Privacy Policy

We at Boyd's MadisonAvenue are committed to protecting your privacy. We firmly believe that electronic security and privacy are necessary for the continued success of the Internet. In support of this, we only use the personally identifiable information (personal information or personal data) that you provide in accordance with the terms outlined below.

This Privacy Policy covers any personal information we obtain when you visit us, use our services, or access the features on the websites that Boyd's owns or controls (today or in the future), including www.boydsmadisonave.com and BoydsNyc.com (the Sites). You can access the Sites in many ways, including from a computer or mobile phone, and this Privacy Policy will apply regardless of the means of access. This Privacy Policy also governs the use of personal information we obtain from you from any third party site or application where we post content or invite your feedback or participation, including, but not limited to, Twitter, Facebook, Instagram, YouTube, Pinterest, and Google+ (Third Party Sites). Boyd's cannot control the privacy policies or practices of Third Party Sites or of companies Boyd's does not own or control, and cannot control the actions of people Boyd's does not employ or manage. You should always check the privacy policies of Third Party Sites and your privacy settings.

personal information we collect
As permitted by law, we collect personal data that may include the following:

• name;
• date of birth;
• contact information, such as name, postal address, email address and telephone number;
• other personal information you provide to us on our website and other data collected automatically through the website; and
• financial account and payment card information.

how we collect your personal information
You have many ways to provide information to Boyd's. These include:

Account creation information. You can create a personal shopping account with Boyd's. This account will allow you to shop faster and easier, and to check on order status and history.  In creating this account, you authorize Tarte to store your name, birthday, email address, telephone number and shipping and billing addresses. You should keep your account information current and complete. Please see our Terms of Use regarding how you can update or correct the information associated with your account. Your account will have a password that you will create. You may not use another person's account or password without their permission and you should protect the confidentiality of your account and password information by logging out of your account at the end of each shopping session.

Mailing list information. You can be added to the Boyd's mailing list upon request; subscriptions to the mailing list can be cancelled at any time.

Support information. You can engage in a live chat with a Boyd's customer service representative during which you may provide certain information as required to assist you with your questions. Additionally, when you submit a request, review or comment to our customer service department or participate in any interactive services Boyd's offers (today or in the future), we may ask you for your e-mail address or other contact information so we can follow up with you and we may obtain other personal information about you.

Contest, sweepstake, and promotion information. You can participate in Boyd's contests, sweepstakes and promotions as long as you meet eligibility requirements and comply with all applicable rules. As part of your participation, we may request your name, mailing address, e-mail address and other information in order to administer the promotion, notify winners, etc.

Survey information. When you complete a survey on-line, we may ask for certain information from you, including your age, zip code, shopping habits, e-mail and/or mailing address.

Billing and delivery information. When you place an order on our Sites, we will use your information to process and fill your order. We may send you an e-mail to confirm or update you on your order. We may also need to contact you by regular mail, e-mail or phone if we have any questions regarding your order.

Notice about sharing information. If you share information about yourself in an open format, like on a Third Party Site or in the user-generated content portions of our Sites, Tarte considers that information to be public information and not personal information. Use caution when posting your own content. Individuals under the age of 18 should be especially careful not to provide any personal information when participating in any area of the Sites where user-generated content might be available to the public. Please see our Terms of Service for the standards of behavior that must be followed when using these portions of the Sites and the Third Party Sites.

how we use your personal information
From time to time, we will use the information you provide to us to send you e-mail or regular mail regarding products, services, contests and promotions that we think may be of interest to you. We may also use information you provide to us to personalize your shopping experience by using your product interests and purchase information to recommend other products, services or promotions that we believe may interest you, including those of other companies. We may also notify you of functionality changes to the Sites. Information obtained through our Sites may be intermingled with and used in conjunction with information obtained through sources other than our Sites, including both offline and online sources.

Tarte may share your personal information with our marketing or advertising partners and with companies that perform services for us, such as fulfilling orders, delivering packages, sending and managing postal mail, email and other electronic communications, analyzing customer data, providing marketing assistance, storing of data on external servers, investigating fraudulent activity, conducting customer surveys and providing customer service.

Even with this access to personal information necessary to perform these functions, those third parties are not authorized by Tarte to disclose your information for any other purposes. Tarte may disclose personal information if required by law or legal process.

Except for the sharing of personal information as described in this Privacy Policy, Tarte does not otherwise sell, rent or license the personal information of our customers. If we change this policy, we will post a notice in this Privacy Policy and on our home page. However, Tarte may provide your personal information to any other entity that acquires all or a portion of Tarte's organization by merger, reorganization, operation of law, or a sale of some or all of Tarte's assets. Additionally, Tarte may provide your personal information to service providers or contractors to process credit cards on its behalf and to assist Tarte with sending communications and performing other marketing and support functions.

where we store your information
We store your personal information in the United States. If you live in Canada or another country outside of the United States, you understand and agree that your personal information may be transferred to and processed in the United States, and that we may be required to use or disclose your information to a third party, including a government authority, in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena.

cookies, pixel tags and tracking
Tarte has a number of ways that it can offer better service and improve the shopping experience on our Sites.

Cookies. We collect information about how you use our Sites by setting and accessing cookies on your computer. A cookie is a small piece of information sent by our Sites that is saved on your hard drive by your computer's browser. The cookie holds information our Sites may need to personalize or enhance your experience and to gather statistical data, such as which pages are visited, the internet provider's domain name and the addresses of the sites visited immediately before coming to and immediately after leaving the Sites. The information in the cookie lets Tarte trace "clickstream" activity (i.e., the paths taken by visitors to our Sites as they move from page to page) to enable us to better serve our customers by revealing which portions of our Sites are the most popular. Cookies also help us improve your shopping experience by, among other things, keeping track of your preferences, recognizing you if you have a shopping account, and tracking your shopping basket as you shop. Cookies contain absolutely no personal information so if any of your personal information needs to be accessed during your visit to the Sites, you will have to log in or otherwise authenticate yourself. We may link the anonymous visitor ID from your cookie to a user ID in our database to help us analyze web traffic and statistics. From time to time, other companies may help us with data research and analysis, but they will be prohibited from using that data for any other purpose. You may disable cookies on your browser. Please review your browser's instructions for doing so. Note that certain features of the Sites may not be available if you delete or reject cookies.

Pixel tags. We may use pixel tags (also called web beacons or clear gifs) on our Sites. They can help us analyze what our customers like to do on our Sites and the effectiveness of our features and advertising. They can also help us customize your browsing and shopping experience. We may use information collected through pixel tags or tracked links in combination with your personal information. We may also combine personal information you provide to Tarte with other personal information (such as purchase history and demographic information). If we work with other companies to help us track, collect and analyze this information, they will be prohibited from using this information for any other purpose.

Google analytics. The Sites use Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (Google), to better assist us in understanding how the Sites are used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Sites, including your computer's IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Sites, compiling reports on Site activity for our use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Sites. The use of cookies by Google Analytics is covered by Google's privacy policy. From time to time, we may enter into agreements with other third party providers for web analytic and other similar services. If we enter into such an agreement, we may share your information, including personal information, with the provider or such provider may have access to and collect your information on our behalf. Your information, including personal information, may be stored with the provider.

Other advertising partners. Tarte may also work with advertising partners that use cookies, pixel tags and other tracking technologies to serve advertisements on behalf of their retail clients (like Tarte), across the Internet, including to you after you have visited our Sites. These advertising partners engage in remarketing, online behavioral advertising and ad delivery and reporting. With respect to Tarte, these advertising partners may collect anonymous information about your browser as it makes visits to websites across the Internet (including our Sites) and your interaction with our advertising and email communications. This anonymous information may also be used to tailor advertising for you and others elsewhere on the Internet. Tarte will have access to the information collected by these advertising partners and can then use it in combination with personal information provided by you to enhance your experience on our Sites. Because our advertising partners serve ads on many different websites, they are able to compile information over time about where you, or others who are using your computer, saw and/or clicked on the advertisements they display. Our advertising partners may share that information with us and we and/or our advertising partners may use this information to make predictions about your characteristics, interests or preferences and to display targeted advertisements that our advertising partners believe may be of interest to you. Our advertising partners may also associate this information with your subsequent visit, purchase or other activity on participating advertisers' websites in order to determine the effectiveness of the advertisements. For more information about how targeted ads work, visit Managing Your Privacy at the Network Advertising Initiative website.

Opt out. You also have a right to opt-out of personalized targeted ads. Our advertising partners are members of the Network Advertising Initiative (NAI), to opt out of targeted ads served by our advertising partners, or any or all Network Advertising Initiative members, click here. Please note that when you opt-out using this method the Network Advertising Initiative will place an opt-out cookie on your computer. If you delete, block, or otherwise restrict cookies, you may need to renew your opt-out choice. Once you have opted out, our advertising partners will no longer use information they have collected to help deliver targeted advertisements.

Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. To the extent you employ such browser do-not-track signals or other similar mechanisms, we will use commercially reasonable efforts to honor such requests received by us to the extent we have the capacity and resources to identify and process your request. Due to the potential for rapid and diverse developments of technology in this area, we cannot guarantee that we can process every type of request that exists or may be developed in the future. As noted above, third parties, such as our advertising partners, may collect data that relates to you. We cannot control third parties' responses to do-not-track signals or other such mechanisms. Third parties' use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

security

Information security. To safeguard against unauthorized access to personal information by third parties, all electronic personal information held by Tarte is maintained on systems that are protected by up-to-date secure network architectures that contain firewalls and intrusion detection devices. The data saved in servers is “backed up” (i.e. the data are recorded on separate media) to avoid the consequences of any inadvertent erasure, destruction or loss otherwise. The servers are stored in facilities with high security, access restricted to unauthorized personnel, fire detection and response systems.

Physical and administrative security. We employ reasonable physical and administrative safeguards to protect your personal information.

Financial information. We offer multiple options for processing credit card payments, including Apple Pay. Tarte goes to great lengths to keep financial information you provide to us private and safe. We use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. The SSL encrypts, or translates, your order information into a highly indecipherable code, which is processed immediately. All credit card transactions occur in a secure area of our site, to protect you from any loss, misuse or alteration of information collected. When you have finished shopping and begin the checkout process, you will move into the secure area of our site. Once you've entered, the page address (URL) will change from http to https, to let you know you are in a secure area. You acknowledge, however, that no transmission of data over the Internet or mobile phone devices can be guaranteed to be 100% secure, despite our efforts. We also cannot protect financial or personal information that is not under our control. Thus, while we will use every means possible to ensure the security of information you transmit to us, we cannot guarantee that such information will not be intercepted by third parties. The privacy policy for Apple Pay is available at https://support.apple.com/en-us/HT203027.

social commerce and third party sites
We work with third parties, including social network sites like Twitter, Facebook, YouTube, Instagram, Pinterest, and Google+, and with application developers who specialize in social commerce so we can connect to your social networks. All of these companies operate Third Party Sites. We provide access to our Sites by third parties and business partners so we can generate interest in our products among members of your social networks and to allow you to share product interests with friends in your network.

The use of any features made available to you on our Sites by a third party may result in information being collected or shared about you by us or by the third party. Information collected or shared through any such third party features is considered public information by us because the Third Party Sites made it publicly available. If you do not want us to be able to access information about you from Third Party Sites, you must instruct Third Party Sites not to share the information. Tarte is not responsible for how these third parties may use information collected from or about you so be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a Third Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt out of sharing such information. However, we do identify any areas on our Sites where third parties share information about you.

We use features on Third Party Sites that allow you to express positive opinions about our products or purchase our products. Those Third Party Sites may collect or register your views about our products (including whether you purchased a product) and make those views available to Tarte and on public portions of the Third Party Sites. If you do not wish any of this to happen, you should not express your views about our products on Third Party Sites, you should not buy our products through Third Party Sites, and you should review your privacy settings on such Third Party Sites. We are not obligated to display your name or other identifying information, account name, profile photo or other information or content on our Sites even if you express an opinion about one of our products or have consented to our use of such information or content. We reserve the right to remove the information of any person for any reason. We may also remove from our Sites, in our sole discretion, any product offering or any photo or product description relating thereto. If you would like us to delete the data we have collected about you that we have received through any social media provider or Third Party Site, please contact us. However, if your information is deleted you may not have access to certain promotions, product information or opportunities as a result.

children
Tarte will never knowingly request, accept or use personal information from children under 13 years of age. The Sites are not designed for children. If you are under 13 and want to make a purchase, please have a parent place the order for you. If Tarte receives actual knowledge that a shopping account has been opened by someone under 13 years of age or information has been provided by someone under 13, Tarte will eliminate all personal information relating to that individual from our records.

opt-out from mailings
From time to time, you may receive periodic mailings, telephone calls, e-mails or other communications from us with news or other information on events, products, discounts, special promotions, or other offers from or on behalf of Tarte. If at any time you wish to stop receiving communications from us please send us an email to info@tartecosmetics.com with the phrase "Privacy Opt-out: Tarte Mailings" in the subject line, or write to us at the address provided below, and we will remove you from our mailing list. Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most promotional e-mail messages from Tarte.

notice to EU residents
Legal Basis for Processing Information
If you are located in the EU or Switzerland, we rely on several legal bases to process your personal information. These legal bases include where:

• The processing is necessary to perform our contractual obligations, such as to provide you with our services;
• You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
• The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims;
• The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing our services, marketing new features or products that may be of interest, and promoting safety and security as described above.
• If you have any questions about or would like further information concerning the legal basis on which we collect and use your personal information,

 

If you have any questions about or would like further information concerning the legal basis on which we collect and use your personal information, please contact us by emailing info@tartecosmetics.com
Rights Under the General Data Protection Regulation
If you are located in the EU or Switzerland, you have the following rights in respect of your personal data that we hold:

• Right of access. The right to obtain access to your personal data.
• Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.
• Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.
• Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data.
• Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another.
• Right to object. You have a right to object to processing based on legitimate interests and direct marketing.

 

If you wish to exercise one of these rights, please email us at info@tartecosmetics.com.

You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Obligations to Data Protection Officers (DPAs)
We will respond diligently and appropriately to requests from DPAs about this policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of personal information, we will (1) cooperate with inquiries from the DPA responsible for the entity exporting the data and (2) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.

california privacy rights
If you are a California resident, you have the right to request information from us regarding the manner in which Tarte shares certain categories of personal information with third parties for their direct marketing purposes, in addition to the rights set forth above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:

1. The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;

2. the names and addresses of the third parties that received the information; and

3. if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.

This information may be provided in a standardized format that is not specific to you. The designated email address for these requests is: info@tartecosmetics.com.

Additional Rights
If you are a California resident, you may also request that we take the following actions:

• Disclose the categories of and sources from which we collect personal information;
• Disclose details about whether we sell personal information, and if applicable, what categories of personal information we sell and for what purposes;
• Provide you with personal information we have collected about you in a readily usable format;
• Delete personal information that we have collected about you; and
• Abstain from selling your personal information.

We will make efforts to comply with your request if required by and as permissible by law.

 

text, SMS, and calls.
If you have provided us with your prior express consent to receive communications via an automatic telephone dialing system (auto-dialer), artificial or prerecorded voice messages, or text messages, Tarte may use your information to send text messages to any mobile device connected to your cell phone number, until you opt out from future text messages by texting STOP. Once you cancel, we will send one additional confirmation message stating that you've opted out.

what are your rights?
You have the right to be provided with information as to the nature of the personal information stored or processed about you by Tarte and may request deletion or amendments.

You may email info@tartecosmetics.com to review, update, and revise their personal information.

If access is denied, you have the right to be informed about the reasons for denial. You may resort to the dispute resolution described in this policy as well as in any competent regulatory body or authority. Tarte shall handle in a transparent and timely manner any type of internal dispute resolution procedure about personal information is conducted.

If any information is inaccurate or incomplete, you may request that the data be amended. It is your responsibility to provide use with accurate personal information about yourself and to inform us of any changes. (e.g. new home address or change of name).

If you demonstrate that the purpose for which the data is being processed in no longer legal or appropriate, the data will be deleted, unless the applicable law requires otherwise.You may request access to any personal information maintained on you by us at any time by emailing info@boydsmadisonave.com.

your consent and updates to this policy
You acknowledge that this Privacy Policy is part of the terms of service for your use of the Sites, and you agree that using the Sites signifies your assent to Tarte, Inc.'s Privacy Policy. Tarte reserves the right to change this Privacy Policy at any time, without advance notice. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. As we may make changes from time to time without notifying you, we suggest that you periodically consult this Privacy Policy. Your continued use of the Sites after the effective date of any modification to the Privacy Policy will be deemed to be your agreement to the changed terms.

If you have any questions about your privacy or security on our Sites, please email us at info@tartecosmetics.com and include your name and address in the message or write to us at: Tarte, Inc., 1375 Broadway, Suite 800, New York, NY 10018.

Effective date: October 4, 2018.