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Terms of membership - Georg Jensen Customer Club
Introduction
At Georg Jensen, we know that you will want to protect your personal data and the terms that apply to your membership of the Georg Jensen customer club, My Georg Jensen. We naturally want to meet your expectations and respect your wishes, which is why we have introduced the following policies and procedures in these terms and conditions of membership.
The Georg Jensen customer club is run by Georg Jensen A/S, Danish company reg. no. 26573645, Søndre Fasanvej 7, 2000 Frederiksberg, Denmark, with the aim of giving you the best possible service both in our stores and on our website www.georgjensen.com.
Georg Jensen A/S (hereinafter referred to as “Georg Jensen”, “us” or “we”) is responsible for the data and therefore responsible for all personal data you give us as part of your membership of the Georg Jensen customer club. As a company that is responsible for your data, we treat all your personal data in accordance with the at all times applicable personal data legislation.
We recommend that you read these terms and conditions of membership and store a printed copy.
Your use of our website and services is subject to the general terms and conditions of trade, the privacy policy and cookie policy, which apply at all times. You are responsible for staying up to date with these terms and conditions; you can view them on www.georgjensen.com.
Membership and agreement
With your membership of the Georg Jensen customer club, with acceptance of these terms and conditions of membership and/or when submitting your personal data, you agree to us collecting and processing your personal data as described in these terms and conditions of membership.
You can withdraw your agreement at any time and thereby terminate your membership of the Georg Jensen customer club. All you need to do is contact us - see the contact details below under Contact information.
Receiving marketing material from Georg Jensen
As a member of the Georg Jensen customer club, you have the opportunity to receive e-mails and texts from us containing campaign offers and other marketing-related materials about our products, if you consent to this. Consent is provided either when setting up your member profile or at a later date. You can unsubscribe from receiving newsletters and other electronic marketing material. Newsletters etc. are sent to the e-mail address and/or mobile number you give us.
What personal data do we collect and use?
When you set up a member profile, you will be asked for the following information: e-mail address, country and gender.
We may also request the following information: name, telephone number, address, age, title, profession, birthday, wedding day and other special occasions, products of interest, lifestyle interests, preferred store and/or sales assistant and jewellery sizes for you or your nearest and dearest. We can also collect data about how you use our website and your actions on our social media.
If you log into your member profile via social media, such as Instagram or Facebook, we will collect data about this.
We can also collect the following information:
- Information about transactions made with your registered e-mail address or phone number, including transactions made on our website and in stores (purchase history), and information that is required to make such transactions.
- A payment services provider collects your payment details on our behalf, such as credit or debit card numbers, expiry dates and security codes.
- Information about your reactions to our newsletters and your behaviour in our online store.
- Technical data from cookies, including internet protocol (IP) address, any login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access your My Georg Jensen account.
- Your personal data when you take part in a competition, answer a survey or in any other way take part in a campaign. In these instances, you will be made clearly aware of the terms of participation and what personal data is collected as part of the competition, survey or campaign feature.
Purpose of collecting and using personal data
We collect and use your personal data to administrate your membership of the Georg Jensen customer club, to bring you member benefits and services from the Georg Jensen club, to inform us of your wishes and to give you better products and services.
We also use your data to communicate with you (e.g. to assist you when making an online purchase), keep your registered purchases in order, update you about new products, services and benefits, personalise our website for you, and contact you as part of market surveys and to send you marketing material and information, newsletters or other information that might be of interest to you based on your own interests and to which you have agreed. Your data may also be used for statistical and demographic purposes.
Your personal data is processed based on your agreement, ref. the above under Membership and Agreement. We can also process your personal data with the aim of fulfilling an agreement you are party to, such as the delivery of our products and services, or to meet legal requirements. Your personal data is also processed based on our legitimate interests to market, assess and develop our products and services and to prepare statistics and analyses.
Sharing your personal data
We only share your personal data with others to the extent outlined in these terms and conditions of membership.
If you have signed up to the My Georg Jensen customer club in the USA or have stated the United States of America as your home market, or have made any purchases at Georg Jensen in the USA, either in retail or online, your personal data will be shared with Georg Jensen Inc. in order for Georg Jensen Inc. to e.g. invite you to events in your local Georg Jensen store or to provide you with other relevant marketing content, provided that you have consented to receive such marketing information. Georg Jensen A/S and Georg Jensen Inc. have established a joint controllership regarding this specific setup with the purpose of giving you the best customer experience in relation to relevant marketing information. The joint controllership enables Georg Jensen Inc. to contact you directly and to process your personal data for their own purposes in relation to providing you with relevant marketing content. Both Georg Jensen A/S and Georg Jensen Inc. are responsible for protecting your rights as a data subject, ensuring the necessary security measures and use of data processors. The transfer of personal data from Georg Jensen A/S to Georg Jensen Inc. under the joint controllership is based on the Commission Decision 2004/915/EU of 27 December 2004 (Controller to controller).
Furthermore, your personal data may be forwarded to other entities than the one you usually purchase from in the Georg Jensen group, if you identify yourself as a member of the Georg Jensen customer club to these entities, hereunder visit Georg Jensen stores in other countries. You can see a list of Georg Jensen A/S group companies here.
If you visit a Georg Jensen store in another country, and you identify yourself as a member of the Georg Jensen customer club in the store by providing the e-mail address connected to your member profile, the sales assistant will be able to find you in the customer club database. In this case, your personal data and any purchase history will be transferred to the country the store is based in, just as any purchases you make will be registered on your member profile. When you identify yourself as a member of the Georg Jensen customer club in the store by providing your e-mail address, you agree to your personal data being transferred to the country the Georg Jensen store is based in.
We may also forward your personal data to third parties in order for us to meet our obligations to you and/or to delivery your orders, such as when using external couriers.
Your personal data may also be shared with sub-contractors who deliver services to us. In these instances, data processing will be subject to agreements that ensure that the recipient of your personal data (a) has put into place sufficient technical and organisational precautions to protect your personal data from unauthorised or illegal access, loss, damage, theft, use or publication, (b) has limited access to your personal data from the employees who need them to provide the desired service, (c) only processes personal data in accordance with these membership terms and conditions, and (d) does not use your personal data for any other purpose than that associated with providing a service or with our written instructions.
To the extent your personal data is shared with companies, including group companies, in countries outside the EU/EEA which may not ensure an adequate level of data protection as countries within the EU/EEA, the transfer will be based on the EU Commission’s Standard Contractual Clauses in order to ensure an adequate level of data protection with respect to such transfers.
Right to access, change and deletion
You can gain access at any time to review, correct, update, change or delete the data on your member profile. Log into your account on the website, go to your member profile and make the desired changes.
If you want to know what personal data we store about you, the purpose of our data processing, who receives your personal data and the data source, please contact us as per the Contact information below. If you want us to correct, update or delete your personal data and/or your member profile or to limit our processing of your personal data, please contact us as per the Contact information below. We will answer your query as quickly as possible and within one month.
You are also entitled, in certain circumstances, to object to your data being processed, hereunder in relation to us processing your personal data for the purposes of marketing, including profiling.
If your member profile has been terminated, we will cease to collect your personal data. Your personal data will generally be deleted within 6 months after you have terminated your membership of the Georg Jensen customer club. You can request that your data is deleted at any time by e-mailing internetUS@georgjensen.com.
Regardless of the above, we will store your personal data if we are legally obliged to. In this case, we may store your personal information after the date of termination of your membership to the extent necessary for accounting reasons or other legal requirements that we are required to comply with, or if we have to determine, defend or make legal requirements applicable.
Passwords
You need to keep your username and password in a safe place. Your password must be confidential and you must, as far as possible, avoid disclosing it. You should therefore not give your username or password to anyone, and you must remember to log out of your account every time you use it.
Changes to terms and conditions of membership
If we decide to change the content of these terms and conditions of membership, if necessary, we will contact you on the e-mail address you have provided in your member profile. We will also notify you of any changes to our website and add the new membership terms and conditions to the website to keep you informed about the latest version at all times. The date of the membership terms and conditions will appear at the bottom of the page.
If you cannot accept the revised terms and conditions of membership, you must terminate your membership and stop using our services for club members. If you keep your membership, it is taken as your acceptance of the revised terms and conditions of membership, unless our changes require your specific consent.
Contact information
If you have any questions or objections to these terms and conditions of membership and/or the processing of your personal data, please contact us on:
E-mail: internetUS@georgjensen.com
Telephone: +1 800–546-5253
Georg Jensen, Inc.
580 Broadway – Suite 506
NY 10012, New York
USA
Complaints
If you wish to complain about the way we process your personal data, please contact us at the above contact details. You can also send your complaint to The Danish Data Protection Agency (Datatilsynet).
Datatilsynet
Borgergade 28, 5.
DK-1300 Copenhagen K
Denmark
If the processing of your personal data is covered by a joint controllership between Georg Jensen A/S and Georg Jensen Inc. you can also file a complaint to:
Georg Jensen A/S
Søndre Fasanvej 7
2000 Frederiksberg
Denmark
E-mail: onlinestore@georgjensen.com
Telephone: +45 38 14 90 44
or to a local Supervisory Authority.
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Version 2.1, 18 August 2021
Privacy Policy
This website is owned and operated by Georg Jensen, Inc. We respect your privacy and understand that you have a right to know why we collect your personal information and what we do with it. This Privacy Policy applies to personal information we collect through this website, any of our mobile applications, or information we collect offline based in the United States (individually or collectively, “Sites”). A different privacy policy may apply if you are using one of our websites or mobile applications outside of the United States. “You/your/user(s)” means you as a user of our Sites.
By accessing the Sites, you acknowledge this Privacy Policy and agree to be bound by the terms hereof, the Terms of Service, and any other terms or policies we post on the Sites. If there is anything you do not understand, please email any inquiry to internetUS@georgjensen.com. If at any time you do not agree to this Privacy Policy, please do not use the Sites or provide us with any personal information.
We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Sites or emailing you notice of the changes. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. You can tell if this Privacy Policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Sites following the posting of any amendment, modification or change shall constitute your acceptance thereof.
YOUR SECURITY
Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Sites, any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties, and we will not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for unauthorized circumvention of any privacy settings or security measures contained on the Sites.
INFORMATION WE COLLECT
We collect various information that identifies you as a person (“Personal Information”) in two ways. First, we collect Personal Information that you provide to us. Second, we or our service providers may collect certain Automated Information that may contain Personal Information when you use our Sites.
Personal Information You Provide to Us
The Personal Information you provide to us is generally:
- contact details including name, email, telephone number and shipping, billing address
- login and account information, including unique user ID and password
- personal details including gender and purchase history
- payment or credit card information through our third party payment processors
- personal preferences including your wish list as well as marketing preferences
- employment and education history and other information that you provide to us if you apply for employment with us through our Sites
- Sign up for our email list
- Place an order with us online
- Buy a product at any of our retail locations
- Send us an email or other communication
- Join, like, or follow any of our social networking sites
- Register for an account with us
- Participate in our promotions, surveys, and/or contests
- the IP address of the device you use to connect to the internet (which may include information about your geographic location)
- the unique identifiers of your device
- your browser characteristics
- your device characteristics
- your operating system
- your language preferences
- the URLs through which you were referred to our Site
- information on actions taken by you on our Site
- dates and times of your visits to our Site
- the pages you accessed on our Site
We or our service providers may collect information, which may include certain Personal Information data such as your IP address, from your browser when you use our Sites. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (a) IP-address; (b) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (c) unique device identifier and device type; (d) domain, browser type and language; (e) operating system and system settings; (f) country and time zone; (g) previously visited websites; (h) information about your interaction with our Sites such as click behavior, purchases and indicated preferences; and (i) access times and referring URLs.
In some of our email messages we may use a “click-through URL” linked to content on our Sites. When you click one of these URLs, you will pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our Sites. If you prefer not to be tracked through our emails, simply avoid clicking text or graphic links in the email.
Third parties may also collect information via our Sites through cookies, third party plug-ins and widgets for analytical purposes and in order to deliver our targeted advertisements to you across the Internet.
Our web server may collect clickstream information such as the address (or URL) of the website that you came from before visiting the Sites, which pages you visit on the Sites, which browser you used to view the Sites, and any search terms you may have entered on our site, among other things. The Sites may also use other technologies to track which pages our visitors view.
HOW WE USE THE INFORMATION WE COLLECT
Most commonly we will use your Personal Information in the following circumstances:
- Where you have asked us to do so, or consented to us doing so;
- Where we need to do so in order to perform a contract we have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your fundamental rights do not override those interests; and
- Where we need to comply with a legal or regulatory obligation.
SHARING PERSONAL INFORMATION WITH THIRD PARTIES
If we seek investors or go through a business transition, including but not limited to, a merger, acquisition by another company, or a sale of all or a portion of our assets, your Personal Information may be shared as part of the negotiation of the transaction and will likely be among the assets transferred in the event of a sale or partial sale of our assets.
TARGETED ADVERTISING AND REMARKETING
You may see advertisements for our products/services on other websites and mobile applications because we work with third party advertisers to engage in remarketing and retargeting activities. Through our relationships with these advertisers, we can target messaging to our users by interest-based, demographic, contextual, and other means. These third party advertisers track your online activities over time and across websites and mobile applications by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites and mobile applications that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites or apps. This data collection takes place both on our Sites and on third-party websites and mobile applications that participate in the advertising networks. This process also helps us track the effectiveness of our marketing efforts. Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offer a single location to opt out of ad targeting from member companies (www.networkadvertising.org). Some of these companies may collect personal information when you interact with our Sites, property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links:
If you are a California resident, you may ask us to refrain from sharing your information with certain of our affiliates and other third parties for their marketing purposes. See the “Privacy Notice for California Residents” here.
OTHER WEBSITES
Our Sites may contain links or references to websites operated by third parties, or you may have come to our Sites using a link found in another website. This does not mean that we endorse these websites or the goods or services they provide. We do not make any representations or warranties about any website that may be linked to the Site. Such other websites are independent from us, and we have no control over, or responsibility for, their information, products or activities. Our privacy practices may differ from those of these other websites. If you provide Personal Information at one of these third party websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website's privacy policy before providing such website with any Personal Information.
If you use a third-party website or application (e.g. Facebook, Google +, Twitter) to access our Sites or your account on our Sites, your activities on such third-party sites or apps are governed by the privacy practices of those sites or apps. The privacy policies of other sites and apps may differ significantly from ours, and we have no control over the operation of those sites or apps or the manner in which the collect, store, or process data.
YOUR CHOICES ABOUT HOW WE USE YOUR INFORMATION AND OPTING OUT
There are ways by which you can control how your Personal Information is used.
If you do not wish to receive our email promotional offers, you may opt-out by checking the relevant box when we collect your information, logging into your account to update your preferences, or clicking on the “unsubscribe” link found in emails we send to you. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving our communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, if we have a data breach, or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Sites, our business, and/or third parties
You may opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at www.preferences-mgr.truste.com, the Digital Advertising Alliance’s consumer choice page, currently available at www.aboutads.info/choices, or the Network Advertising Initiative (NAI) opt out tool currently available at www.networkadvertising.org/choices.
Our products and services use Google Analytics and its associated tracking technologies to help display our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To opt out of Google Analytics Advertising Features, visit www.support.google.com/analytics/answer/181881?hl=en or you may access the Google Analytics Opt Out Browser Add-on, currently located at www.tools.google.com/dlpage/gaoptout.
DISCLOSURE FOR LEGAL PURPOSES
NOTICE TO CALIFORNIA CONSUMERS
NOTICE TO EUROPEAN UNION RESIDENTS
DISPUTES
Arbitration
ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Privacy Policy, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Privacy Policy, including with respect to the interpretation of any provision of this Privacy Policy or other agreements between you and us, or concerning the performance or obligations of you and us, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:
- Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in New York, New York.
- Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
- Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
- Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
- Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.
- Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
Class-Action Waiver
Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
CHILDREN
We do not knowingly permit persons under 13 years of age to use the Sites, and we do not knowingly collect, use or disclose Personal Information from anyone under 13 years of age. If we determine upon collection of Personal Information that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
CONFIDENTIAL INFORMATION
We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
ASSIGNMENT
We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder to any successor.
CONTACT
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Version 2.3, September 9th, 2021
