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In this policy, “personal information” means any information relating to an identified or identifiable individual.
COLLECTION OF INFORMATION
Information You Provide. At various times, you may decide to provide us with your personal information. You should know that we receive and may store all personal information (whether written or oral) that you provide to us. This includes personal information provided to us through any means, including, without limitation, through our Site, via e-mail, over the telephone, and through a social media service (for example Facebook, Twitter, Pinterest). You can choose not to provide certain information, but then you might not be able to purchase products or take advantage of many of our promotions, features or Services. In addition, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, and credit card information.
Information We Collect Through Cookies and Other Technologies. A cookie is a small file that resides on your computer, mobile phone, or other device, and allows us or our business partners to recognise your device when you return to our Service and record information about your usage of our Services.
Tracking Images: We may use tracking images (such as GIFs), which are small image files that we embed into our e-mail newsletters, to learn whether you opened or forwarded the newsletter or clicked on any of the content. This information tells us about our newsletters’ effectiveness and helps us ensure that we’re delivering information that you find interesting.
Local Storage: We use local storage (such as HTML5 or Flash) for frequency capping purposes and to provide you with relevant advertising.
We may collect information about your location and your mobile device, including a unique identifier for your device, when you download or use our mobile application.
USE OF YOUR PERSONAL INFORMATION
We may use the information we collect about you (unless otherwise restricted by law) to:
We may combine the information you provide to us over time and we may combine such information with information that is publicly available, collected through cookies and other technologies, and information that we receive from our partners, affiliates and other third parties.
We value your comments, feedback, testimonials, etc., which help us improve our services and products. By making such submissions to us, you assign your rights in the submissions to us, as described in the "Submissions" section of our Terms and Conditions page.
We may share your information, including personal information, as follows:
Blue Nile entities: We may share your personal information with our affiliated entities when it is reasonably necessary or desirable for us to disclose your personal information for the purposes described above.
Service Providers: We may use third-party service providers to perform certain services on our behalf, including: shipping, payment processing, data storage/management, webhosting, fulfilment, assembly, marketing, mailing, and emailing.
Special Events: If you choose to participate in a special event (for example, a promotion, contest, or sweepstakes), Blue Nile may share your information with those organizations participating in the applicable event.
Sharing with Other Companies (for their marketing or analytics purposes): We may share your information with other companies or organizations which are not part of Blue Nile. These companies and organizations may use the information we share to provide, or help other companies provide, offers to you, to market products, services or opportunities to you, and to perform data analytics regarding your use of our Services.
Compliance with Law and Fraud Protection: We may disclose your information: (1) when we believe in good faith that it is necessary to comply with any applicable law, regulation, legal process, or governmental request, such as lawful requests by public authorities, including to meet national security or law enforcement requirements; (2) in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person; (3) to other companies and organizations for fraud protection and risk reduction; and (4) to enforce any agreement we have with you.
Business Transfer: Your information may be disclosed as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership, in which case information would be transferred as one of the business assets of the Company.
Aggregate Information: We may, and we may authorise third parties to, create aggregate records from personal information by excluding information that makes the information identifiable. We may use and disclose, and authorise third parties to use and disclose, aggregate non-personal information at our discretion.
CHILDREN UNDER 13
ACCESSING AND UPDATING YOUR INFORMATION
We want to communicate with you only if you want to continue to hear from us.
To opt out of receiving email promotions that we send you: (1) select "unsubscribe" on our subscription status page and enter the requested information or follow the unsubscribe instructions in any of our promotional emails; or (2) write to Legal Department at 411 First Avenue, South, Suite 700, Seattle, WA, 98104 (a "postal request"). To opt out of telephone promotions, you can tell us when we call you or you can send us a postal request. To opt out of postal mail promotions, please send us a postal request.
Opting out of communication with us does not affect our communications with you via telephone or email related to your orders with us or other transactional emails.
Where required by law, we obtain your prior opt-in consent at the time of data collection for the processing of (i) personal information for marketing purposes and (ii) personal information deemed sensitive pursuant to applicable law.
YOUR CALIFORNIA PRIVACY RIGHTS
DATA PROTECTION FOR INDIVIDUALS BASED IN THE EUROPEAN ECONOMIC AREA AND SWITZERLAND
For the purposes of personal information that we might receive in the US from the European Economic Area (“EEA”), we have elected to self-certify to the EU-US Privacy Shield Framework administered by the United States Department of Commerce (“Privacy Shield”). As part of the self-certification process, we commit to comply with the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability, and a set of supplemental principles (“the Privacy Shield Principles") and to subject all personal information received from the EEA in reliance on Privacy Shield to the Privacy Shield Principles. Our Privacy Shield certification applies equally to the following affiliated entities based in the United States: Blue Nile Worldwide, Inc. and Blue Nile, LLC. We also maintain an affirmative commitment to the US-Swiss Safe Harbor Framework and its principles for the processing of personal information received from Switzerland. To learn more about the US-Swiss Safe Harbor program, and to view our certification page, please visit https://www.export.gov/safeharbor.
If we disclose personal information to a third party acting as a data controller or as an agent, we will comply with, and protect the personal information as provided in, the Accountability for Onward Transfer Principle under the Privacy Shield. We are responsible and liable under the Privacy Shield if third-party agents that we engage to process the personal data on our behalf do so in a manner inconsistent with the Privacy Shield, unless we prove that we are not responsible for the event giving rise to the damage.
You are entitled to ascertain if we process any personal information relating to you and, if so, to access any such data and/or to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield Principles, except where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where it would violate the rights of someone other than the individual requesting access. If you would like to ascertain if we process any personal information relating to you or to request access to, correction, amendment, or deletion of your personal information, you can submit a written request to the contact information provided below. We may request specific information from you to confirm your identity and, in some circumstances, we may charge a reasonable fee for access to your information.
We will respond to any queries or complaints regarding the use or disclosure of your personal information within 45 days of receiving your query or complaint.
For any unresolved complaints under our Privacy Shield or Safe Harbor certifications, we have registered with JAMS, which will act as a US-based trusted third party dispute resolution provider. You may contact JAMS, at no cost, at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim. In certain circumstances, you may be entitled to pursue binding arbitration for the resolution of your complaint. For more information on binding arbitration, see US Department of Commerce’s Privacy Shield Framework: Annex I (Arbitral Model).
HOW TO CONTACT US
By Telephone: (001) 206-336-6700
By Email: firstname.lastname@example.org
By Post: Blue Nile, Inc.
411 First Avenue S., Suite 700.
Seattle, Washington 98104