Privacy Policy

Last Updated March 6, 2014

This is the Privacy Policy of Merch Direct and its subsidiary companies (collectively "we", "us"), which applies to this website (the "Website"). Merch Direct is the entity responsible for the management of jointly used personal data.

In conjunction with any applicable Terms and Conditions of Use, this policy sets out the basis on which any personal data you provide will be collected, processed, used and stored by us. Please read it carefully. By visiting this Website you are accepting and consenting to the practices described in this Privacy Policy which may be amended from time to time. If you use the Website after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by this policy at any time, you should not use the Website.

Children

You must be at least 13 years old to register with us. Please do not provide any of your details to us if you are under 13 years old. If you are between the ages of 13 and 16 please ensure that you have your parent's or guardian's consent to register and/or before you provide any personal data to the Website. Users without this consent are not allowed to provide us with personal data. If we become aware that you are under 13 and are attempting to or have submitted personal data via the Website, or that you are between the ages of 13 and 16 and are attempting to or have submitted personal data via the Website without your parent's/guardian's permission, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.

Introduction

This Privacy Policy explains the following:

  • What data we collect about you;
  • Analysis tools and our use of cookies on the Website and how you can reject these cookies;
  • How Merch Direct stores and processes data about you;
  • Passwords;
  • How Merch Direct uses data about you;
  • When and how we communicate with you;
  • Whether we will disclose personal data about you to anyone else;
  • How you can opt-out from receiving communications from us;
  • How you can opt-out from our sharing personal data about you;
  • How long we may keep personal data about you; and
  • How to contact us.

What data we collect about you and why

  • When you use the Website, there are different ways we and any service providers who assist us in managing the Website gather information about you. When you register with us, we ask for information such as your name, email address, postal address and contact details. We keep a record of the information we collect on your initial and subsequent visits to the Website and any other information relating to you that we may obtain from our suppliers or other third parties. This record will be stored and processed in the United Kingdom and other countries (see further below under "How we store data about you" and "How we use personal data about you"). All this is necessary for us to recognise you, provide you with the services or information you have requested from us and, where appropriate, to maintain your account with us. In addition to the uses described below, we may also use this information to improve our platform and prevent or detect abuses of our Website. You may also be required to provide personal data to order products or participate in one of our online forums or communities. You are under no obligation to provide such data. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.
  • We may keep a record of any electronic correspondence you send us. This helps us to keep track of any problems or concerns you may have had with our Website or services.
  • If retail opportunities are provided, when you place an order, a third-party payment processor may collect a credit card number or other payment account number. This record will be stored and processed in the United Kingdom and other countries (see further below under "How we store data about you" and "How we use personal data about you").
  • Please note that sometimes on particular web pages on the Website we will require you to provide additional personal data. When we do this we will specify further on these web pages why we are collecting this data and how we will use it.

Analysis Tools and our use of Cookies

  • We may use cookies and other similar technologies to optimise your experience on the Website. Cookies are text-only pieces of information that a website transfers to your hard drive, mobile phone or other device (referred to here as a "Device") to store and sometimes collect information about you. Cookies can be used to recognise users when they return and may help us to customise the Website for you based on your preferences. Cookies may also be used to identify the user's geographic location and enable us to restrict particular services to users in certain countries. Although they do identify a user's Device, cookies do not personally identify users, and passwords and credit card information are not stored in cookies.
  • To ensure you get the best from the Website and to help us improve it and our products, offers and marketing strategy, your Device will need to accept cookies. If it doesn't, you may not be able to use all the interactive features of the Website including certain personalised features.
  • Some of our websites also have a cookie policy as required by data privacy laws.

How do I disable cookies?

  • You can accept or stop cookies from being stored on your Device by modifying the settings in your browser. Please refer to your browser instructions or the "Help" function within your browser to show you how. However, you may not be able to use all the interactive features of the Website if cookies are disabled.

How we store and process data about you

In order to communicate with you about local events, offers and opportunities and other news, the data that we collect from you may be transferred to, stored, used and processed by Merch Direct or one of our service providers based in Europe, North America, South East Asia, Asia Pacific or Latin America. Such entities may be engaged in, among other things: (i) preparing and sending newsletters to which you subscribe; (ii) the fulfilment of your orders; (iii) the processing of payment details; and (iv) the provision of support services. The laws of some countries may not provide the same levels of protection of personal data as your home country, particularly if you are resident in the EEA. By submitting data, you agree to the collection, transfer, storage, use and processing of data about you for the purposes described in this policy. We will take reasonable steps to ensure that data about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.

Passwords

Where we have given you (or you have chosen) a password to access the Website, you are responsible for keeping this password confidential. Please do not share the password with anyone. We will never contact you and ask for your password.

How we use personal data about you

All the information we collect via our Website, or through correspondence with you, is used to provide you with any information, products or services you have requested, to operate Merch Direct's business and to improve the services and products that we offer you. We will use personal data about you for purposes such as:

  • managing the Website and access to it so that it is presented in the most effective way for you and your computer;
  • dealing with orders and accounts for the supply of our goods and services;
  • planning and managing Merch Direct's business activities, including analysing users' preferences;
  • research;
  • providing you with information about the products and services we offer (subject to your preferences where possible);
  • providing you with information about specially selected third party products and services (if you consent to receive such information on registration);
  • notifying you of any changes to our products and services;
  • providing you with password reminders or to notify you that a particular service has been suspended for maintenance; and
  • processing and dealing with any complaints or enquiries made by you.

As described above data may be shared within Merch Direct. There are only a limited number of circumstances in which we may share with others some or all of the data about you that we hold; these are set out below.

  • With agents and other third parties who assist us in the services we provide to you by, for example, hosting sites or sending emails on our behalf, and with retail partners on the Website. In these instances, we provide them with only the information that they will need to perform their function. Merch Direct requires these third parties to comply with Merch Direct's instructions and requires them not to use any personal data for their own business purposes.
  • In the event that our business assets are ever sold to, or purchased by, another company (our data records are part of our business).
  • With our joint venture partners.
  • Where you have expressed an interest in one or more particular artists and have consented to the sharing of information with any such artist(s), we may share personal data about you with such artists and their representatives. Such artists may use this information to contact you regarding products, programs, services and promotions that the artists believe may be of interest to you. We do not control, and are not responsible for, artists' use of personal data. If you decide that you no longer wish Merch Direct to be able to share personal data with artists and their representatives, please see the section on opting-out below.
  • If we are under a duty to disclose or share personal data about you in order to comply with any legal obligation, at the request of relevant regulatory or governmental authorities, pursuant to a subpoena or comparable binding request, or in order to enforce or apply the Terms and Conditions of Use of applicable to this Website, or to protect the rights, property or safety of Merch Direct, its customers, or others.
  • We may make available services such as message boards, chat functionality and blogs, to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Website becomes public information, and may be available to visitors to the Website and to the general public. In addition, when you choose to make a posting on such services certain personal data will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose personal data about you, or any other information, on the Website. WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD PARTY OF ANY PERSONAL DATA YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE WEBSITE.
  • With your express consent.

So far as practicable we will seek to ensure that each disclosure of personal data about you will be subject to an obligation of confidentiality.

We may also use and share anonymised, aggregated data, such as access statistics, within Merch Direct and with third parties such as advertisers. This information will not involve the identification of individuals.

When and how we communicate with you and how you can opt-out from receiving future communications or from our sharing personal data about you.

We may use the information we collect to contact you by post, email and telephone (including automated calls, and by SMS text messages and other multimedia electronic messages such as picture messaging) so as to contact you:

  • in relation to the functioning of any services you have signed up for in order to ensure that we can deliver the services to you;
  • to provide you with further information;
  • in relation to any contribution you have made to the Website, e.g. on our message boards;
  • to invite you to participate in surveys about our services (participation is always voluntary);
  • for marketing purposes subject to any elections that you have made in this respect;
  • about a submission you have made to the Website, including any content you provide.

We will not send you unsolicited premium rate SMS messages (which are SMS messages you pay to receive), although your service provider may impose a charge on any messages that you receive. Please check with your service provider for details.

You will be given the opportunity to opt-out of receiving such marketing information at the point when your details are collected. All promotional information from us will come with instructions on how to opt-out from receiving further information in the future.

You can tell us not to contact you or share the information with a third party either at initial registration or later through updates. We may occasionally contact you about products and services we feel may be of interest to you. This contact will only come from us (or our agents, joint venture partners or our artists) and only if you have indicated that you do not object to these offers. If you would prefer to no longer receive marketing-related messages from us, or if you would prefer that we not share personal data about you with any of our joint venture partners or artists, you may opt-out of receiving messages from us or from our future sharing of information about you by following the "unsubscribe" instructions in the latest such message you have received. We will endeavour to comply with your request as soon as reasonably practicable. Please keep in mind that if you opt-out of receiving promotional messages from this Website, we will continue to send you transactional messages and important account-related information regarding this Website or products or services offered through this Website. We also will continue to honour your requests regarding promotional communications from other Merch Direct websites for which you have subscribed.

Please note that if you opt-out as described above, we will not be able to remove personal data about you from the databases of joint venture partners or any artists with which we have already shared personal data about you (i.e., to which we have already provided personal data about you as of the date that we implement your opt-out request). If you wish to cease receiving marketing-related messages from such joint venture partners or any artists, please contact such joint venture partners or any artists directly or utilize any opt-out mechanisms set out in their respective privacy policies or marketing-related messages.

Data over the Internet and other websites

The Internet is a global network and, therefore, there are times when data about you travels globally and may not always be completely secure. If you provide us with data over the Internet, this will be at your own risk. By using the Website, you agree and authorise us to process data in this way. However, please be assured that we use commercially reasonable procedures and security features to prevent unauthorised access to data about you.

Where the Website contains links to third party websites, please note that these have been included for convenience only. Merch Direct does not control the content of any linked site and any personal data collected by such sites will be subject to the privacy policy of the third party operating that site. Please read any such third party's policy carefully before providing any personal data on such websites.

We sometimes may offer content (e.g., competitions, sweepstakes, or promotions) sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that you voluntarily submit to participate in the Website activity. We are not responsible for and have no control over these third parties' use of this information. However, we will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.

We may use third parties to present or serve the advertisements that you may see on the Website. This Privacy Policy does not cover any use of data that a third party ad server may have collected from you.

Offensive or inappropriate content

If you post or send offensive, inappropriate or objectionable content anywhere on or to the Website, or otherwise engage in any disruptive behavior on the Website, we may use the personal data we hold about you to stop such behaviour. Where we reasonably believe that you are or may be in breach of any applicable laws (for example, but without limitation, content you have posted may be defamatory), we may use the personal data we hold to inform relevant third parties such as your employer, school email/Internet provider or law enforcement agencies about the content and your behaviour.

Legal disclaimer

We are not responsible nor will be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your personal data.

How long we will hold personal data about you

We will hold personal data about you on our systems for as long as is necessary for the relevant service, or as long as is set out in any relevant contract you hold with Merch Direct, subject to any applicable laws and/or regulations. In the case that you wish to cancel your registration as a member of the Website once an account is deleted, people cannot use the personal data about you other than for administrative purposes, but it stays on the system for a period of one year for administration purposes before being deleted.

Where you contribute to the Website, we will generally only keep your content for as long as is reasonably required for the purpose(s) for which it was submitted.

Further Information; How to contact us

If you have questions about personal data relating to you, or our privacy policy, or wish to change or update data we hold about you, please contact us at help@merchdirect.com. To see all of the information we have about you, and to correct any inaccuracies, change your options in relation to the information you wish to receive or to cancel your registration, please write to Merch Direct, 54 Drexel Dr. Bay Shore, NY 11706 United States. Any access request may be subject to a fee of 10 USD to meet our costs in providing these details.