Privacy Policy

Privacy Policy

Preston Bailey Online, LLC and Preston Bailey Designs, Inc. (individually and collectively referred to in this Privacy Policy as “PB”, “we”, “our” or “us”) are committed to safeguarding the private information entrusted to us by visitors (“Visitors”, “you” or “your”) to our websites, including prestonbailey.com, and all subdomains of such websites, as well as all blogs (including http://prestonbailey.blogspot.com) and other services related to such websites (such websites, blogs and services referred to herein, collectively, as the “Website”). This Privacy Policy is intended to provide you with information about how your personally identifiable information (any information that can be used to identify a specific individual, such as first and last name, street address, telephone number or email address) (“Personal Information”) and other information is collected and used by us in operating the Website. This Privacy Policy only applies to information collected by PB online, and does not apply to Personal Information collected from any other source or in any other manner.

Use of this Website

The Website offers Visitors the opportunity to learn more about us. By using the Website, you consent to the collection and use of your information by PB as described in this Privacy Policy. PB reserves the right to change how we handle the information we collect through the Website at any time. We will update this Privacy Policy to reflect any changes in our privacy collection and handling practices, and will indicate that changes to this Privacy Policy have been made by listing a new date under “Last Updated” at the end of this Privacy Policy. Such changes will take effect immediately once posted to the Website. Your continued use of the Website constitutes an affirmative acknowledgement and acceptance by you to the terms of the modified Privacy Policy.

Not all products and services shown on this Website are available in all geographic areas. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use of this Website is prohibited.

What types of Personal Information does PB collect and how do we use it?

PB does not require you to provide us with any Personal Information in order to browse the Website. However, we do offer you the opportunity to join our community in order to interact with others, share tips and experiences. In this instance, we do request that you create an account and in doing so provide us your name, e-mail address, telephone number, zip code, country where located and, in certain instances, salary range. In addition, we do offer you the opportunity, receive our Newsletter (“Get Preston Bailey Newsletter”), to voluntarily provide us with your first and last name, zip code and email address, so that we may communicate with you regarding products and services offered by PB (and/or our affiliates and/or partners), events or media relating to PB (and/or its affiliates and/or partners), and other information we think you might find of interest. We may use Personal Information to inform you of new areas of interest, or other changes or improvements to, the Website, and/or contests, sweepstakes, raffles, games and/or similar promotions on or through the Website. We also may use Personal Information to manage the Website’s interactive functionality, help us improve and enhance the Website experience for all Visitors, and deliver more individualized content and advertising.

When you contact us (by clicking the “Contact” link on the Website) or by clicking on the “Event Inquiry” link on the Website to inquire about our event and design services or any other types of inquiries (each an “Inquiry”, and, collectively, “Inquiries”), we request certain Personal Information, as well as certain other, non-Personal Information, necessary to enable us to respond to your Inquiry. The mandatory Personal Information we collect in connection with any of the Inquiries described above includes your first and last name and email address, and certain non-Personal Information such as country of residence. We also collect certain additional, optional Personal Information and non-Personal Information, including phone number, the name of your organization or company (if applicable), and any other comments or information that you voluntarily wish to provide to us. In connection with Inquiries about our event and design services, we also request certain information regarding the specifics of the event for which you are inquiring about our services (for example, the location and budget for the event and number of people expected to attend the event, and any other information or comments about the event that you voluntarily wish to provide to us). When you provide Personal Information to us in the course of making an Inquiry, we only use such Personal Information in connection with any communications about your Inquiry, follow-up to or results of such Inquiry or any business or professional relationship between us. However, if you choose to separately provide Personal Information to us in the course of joining our community (by creating an account) or receiving the PB Newsletter, such Personal Information may be used in any manner permitted under this Privacy Policy.

You may also be asked to provide certain Personal Information in connection with contests, sweepstakes, raffles, games and/or similar promotions on or in connection with the Website, as well as in connection with surveys and other Website activities.

Account holders who choose to submit comments or other material in connection with the participating with the community areas of this Website, will have the opportunity to publicly share, among other things, ideas and thoughts about a variety of matters. Please be aware that information you submit or post to or through such blogs and community areas will become public information and will be accessible to others. Accordingly, please be sure that any such information you submit or post is information you are comfortable sharing with the public.

At the time that we provide you with information electronically, we will also provide you with an opportunity to opt out of receiving future information electronically (other than any electronic information relating to the subject matter of any Inquiry).

Does PB collect any other information about Visitors to the Website?

As part of our ongoing efforts to improve the Website, we may collect and analyze certain non-personally identifiable information, in aggregate form (“Aggregate Information”).

When you visit the Website, we may automatically collect various types of technical information from you. The type of information that is automatically collected by PB can include (but is not limited to) date and time of access of the Website, the Internet Protocol address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, which website you visited before arriving at the Website, the website you link to when you leave the Website, the specific activities you are engaged in while visiting the Website, the specific pages of the Website you visit, and how long you spend on each page. This aggregate tracking information is used to help PB improve and enhance the Website experience for all of its Visitors.

We use “cookies” on the Website. Cookies are small data files that the Website places on the hard drive of a Visitor’s computer, to enable Visitors to more easily communicate and interact with the Website and to provide us with important information on how Visitors use the Website. We may use cookies to, among other things, monitor Website usage, customize Website features, identify your computer’s operating system and browser, and complete transactions.

Further, cookies and other technologies may also be used in email messages sent by our email delivery and marketing company(ies) and at the Website, to help us measure the effectiveness of our advertising and how Visitors use the Website. With respect to ads, we may use third party companies to serve ads when you visit the Website and to monitor traffic to the Website. These companies may, via cookies or other technologies, use aggregate information (not including your name, address, email address, telephone number or other Personal Information) about your visits to the Website and other websites in order to provide us with data about the Website and/or to provide ads about goods and services that may be of interest to you.

You can program your computer to warn you each time a cookie is being sent or to refuse cookies altogether. However, without cookies, you may not have access to certain features on the Website.

PB may also use action tags (also known as web beacons or single pixel gifs) to access PB cookies and in connection with the services we offer through the Website. An action tag is a small, graphic image placed on a web page that sends a signal when a person visits that web page. This enables us to assess the popularity and effectiveness of the content on the Website. We may also use action tags in connection with newsletter and other emails we send to you, to let us know whether and when the email was opened. No Personal Information is transmitted through action tags. Action tags may be associated with cookie information.

How does PB use Aggregate Information and other non-personally identifiable information collected through the Website?

Aggregate Information collected on the Website may be used and disclosed in any way.  For example, we may collect and analyze collected Aggregate Information to determine how many Visitors arrived at certain pages of the Website, how long they stayed on those pages and where they went afterwards. This information allows us to determine which pages might be the most interesting to our Visitors and enables us to improve their experience on the Website. We also may use Aggregate Information to improve the performance of our Website and to customize the content and layout of our Website pages for you. We may share Aggregate Information with our affiliates (companies controlled or owned by us, or companies that control us, or are under common control with us). We may also share Aggregate Information with third parties, such as, but not limited to, our advertisers and business partners, for marketing and promotional purposes.

Please note that, while we only use information we find out from tracking Internet Protocol addresses in the aggregate and not to track a specific Internet Protocol address to identify an individual user, we may use such information to identify an individual user if we feel there are or may be safety and/or security issues or to comply with legal requirements.

In addition, we may allow third party service providers, such as, but not limited to, advertisers, website statistics gatherers and others, to use cookies and other technologies to, among other things, serve ads, collect statistics about use of the Website and enable such third parties to record information such as your browser type, Internet Protocol address, which ads your browser has seen, which Website pages you may have been viewing when ads were delivered, your referring URL, your geographic location and other interaction information (but not your name or address). PB does not control the use of this technology or the resulting information and is not responsible for any actions or policies of such third parties.

Please note that non-Personal Information that you submit to us in connection with an Inquiry (for example, the location or budget of an event for which you are inquiring about our services) may be used in any form for our (and our affiliates’) internal research, marketing, product/services development and other similar purposes.

Does PB share Personal Information with other companies?

In order to provide you with efficient and reliable services and to improve product and service options available to you, PB may share your Personal Information with our affiliates.

PB does not currently share Personal Information with non-affiliated third party companies for their marketing purposes. However, PB reserves the right to share, at any time, Personal Information with third party companies with whom we have a marketing or other business relationship.

PB may operate sweepstakes, contests, raffles, games and similar promotions through the Website. In such instances, we typically ask you for certain Personal Information when you enter and, if applicable, win a sweepstakes, contest, raffle, game or similar promotion. We reserve the right to share this Personal Information with third party sponsors of such sweepstakes, contests, raffles, games and promotions (regardless of whether or not it is hosted by us), or otherwise in accordance with the rules applicable to such sweepstakes, contest, raffle, game or promotion. You should carefully review the rules of each specific sweepstakes, contest, raffle, game and promotion in which you participate through the Website, as they may contain additional important information about PB’s or a sponsor’s use of your Personal Information. To the extent that the terms and conditions of such rules regarding the use of your Personal Information conflict with this Privacy Policy, the terms and conditions of such rules shall control.

You may opt out of allowing us to share Personal Information with our affiliates and third parties for their marketing purposes.

Regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the Website or have only submitted Personal Information in connection with an Inquiry, PB may, without restriction, disclose aggregated statistics about Visitors to the Website, along with specific information concerning individual Visitors of its Website that is not Personal Information, provided that no specific individual can be identified by the information so disclosed.

PB may also share your Personal Information, without restriction (and regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the Website or have only submitted your Personal Information in connection with an Inquiry), with companies that we hire to perform services for us, such as, but not limited to, vendors that provide data processing, computer software maintenance and development, statistical analyses, order fulfillment, sweepstakes administration, email delivery, transaction processing and marketing services, and companies providing professional, legal or accounting advice to us. In such situations, PB requires that these companies agree to limit the use of such Personal Information to the purposes for which it was provided. Furthermore, in compliance with privacy laws, we may also provide our opt-out lists to non-affiliated third party companies so that they can be suppressed from the communications those companies send on PB’s behalf.

Under limited circumstances, regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the Website or have only submitted your Personal Information in connection with an Inquiry, your Personal Information may be disclosed to non-affiliated third parties as either permitted by, or to comply with, applicable laws and regulations. For example, we may disclose your Personal Information to comply with investigations by regulatory authorities or enforcement agencies in the United States of America or elsewhere, or to protect against or prevent actual or potential fraud. Furthermore, PB may disclose your Personal Information if it has a reasonable good faith basis to believe that it is required to do so by law, compelled by court order or legal process, or is reasonably necessary and/or appropriate to: (i) protect the rights, privacy, property and/or safety of PB or any other person or entity; (ii) permit us to pursue available remedies or limit the damages we may sustain; or (iii) prevent or take action concerning any alleged: (a) illegal activity or (b) breach of the Terms and Conditions of Use or Privacy Policy of this Website.

In the event there is a change in the corporate structure of PB such as, but not limited to, merger, consolidation, sale, liquidation, or transfer of substantial assets, PB may, in its sole discretion, transfer, sell or assign information collected on and through this Website, including without limitation, Personal Information concerning Visitors, to one or more affiliated or unaffiliated third parties.

How and where do we store information?

While we take reasonable efforts to protect Personal Information provided to us, we cannot guarantee that such information will not be lost, disclosed or accessed by accidental circumstances or by the unauthorized acts of others. We maintain this Website in the United States of America. By providing Personal Information and other information through the Website, you understand and consent to the collection, use, processing and transfer of such information to the United States of America and other countries or territories, which may not offer the same level of data protection as the country where you reside, in accordance with the terms of this Privacy Policy.

Links to other websites

The Website may contain links to other websites or resources of possible interest to you. The collection and use of your Personal Information and other information by such websites shall be subject to the policies and procedures of such websites and not this Privacy Policy. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.

What are our policies regarding children?

PB does not knowingly collect Personal Information from anyone under thirteen (13) years of age.

What are my “opt-out” choices?

To protect the confidentiality of your Personal Information and respect your wishes for how it is used, PB offers certain “opt out” alternatives.
You may choose not to receive electronic communications from us by: (i) following the “unsubscribe” instructions in the specific email from which you wish to opt-out; or (ii) sending an email to unsubscribe@prestonbailey.com.

In addition, you may choose to opt out of allowing us to: (i) share Personal Information with PB’s affiliates for their direct marketing purposes; and/or (ii) share Personal Information with third party companies for their marketing purposes. You may indicate your preferences to opt out of one or both of the choices above by emailing us at optout@prestonbailey.com.

We will respond to a request made pursuant to the methods described above as promptly as practicable. Even if you choose not to receive electronic communications from us as described above, we may still contact you from time-to-time to let you know important information about your account and/or your use of features on the website and the community (and we may still contact you regarding the subject matter of an Inquiry).

Please note that if you wish to opt out of receiving electronic information from us and out of allowing us to share your Personal Information with PB’s affiliates or third party companies for their marketing purposes, PB still may retain any record of your Personal Information that is necessary to comply with applicable federal, state or local law, and residual information may remain within PB’s and its affiliates’ databases, access logs and other records, which may or may not contain such Personal Information. Further, we will not be able to remove your Personal Information from the databases of third parties with which we have already shared such Personal Information as of the date of your opt-out request. If you wish to cease receiving marketing messages from such third parties, please contact such third parties directly or utilize the opt-out mechanisms set forth in their respective privacy policies or marketing messages.
If you would like to check, change or confirm your privacy choices, please contact us at info@prestonbailey.com.

California Privacy Rights

Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that had been so disclosed. If PB elects to disclose Personal Information to third parties for such third parties’ direct marketing purposes, because PB provides you with an opportunity to opt out of such disclosure, PB does not have to provide you with such lists. If you are a California resident who would like information on how to exercise your rights concerning third party disclosures, you may send an email to or contact us via postal mail at:

privacy@prestonbailey.com
Preston Bailey Online, LLC/Preston Bailey Designs, Inc.
147 W. 25th Street
11th Floor
New York City, NY 10001
Attn: California Privacy Rights Administrator

Miscellaneous

This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. Any dispute concerning this Privacy Policy or your use of this Website shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or any other arbitration initiated pursuant hereto. In the event that any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, including without limitation the scope, duration or area of its applicability, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by PB of any provision of this Privacy Policy shall be deemed a further or continuing waiver of such provision, and PB’s failure to assert any right or demand compliance with any provision of this Privacy Policy shall not be deemed to constitute a waiver of any such right or provision. Notwithstanding anything to the contrary set forth in Privacy Policy, PB may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York, in the event that PB believes that there is a violation, or a threatened violation, of any of PB’ intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

Contact Us

If you have any questions concerning this Privacy Policy, you may email us at privacy@prestonbailey.com or write to us at:

Preston Bailey Online, LLC/Preston Bailey Designs, Inc.
147 W. 25th Street
11th Floor
New York City, NY 10001
Attn: Privacy Officer

Effective Date: October14, 2009
Last Updated: August, 15, 2010

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