Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Native Max, PO Box 350292, Westminster, CO 80035.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Website refers to Nativemax.shop, accessible from https://nativemax.shop
- Service refers to the Website.
- Country refers to: Colorado, United States
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Personal Data is any information that relates to an identified or identifiable individual.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Collecting and Using Your Personal Data
In this section we disclose details about the information we collect from and about you in connection with the Services. Please note that if you are accessing our Services from the European Economic Area, including from the UK after Brexit (an “EEA User”), the level of disclosure set forth below meets the standards of the European Data Protection Regulation (Regulation (EU) 2016/679 (“GDPR”).
Information Collected Directly from You.
We collect personal information and other data from you when you submit it to us or a third party acting on our behalf. The information collected directly from you depends upon how you use the Services. For example:
- When you create an account, we collect your e-mail address, username, and password. If you provide it to us, we may also collect additional information from you, including your name, birthday (day and month), physical address, zip code/postcode, phone number (home or mobile), gender, and/or user image.
- If you make a purchase on our Sites and your shipping address is in the US, we will collect your order-related information, including your billing and shipping address (“Transaction Info”). We will also ask that you provide your payment information (credit card, debit card, or other payment methods) at the point of purchase, but Native Max does not itself collect that information. Instead, that information is passed on to our payment processors, or if you use any third-party payment services, directly to them.
- When you return or exchange products, we may also collect Transaction Info.
- If you join our marketing e-mail list, we will collect your e-mail address, and when we send marketing e-mails to you, we (or our vendors working on our behalf) will collect information such as your reaction to our marketing, whether you open or share our e-mails, how long you engage with them, and whether you click the links in the e-mails.
- If you are a resident of the US and join our promotional text messaging program, we will collect your mobile phone number. Only residents of the US are eligible to participate in promotional text messaging programs.
- Our occasional referral programs may enable you to send communications to friends and family, in which case we will collect PI from you about you and about your friend or family member. If you choose to participate in these programs, we rely on you to only send these communications to people who have given you permission to do so. The recipients’ PI that you provide will be used to facilitate the communication, and your contact information and message may also be included in the communication.
- When you contact our Customer Service agents by e-mail, chat, phone, Social Media or via contact forms we provide for that purpose, we will collect (and you expressly consent to our doing so) any personal details and other content that you provide to us, which may include, without limitation, your name, e-mail address, postal address, IP address, geolocation data, and if you contact us via Social Media, your social media handle, your profile photo and any other publicly available information.
- If you participate in a Prize Promotion, we may collect and process your name, social media handle, address, e-mail address, phone number, image, photograph, voice, statements, and/or other information, such as the prize you have won.
Information Collected from Other Sources.
We may also obtain information about you when you log in through a third-party social network or authentication services, such as Facebook or Google. These services will authenticate your identity (so that you do not have to register for an account on our Site or App separately). When you log-in via their services, you will be re-directed to their websites for log-in and they will then share with us your user ID, profile URL, profile picture, name, and e-mail address so that (i) we can identify you and so that (ii) your account on their platforms will be connected to our Services. Such platforms may furthermore provide you the option to share certain PI with us, in which case we may receive further information (such as your address book). Your username and profile picture may be visible to all other Forever 21 users, regardless of whether they are your “friends.”
We may combine information we receive from other sources with information we have collected directly from you.
Information Automatically Collected when You Use our Services.
In addition to information that you or other parties provide us, “cookies” and other tracking technologies (sometimes generically referred to as “Cookies”) enable us and third parties to collect certain information from you passively when you use our Services. What information is collected depends on how you use our Services, and includes:
- domain name visited
- your browser type and version
- your operating system
- the web pages and other content you view
- the links you click on
- your IP address
- the length of time you spend interacting with the Services
- the referring URL
- the device type from where you access our Sites
- the advertising ID and other unique identifiers associated with your device
- the screen resolution of your device
- the manufacturer of the device you use to access our Services
- the exit page
- your language preferences
- what devices you use to access the Services
- your mobile device ID
- your device name and model
- your mobile operating system, type, name, and version
- the App version
- geolocation data, such as inferred and precise location; provided, however, that we will collect precise location information from your mobile device only if you enable that feature; nevertheless, even if you elect not to enable that feature we may be able to determine location by other means such as when you use wi-fi in our Stores. Turning off device location tracking does not affect the processing of the data that has been collected before the feature has been disabled.
We and third parties offer you ways to limit Cookies. Click here to find out more about what Cookies are, what kind of Cookies we use and what choices you have regarding Cookies.
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
- Necessary / Essential CookiesType: Session CookiesAdministered by: UsPurpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Functionality CookiesType: Persistent CookiesAdministered by: UsPurpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing.
- For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: nativemax[at]gmail.com