New Englander Insiders program and after the cancellation or termination of The New Englander Insiders program, including any claims that are the subject of a purported class action litigation.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.

Either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. The arbitration will be governed by the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, however we will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse The New Englander for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.

YOU AND THE NEW ENGLANDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and The New Englander agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.

NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

If for any reason a claim may proceed in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

This dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, the Program. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.

Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF RHODE ISLAND), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST THE NEW ENGLANDER.

Other Provisions

Any action relating to the use of the Site, mobile applications, catalogs or any transaction with The New Englander must be brought in the state or federal courts located in Rhode Island. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Rhode Island, without giving effect to any conflict of laws rules or provisions.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

 

 

 

 

 

 

 

 

Accessibility

We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please email our team at TheNewEnglander@NewEnglander.com, and we will be happy to assist you.

 

 

 

 

 

 

 

 

Privacy Policy

The purpose of this Privacy Policy is to inform you what information we collect from you, how we use your information and the choices that you have regarding our use of your information. This Privacy Policy applies to information we collect about you in our stores, through our websites and mobile applications, and anywhere else we interact with you. By using any of our web sites, mobile applications, or sharing your information with us, you are accepting and consenting to the practices described in this Privacy Policy.

The New Englander Brands support and adhere to the guidelines and practices adopted by the Direct Marketing Association's Privacy Promise to American Consumers. We have agreed to (1) provide customers with notice of their ability to opt out of information rental, sale, or exchange with other marketers; (2) honor customers' requests not to share their contact information with other marketers; and (3) honor customers' requests not to receive mail, telephone, or other solicitations from The New Englander Brands.

Collecting Information About You

Categories and Types of Personal Information We Collect

We collect the following categories and types of personal information:

  • Contact Information: your first and last name, postal address, email address, and phone number;
  • Other identifying information: IP address, social media user names, passwords and other security information for authentication and access;
  • Financial Information: credit card, debit card and bank account information;
  • Demographic information: gender, age, employment information and salary information;
  • Geolocation data;
  • Internet or other electronic activity: your browsing and click history, including information about how you navigate within our services and which elements of our services you use the most;
  • Commercial information: products purchased or viewed on our website;
  • Audio and visual information: your videos and photos; and
  • Inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, behavior and attitude.

Categories of Use

Transactional Purposes: We use your contact information, financial information, and commercial information to:

  • Receive, process, confirm, send and track your order, subscription or registration;
  • Communicate with you about your order, subscription or registration;
  • Process any subscription or registration you make to one of our services; and
  • Maintain your "Gift List" through your registry

Analytical Purposes: We use your other identifying information, internet activity and browsing history, commercial information, demographic information, and geolocation data to analyze preferences, trends and statistics.

Marketing and Promotional Purposes: We use your contact information, commercial information, demographic information, internet or other electronic activity, geolocation data, and inferences to:

  • Inform you of our new products, services and offers;
  • Provide you with targeted advertising;
  • Run contests, promotions and sweepstakes;
  • Provide you with our loyalty program including earning points and awarding and redeeming certificates; and
  • Provide you with other information from and about The New Englander Brands, including personalized marketing communications.

Maintenance and Improvement of Services and Website: We use your contact information, commercial information, and internet activity and browsing history to:

  • Provide and maintain functionality on our website, including our customer service functions and customer review features;
  • Handle your customer services requests; and
  • Help us diagnose technical and service problems and administer our stores, websites and apps.

Review and Content Creation Purposes: We use your contact information, commercial information, and audio and visual information to enable reviews of our products and to display content that you have created and allowed us to display on our website and services and on social media.

Security and Fraud Prevention: We use your contact information, other identifying information, commercial information, financial information, geolocation data, internet activity and browsing history, and inferences to protect this website, our company, and others and to prevent fraud, theft and misconduct.

Sources of Personal Information

We collect information from the following sources:

We collect information directly from you. We collect contact and demographic information directly from you. We also collect payment information from you.

We collect information about you from third parties. We collect your personal information from third parties, such as social media sites and data co-ops. We use the Google Maps service on our web sites and may use the Google Maps service, and other services, to collect geolocation data. We use this information to create greater ease of use in our checkout, including to suggest your shipping and billing address, or to help you find the closest store location. The Google Maps service is governed by Google's privacy policy located at www.google.com/policies/privacy. We may collect your identifying information from Facebook, in accordance with their terms of use and privacy policy. We purchase from and trade contact information, demographic information, commercial information, and internet and electronic activity with data co-ops and other third party data aggregators.

We collect information from you passively. We collect Internet or other electronic activity passively using tools like browser cookies. This activity is further described in the Advertising and Online Tracking section below.

Combining Information

We may combine information you give us online, in our stores, or through our catalogs. We may also combine that information with publicly available information and information we receive from or cross-reference with third parties. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you directly about our products and events that may be of interest to you, and for other promotional and commercial purposes.

When We Share Information with Third Parties

Our Service Providers

We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.

Our Select Partners

From time to time we might establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. These are known as our Select Partners. In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you. This section does not apply to mobile phone numbers and opt in consent information collected for SMS text programs. The New Englander Brands may also collect mobile phone numbers for other purposes which are subject to this section.

Our Affiliates

We may share personal information with businesses controlling, controlled by, or under common control with any The New Englander Brands.

Corporate Transactions

We may share personal information with parties to business transactions such as those we deal with in mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party.

Law Enforcement and Courts

In certain instances we may disclose your contact information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to The New Englander Brands or to others. We may also disclose your contact information when we believe the law or legal process requires it.

Cookies

When you visit our web sites, we send one or more cookies to your computer or other device. We may also use cookies and other similar technologies in emails that you receive from us. A cookie is a small data file that is placed on the hard drive of your computer when you visit a web site. A session cookie expires immediately when you end your session (i.e., close your browser). A persistent cookie stores information on the hard drive so when you end your session and return to the same web site at a later date the cookie information is still available. We use cookies to improve the quality of our service when you visit our web site and other web sites of interest to you. We also use cookies to remind us of who you are, tailor our products, services and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to and sales at our web sites and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting and email interaction patterns.

If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our web sites or other services may not work if you delete or disable cookies.

We use Google Analytics on our web sites to collect usage data, to analyze how users use the web sites and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

Advertising and Online Tracking

We allow third-party companies to serve ads and/or collect certain information when you visit our web sites. These companies may use information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) collected during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you. These companies may also tie identifiers associated with a particular browser or device to identifiers associated with other browsers or devices used by the same user or household (e.g., a device identifier associated with a user's computer may be tied to the device identifiers of that user's tablet and phone) in order to measure and target advertisements tailored to user interests across their devices and to send personalized marketing communications. These companies typically use a cookie or third party web beacon to collect this information. Our systems do not recognize "Do Not Track" signals, but several of these third party companies who utilize these cookies or beacons on our web sites enable you to opt out of this behavioral advertising. To learn more or opt out from these companies you can visit http://www.networkadvertising.org/choices/ and https://www.aboutads.info/choices/. We also provide you with additional tools to opt out of marketing from us or certain transfers of your information. You can learn about this in the "Opting Out of Marketing and Transfers" section of this Privacy Policy.

Opting Out Of Marketing And Transfers; Updating Information About You

We want to communicate with you only if you want to hear from us. If you prefer not to receive direct marketing from us or from our Select Partners, or if you would like to opt out of our rental or exchange of your information with other marketers, please let us know via email. Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive. If you would like to update or correct your email address, mailing address or other contact information with us please contact us the same way. If you like, you may use one of the following statements in your message to us:

  • I prefer not to receive email advertisements, such as updates regarding products and services, special promotions or upcoming events.
  • I prefer not to receive direct mail advertisements, such as periodic catalogs and mailings regarding products and services, special promotions or upcoming events.
  • I prefer not to have my contact information provided to third parties for their marketing purposes.

You may also click the designated link at the bottom of all email advertisements to be removed from future email updates.

Please note that any requests to remove or update your contact information may take up to five days for your email request and 6-8 weeks to process your postal mail request.

We may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us. We contact you only in ways compatible with your communications choices. To the extent necessary for such purposes, we take reasonable steps to make sure that your contact information is accurate, complete, current, and otherwise reliable.

Security

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our web sites use Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.

We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.

Protecting Children

We do not knowingly collect personal information from children under 13. If you are a parent or guardian and you are aware that any of your children has provided us with personal information without your consent, please contact us and we will take steps to remove that information from our servers.

Links to Third Party Web Sites

Our web sites may contain links to web sites operated and maintained by third parties, over which we have no control. Privacy policies on such linked web sites may be different from our privacy policy. You access such linked web sites at your own risk. You should always read the privacy policy of a linked web site before disclosing any of your information on such web site.

Policy Changes

If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our web sites, as applicable. Those changes will go into effect on the effective date posted in the notice and at the end of the revised Privacy Policy. The new policy will apply to all current and past users of our web sites and will replace any prior policies that are inconsistent. Your continued use of our web sites or other services constitutes your acceptance of the practices described in the revised Privacy Policy.

Contact Us

You can send us an email.

 Effective Date: November 25, 2020

 

 

 

 

 

 

 

 

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