Legal

At Jody Tjan, LLC. (collectively, “Jody Tjan,” “we,” “our” or “us”), your privacy and the security of your personal data are very important. We are committed to protecting your privacy on-line when visiting the Site or communicating electronically with us. This privacy statement discloses the privacy practices for Jody Tjan.com, LLC. Please visit our partnered sites and external sites from links within jodytjan.com to read the privacy statements as their privacy practices may differ from ours. This privacy statement applies only to the site. If you have questions or concerns regarding this statement, you should first contact us via email at info@JodyTjan.com.

YOU ARE BOUND BY THIS POLICY

Please carefully read our privacy policy, because by using the site you consent to be bound by the terms of this privacy policy, effective the date listed above. You should also review all of our other terms and conditions as they govern the use of our website. When used in our privacy policy, “Jody Tjan,” "we,'' "our", and similar terms means Jody Tjan, LLC, and ''you”, ''your”, “user”, “customer” and similar terms refer to you.

CHANGES TO TERMS OF SERVICE AGREEMENT

We reserve the right to periodically change this Policy, for new features or services, incorporate suggestions from our customers, to comply with the new requirements imposed by the applicable laws or technical requirements. We will post the updated Policy and/or Terms of Use on the Website. We may also notify you in case of material changes and seek your consent to those changes, where required by applicable law. by using the site after such changes take effect, and you agree to be legally bound to abide by the revised privacy policy. You are responsible to periodically review this page for our Terms of Use Agreement.

CONTACT INFORMATION

Questions about the Terms of Service & Privacy Policy should be sent to us at info@jodytjan.com.

PERSONAL DATA WE MAY COLLECT ABOUT YOU

For purposes of this policy “personal data” means any information from which you can be identified - including your name, address, telephone number, email address, billing and account information, credit or debit card information, and other information incidental to providing goods or services to you – as well as information that can be reasonably linked to information that identifies you.

We collect two types of personal data from you: (1) information we collect from you directly, and (2) information we collect about you from other sources. Some examples of the manner in which we collect your personal data directly include when you:

Place an order through our Website, catalog or in our stores
Register an online account on the Website,
Set up a favorites list,
Enter a contest,
Take a survey,
Contact us with a comment or question, or request a catalog,
Sign up either online or in-store to receive emails or marketing communication about our products and services,
Apply for a job with us.

Some examples of information we collect from other sources include your:

Interactions with social media to enhance your customer experience with us, and
Use of third-party websites that may display our adverts.

USE OF YOUR PERSONAL DATA

In addition to any other uses described in the Policy, we use the personal data collected from you for the following purposes:

For the specific purpose for which it was provided by you;
To improve the content, appearance and utility of our website;
To personalize and optimize your online shopping experience with us;
To develop, market, sell or provide products and services;
To monitor the effectiveness of our adverts online and our marketing campaigns;
To conduct surveys, research and evaluations;
To provide you with customer service support;
To manage and develop our business and operations, administer accounts, and to collect and process payments;
To detect and protect us and other third parties against negligence, fraud, theft and other illegal activities;
As permitted by, and to comply with any legal or regulatory requirements, process or provisions; and
If you submit a resume, we may use the information you provide solely for the purpose of evaluating you as a candidate for employment and to contact you about prospective employment.

DISCLOSURE OF YOUR PERSONAL DATA

We may disclose your personal data to any of our affiliate companies, or to our service providers who have a legitimate interest in receiving your personal data, specifically and exclusively in order to assist us in providing the services we offer, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data, providing support services or in performing other tasks, from time to time.

For the avoidance of doubt, we will get your express opt-in consent before we share your personal data with any third party company other than for such third party company’s marketing purposes.

Your personal data will be accessible by authorized personnel of Jody Tjan, affiliated companies, and service providers acting on our behalf on a need-to-know basis. Transfer of your personal data from your country of residence to third countries where we operate, including France, Italy and Switzerland, will be involved; some of these countries are subject to a data protection and privacy regulations similar to yours, whereas others are not. To ensure the protection of your personal data is consistent with applicable law, such transfers and processing outside your country of residence or the EEA will be made pursuant to the EU Model Clauses, or any similar legal mechanisms acceptable locally.

We may also share your personal data with third parties in connection with potential or actual sale or restructuring of our company or any of our assets, or those of any associated company, in which case personal data held by us about our users may be one of the transferred assets.

We will also respond to requests for personal data where required to do so by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on us.

SECURITY

We have adopted security measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access. For the best possible protection of your personal data outside the limits of our control, your device should be protected (such as by updated antivirus systems) and your internet service provider should take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering). While we take reasonable steps to protect your personal data, we cannot guarantee that the personal data you disclose to us will be 100% secure.

You accept the inherent security implications of dealing on-line over the Internet and will not hold Jody Tjan or their processors responsible for any data breach unless it is due to our negligence.

RETENTION OF YOUR PERSONAL DATA

Our general approach is to retain your personal data only for as long as required to fulfill the purposes for which it was collected. We generally retain your personal data for 5 years from the last contact you initiated with either Jody Tjan, LLC. “Last Contact” shall be defined as the last contact initiated by you and traceable by our systems or our personnel. Examples of such Last Contact would be the last time a call, sales email, or appointment was proposed to you to which you responded favorably by, for instance, clicking on the link to our website included in the email or attending an appointment in one of our stores. Simply opening an email from Jody Tjan would not qualify as Last Contact. However, clicking on a link included in an email would constitute Last Contact. However, in some circumstances we may retain personal data for longer periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements. In specific circumstances we may also retain your personal data for longer periods of time corresponding to the applicable statute of limitations so that we have an accurate record of your dealings with us in the event of any complaints or challenges.

YOUR RIGHTS

You have the following rights with respect to your personal data: — Right to withdraw consent - where applicable, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change your settings in your account on the Website, use the 'unsubscribe' link provided in our emails, or otherwise contact us directly and we will stop sending you communications. — Right of access, rectification and erasure - you have the right to request access to and obtain a copy of any of your personal data that we may hold, to request correction of any inaccurate data relating to you and to request the deletion of your personal data under certain circumstances. You can see and update most of this data yourself online, or by contacting directly privacy@jodytjan.com. — Right of data portability - Under certain conditions, you have the right to receive all such personal data which you have provided to us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.

Right to restriction of processing - you have the right to restrict our processing of your personal data where: — You contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy; — The processing is unlawful but you do not want us to erase the data; — We no longer need your personal data for the purposes of the processing, but you require such data for the establishment, exercise or defense of legal claims; or — You have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether we have overriding compelling legitimate grounds to continue processing.

Where personal data is subject to restriction in this way, we will only process it with your consent or for the establishment, exercise or defense of legal claims, in accordance with local legislation.

Right to object to processing justified on legitimate interest grounds - where we are relying upon legitimate interest to process personal data, then you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defense of legal claims. Where we rely upon legitimate interest as a justification for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.

Information for California Residents – If you are a California resident, you may request a list of certain categories of personal data that we have disclosed to third parties for their own direct marketing purposes during the immediately preceding calendar year, as well as the identity of those third parties. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: privacy@jodytjan.com. Please allow up to thirty (30) days for a response.

You also have the right to lodge a complaint with your local supervisory authority if you consider that the processing of your personal data infringes applicable law.

For further information regarding your rights, to exercise any of your rights, or if you have any complaints or questions regarding the processing of your personal data please contact privacy@jodytjan.com

Please note that we may request proof of identity, and where permissible under applicable law, we reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. We will endeavour to respond to your request as soon as possible and in any case within the applicable timeframes.

AGE RESTRICTIONS

You must be 18 years old or older to use this website, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the site; including to register with us to receive communications or to make a purchase. We do not knowingly collect or distribute personal information from persons under the age of 18. If you are the parent or guardian of a minor under 18 years of age and believe that they have disclosed personal information to us, please contact us by email so that we may delete the minor's information. In addition, if we become aware that we have inadvertently received personal information from anyone under the age of 18, we will delete such information from our records.

We use cookies, including third-party cookies, for operational purposes, for statistical analysis, to display personalized content, to display advertising targeted to your interests and to analyze the performance of our advertising campaigns. cookies are also used to control your payments through our anti-fraud provision. By continuing to browse the site, you agree to our use of cookies. Currently, our systems do not recognize browser “do-not-track” requests.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Copyright notice for all pages on this web site and all fashion designs displayed on this website: © 2017-present day for Jody Tjan, LLC. All Rights Reserved. Any reproduction of these pages, graphics, audio and video clips, and fashion designs shown on the site for commercial purposes or for distribution to other persons is a violation of United States Copyright law and similar international laws and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of Jody Tjan's copyrighted works without first obtaining our written consent. You may not view, reproduce, print or otherwise use any of the content of this web site for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above. Any other use of any content included on the web site, including linking or framing to this web site, is strictly prohibited unless you first obtain our prior written consent.

TRADEMARK NOTICE

All product names, trademarks, trade dress, service marks or other images in this web site are either the property of, or used with permission by, Jody Tjan, LLC and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names contained on this web site may be trademarks or service marks of other persons. Jody Tjan® is a registered trademark of Jody Tjan, LLC. in the United States and other countries.

OVERVIEW

This website is operated by Jody Tjan, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Jody Tjan, LLC. Jody Tjan, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Wix.com, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

WIX.COM

Our store is hosted on Wix.com,Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Wix’s data storage, databases and the general Wix application. They store your data on a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase, then WIx’s stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Wix’s Terms of Service (https://www.wix.com/about/terms-of-use) or Privacy Statement (https://www.wix.com/about/privacy).

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Jody Tjan , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Jody Tjan and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York City and New York State.