Privacy Policy

Last updated on November 21, 2014.

If you have questions or concerns regarding this policy, you should first contact privacy@WindowsWear.com.

Changes in Privacy Policy

All "Personal Information" ("Personal Information" is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains) that we collect and maintain will be subject to this Privacy Policy, as amended from time to time. WindowsWear reserves the right to amend the Privacy Policy from time to time at its sole discretion and will provide notice on the home page of the Site when we make material changes to this Privacy Policy. If as the result of such changes, you want to alter the ways in which WindowsWear is allowed to use your Personal Information, you can do so by following the procedure described in the section entitled "Updating Your Personal Information and Privacy Preferences."

You will be deemed to have been made aware of, and will be subject to, any material changes to the Privacy Policy after such notice has been posted with the following exception: If at the time you provide Personal Information to WindowsWear you are given the opportunity (as you currently are) to limit how such information will be used to communicate with you, either by WindowsWear or by third parties, WindowsWear will not change your preference in this regard without your express consent. However, if WindowsWear is acquired by or merged with another entity, WindowsWear may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent, but WindowsWear will provide notice of such asset sales, acquisitions, or mergers on this Site.

Entities Collecting Personal Information

Personal Information on this Site is collected by WindowsWear Inc., 349 Fifth Ave., New York, NY 10016, USA and its telephone number is 1-646-827-2288.

Updating Your Personal Information and Privacy Preferences

You have the right to access and correct your Personal Information and privacy preferences at any time. This may be accomplished by e-mailing privacy@WindowsWear.com For security purposes certain Personal Information can only be changed by contacting support by email.

Collection of Personal Information

As a visitor to the Site, you can engage in many activities without providing any Personal Information.

However, when you order products or services as a WindowsWear subscriber, we may collect the following Personal Information from you:

Contact information such as your name, phone and fax numbers, address and email address; and Billing information such as the number, expiration date, card type and billing address of your credit card; and Demographic information such as your job title, job description and company name and company type. If you submit content to WindowsWear for licensing, you may be asked to provide the following information:

Contact information such as your name, phone number, primary address, and email address.

WindowsWear will verify this information by asking you to either: a) upload a scan of a government issued ID (which will be stored on our servers); or b) provide a credit card number. Your credit card number will be used solely for the purpose of verifying your name and address. The credit card number will not be stored.

Payment and contributor information including, but not limited to, payout method, payout email, desired display name, skill level, content focus, etc.

Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

As is true of most websites, when you use the Site, WindowsWear or third parties authorized by WindowsWear may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol (IP) address of your computer. We use these environmental variables to facilitate and track your use of the Site and its services. WindowsWear also uses such environmental variables to measure traffic patterns on the Site. To better understand the needs of our visitors to the Site we may occasionally match such information with your Personal Information.

In order to reduce errors in our database, authenticate our users, and prevent abuse of our system, we may on occasion supplement the Personal Information you submit to us with information from third-party sources. For example, we may supplement your contact information with address information provided by the U.S. Postal Service to qualify your information and prevent errors in our database. As permissible, we may also supplement the information you provide to us with demographic and other information (such as age or interest in photography) stored in third-party databases in order to make it more likely that marketing communications we send will be of interest to you.

Information Sharing with Service Providers / Agents

WindowsWear uses one or more outside credit card processing companies to bill you for our goods and services. To the best of our knowledge, these companies do not retain, share, store or use personally identifiable information for any other purpose.

We also share Personal Information with certain companies that perform services on our behalf. We only share the Personal Information which is necessary for them to perform those services. We require any company with which we may share Personal Information to protect that data in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services WindowsWear.

We do not sell or otherwise provide Personal Information to other companies for the marketing of their own products or services.

How Your Personal Information Is Used

We do not sell, rent or share your personally identifiable information to or with third parties in any way other than as disclosed in this Privacy Policy. WindowsWear collects your information in order to record and support your participation in the activities you select. WindowsWear or one of our trusted partners may use this information to:

  • Process your financial transactions.
  • Send you order / renewal confirmations.
  • Register your rights, if any, to technical support or other benefits that may be made available to registered users.
  • Respond to customer service requests, questions and concerns.
  • Administer your account.
  • Send you requested product or service information.
  • Keep you informed about special offers and services of WindowsWear and selected third parties.
  • Administer promotions and sweepstakes you enter and notify you of the results.
  • Investigate, prevent or take action regarding illegal activities and/or violations of our Terms of Service.
  • Meet our research and product/service development needs and to improve our Site, services and offerings.
  • Customize your experience, including targeting our services and offerings to you.

We store information that we collect through cookies, log files, transparent images, and/or third party sources to create a summary of your preferences. We tie your personally identifiable information, and/or your membership usage history, to information in the summary, in order to provide tailored promotions and marketing offers, to improve the content of the site for you and/or to determine your preferences.

We further reserve the right to disclose your Personal Information as required by law (e.g., to comply with a subpoena, warrant, court order, or legal process served on WindowsWear ) and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to delete your account or request that we no longer use your information to provide you services contact us at Support@WindowsWear.com. We will respond to your request within 30 days. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Choice / Opt Out

You may "opt out" of receiving WindowsWear's email updates, newsletters and/or partner emails by emailing privacy@WindowsWear.com. The choice to opt out of such communications is also generally available during the sign-up process. WindowsWear will still contact you when there are changes to the Terms of Service or Submitter Terms & Conditions, as applicable. In addition, we will still send you service-related announcements including, but not limited to, a registration email, benefit notification emails, emails automatically triggered by actions you took on the Site and bill related notices. Generally, you may not opt-out of these communications, which are not promotional in nature. If you wish not to receive them, you have the option of deactivating your account

Protection of Your Personal Information

The Personal Information that you provide in connection with the use of the Site is protected in several ways.

Access by you to your account profile is available through a password and unique customer ID selected by you. This password is encrypted. You should strive to use a strong, alpha-numeric password which you should not divulge to anyone.

Your Personal Information resides on a secure server that only selected WindowsWear personnel and contractors have access to via password.

Your Personal Information is encrypted whenever it is transmitted to WindowsWear.

When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

We strive to protect the Personal Information submitted to us, both during transmission and once

We strive to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. While we use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

If you have any questions about security on our Web Site, you can send email to us at privacy@WindowsWear.com.

Tracking Technologies

The Site may automatically collect information as you browse, such as Internet Service Provider, browser type and version, operating system and device type, average time spent on our site(s), pages viewed, information accessed, the Internet Protocol (IP) address used to connect your computer to the Internet and other relevant statistics. Such information is sometimes referred to as web analytics and/or clickstream data.

We and our partners may use cookies and action tags to keep track of your visits, preferences and profile information.

A cookie is a small, unique text file that a website can send to your computer when you visit a site. We may use session cookies, which terminate when a user closes his or her browser, and/or persistent cookies, which remain on the user's computer until manually deleted. Most web browsers can either alert you to the use of cookies or refuse to accept cookies entirely. If you do not want us to deploy cookies to your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie on your computer. Rejecting cookies may affect your ability to use the Site.

An action tag is similar to a cookie. Action tags help us identify and track the performance of web pages on the Site, allowing us to measure the performance and quality of the Site and to manage Site content. In addition, we may use action tags in emails. This allows us to gauge the effectiveness of certain communications and the effectiveness of marketing campaigns by showing, for example, how many emails have been opened.

Electronic tracking technologies are used to enhance your experience on the Site, including allowing you to remain logged in on the Site. Cookies and pixel tags may also be used to collect general usage and aggregated statistical information that does not identify you personally. However, we and our third party partners may use cookies to store some of your preferences (including limited Personal Information) or to display relevant content based upon what you view on our site.

Referral Program Emails

If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. WindowsWear stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Your friend may contact support@WindowsWear.com to request that we remove this information from our database.

Children

We do not intend to solicit or collect Personal Information from anyone under the age of 18. If you are under 18, do not enter information on this site or engage our services. If you believe a child of yours under the age of 18 has entered Personal Information please contact Support@WindowsWear.com to have the data removed.

Privacy Complaints

WindowsWear takes its users' privacy concerns seriously. If you believe that WindowsWear has not complied with this Privacy Policy with respect to your Personal Information, you may contact the Privacy Officer at WindowsWear Inc., 349 Fifth Ave., New York, NY 10016, USA. In your letter please describe in as much detail as possible the ways in which you believe that the WindowsWear Privacy Policy has not been complied with. We will investigate your complaint promptly.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, you can contact our Privacy Officer at privacy@WindowsWear.com.

WindowsWear Inc.
349 Fifth Ave.
New York, NY 10016
USA
1-646-827-2288

Terms of Service

WindowsWear Inc.
www.windowswear.com
Last updated on November 21, 2014.

WEBSITE TERMS OF USE

Please read these Terms of Use carefully before accessing or using this website (the "Site").

Acceptance of terms

By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that WindowsWear Inc. ("WindowsWear") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

WindowsWear may change these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of WindowsWear.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

Intellectual property; limited license to users

1. All images and other content on this Site (collectively the "Content"), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, "Intellectual Property Laws"). Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided herein or in the Subscriber Terms of Service, WindowsWear does not grant any express or implied permission to use any Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any or the Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.

Windowswear trademarks

2. For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by WindowsWear.

3. Nothing contained herein grants or shall be construed to grant you any rights to use any WindowsWear Trademark, unless expressly conferred by these Terms of Use.

4. You agree that you will not use WindowsWear's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or WindowsWear.

5. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of WindowsWear Trademarks or the Trademark rights claimed by WindowsWear.

6. You agree that you will not use any WindowsWear Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

7. You may not at any time, adopt or use, without WindowsWear's prior written consent any word or mark which is similar to or likely to be confused with WindowsWear's Trademarks.

8. The look and feel of the WindowsWear website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of WindowsWear and may not be copied, imitated or used, in whole or in part, without the prior written consent of WindowsWear.

9. All other trademarks, product names, and company names or logos used or appearing on the WindowsWear website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WindowsWear, unless expressly so stated.

10. You may not use a WindowsWear trademark, logo, Image or other proprietary graphic of WindowsWear to link to the WindowsWear website without the prior written consent of WindowsWear.

11. You may not frame or hotlink to the WindowsWear website or any Image without the prior written consent of WindowsWear.

Infringement claims / dmca notices

12. If you believe that any Image or other material made available by WindowsWear infringes upon any copyright that you own or control, you may notify WindowsWear in the manner set forth in our DMCA Copyright Infringement Notice Policy.

Limitations

13. You agree that you shall not:

a. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of WindowsWear or any third party.

b. Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.

c. Violate the rights of WindowsWear or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

Use of content

14. Certain Content will only be made available to users who pay WindowsWear a fee for such Content and/or enter into a subscription agreement or other use agreement for that particular Content. Unless you enter into a subscription agreement with WindowsWear you may not download, distribute, display and/or copy any Content.

15. You may not remove any watermarks or copyright notices contained in the Content.

16. WindowsWear reserves the right to revoke this license at any time for any reason.

Restriction and termination of use

17. WindowsWear may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in WindowsWear's discretion, without prior notice or liability to you.

Links to third party sites

18. IN THE EVENT THAT WINDOWSWEAR PROVIDES LINKS FROM ITS WEBSITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD PARTY TO LINK FROM ITS WEBSITE TO THE WINDOWSWEAR WEBSITE, YOU SHOULD BE AWARE THAT WINDOWSWEAR MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF WINDOWSWEAR, AND WINDOWSWEAR PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY WINDOWSWEAR.

Warranties and disclaimers

19. THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY WINDOWSWEAR UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WINDOWSWEAR MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED; (iii) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

Personal information and privacy

20. WindowsWear will use and protect your data, such as your name and address, in accordance with the WindowsWear Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

Indemnification

21. You agree to defend, indemnify and hold harmless WindowsWear, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the WindowsWear website, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the WindowsWear Images, or your violation of any rights of another.

Governing law and jurisdiction

22. This agreement is governed by and shall be construed in accordance with the laws of the State of New York. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordancewith the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.