Privacy policy

Prabal Gurung LLC (“Prabal Gurung LLC”) values our customers and respects your privacy. We collect personal information about you in an effort to improve your shopping experience and communicate with you about our products and events. This Privacy Policy (“Policy”) describes the personal information Prabal Gurung LLC collects about you, our collection methods, collection purposes, and what we may do with the information. This Policy covers only data collected through those web pages at www.prabalgurung.com that display a direct link to this Policy (the “Website”). It does not apply to any other data including, without limitation, data that we collect through other web pages at www.prabalgurung.comor offline, or data that others collect on websites that are linked or linking to the Website. By visiting the Website, you signify your acceptance of this Privacy Policy and give us your consent to process and use the data in accordance with the practices set forth in this Policy.

TYPES OF DATA PRABAL GURUNG LLC COLLECTS, OUR COLLECTION METHODS, AND COLLECTION PURPOSES

Prabal Gurung LLC collects and stores information from visitors to this Website, including those who register their information, request a look book, or who use the online “e-store.”

When you purchase products through our Website or otherwise actively send us data, you are providing, and we collect, data such as your name, email address(es), billing address(es), delivery address(es), telephone number(s), and credit card information. In each such instances, you will know what data we collect through the Website, because you actively submit it. Subject to your prior consent, we collect actively submitted data primarily for the purpose for which you originally sent us the data (for example, to sell and deliver products). This information also may be used for our own marketing and internal business purposes, and to contact you about sales, special offers and new features, unless you have opted not to receive promotional communications in connection with this Website. To serve you better, we may combine information you give us with other information which is publicly available.

We may also collect and store certain other information automatically whenever you interact with this Website. For example, we may collect your IP address, browser information and reference website domain name every time you visit this Website. We also may collect information regarding customer traffic patterns and Website usage. This information is used to analyze and improve this Website and to provide our customers with a fulfilling shopping experience.

Like many websites, we use "cookies", which are files stored on your computer's hard drive by your browser. We use cookies to ascertain which web pages are visited and how often, to make our Website more user friendly, and to give you a better experience when you return to the Website. Most browsers accept cookies automatically but allow you to disable them. We recommend that you leave cookies "turned on" so that we can offer you a better shopping experience on this Website.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Prabal Gurung (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@prabalgurung.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, New York before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Prabal Gurung’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

DISCLOSURE OF PERSONAL INFORMATION

Prabal Gurung LLC will not rent or sell your personal information to others who are not affiliated with us. We may engage third parties to perform services in connection with the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Website evaluation, data analysis and, where applicable, data cleansing. We provide personal information to these third parties, but we authorize them to use this information only in connection with the services they perform.

From time to time, we may engage with third party business partners to collect personal information on Prabal Gurung LLC’s behalf in the form of joint promotion ventures. In such cases, these third parties will be subject to confidentiality agreements and instructed by Prabal Gurung LLC to comply fully with our Privacy Policy. We may share your personal information with current corporate affiliates or, in the event of a sale of some or all of our business, Prabal Gurung LLC may disclose your personal information to a purchaser that agrees to abide by the terms and conditions of this privacy policy. We share aggregated demographic information about our user base with our agents, including agencies or third-party vendors used to aggregate demographic information, provide marketing analysis and consult on advertising strategies. This information does not identify individual users. We do not link aggregate user data with personally identifiable information.

We may also share your information to respond to law enforcement requests, court orders or other legal process or as otherwise required by any applicable law or regulation.

If for any reason you choose to access a third party website linked to our Website, you do so at your own risk. We are not held responsible for how these outside parties collect, use, protect or disclose the information you provide them.

ACCESS AND CORRECTION

Please keep your personally identifiable information, accurate, current, and complete by routinely updating your user profile or by contacting us as specified below.

SECURITY

The security of your information is very important to us and will only collect personally identifiable information to the extent deemed reasonably necessary to serve you in view of our legitimate business purposes as set out above. We take reasonable steps to protect personally identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. But, you should keep in mind that no Internet transmission is ever completely secure or error-free. In particular, e- mail sent to or from the Websites may not be secure.

If you have any questions about security on our Website, you can email us at customerservice@prabalgurung.com

OPT-OUT, COMMUNICATION PREFERENCES

We operate an opt-in policy in terms of communicating via email, post, and telephone. By subscribing to our mailing list, you are opting to receive communications by email. However, every time we contact you after this, you will have an opportunity to unsubscribe from our mailing list. We will not sell your personal details to any database companies. Should you choose to have your name and personal data removed from our database, you can do so by clicking the unsubscribe link on the email or by sending an email to customerservice@prabalgurung.com.

EFFECTIVE DATE, AMENDMENTS

This Privacy Policy is effective September 01, 2016. We reserve the right to amend it from time to time and if we change it materially, we will post a revised version on the Website.
Please check back periodically, and especially before you provide any personally identifiable information to us.

LINKS TO OTHER WEBSITES

This Website may contain links or references to other web pages to which this Privacy Policy does not apply. We encourage you to read the privacy statement or policy of every web page you visit.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits customers of Prabal Gurung LLC who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to customerservice@prabalgurung.com or write to us at:

Prabal Gurung LLC
ATTN: Customer Service
247 West 37^th St. Suite 1501

New York, NY 10018

AGE REQUIREMENT

This Website is not intended or directed to anyone under the age of 13. We do not sell or ship any items ordered through this  Website directly to anyone who we know to be under the age of 13, nor do we collect any personal information from anyone who we know to be under the age of 13. If you are under the age of 13, you should use this  Website only with the involvement of a parent or guardian and should not submit any personal information to us.

CONTACT US

Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this Policy at customerservice@prabalgurung.com

CHANGES IN THIS PRIVACY POLICY

If we decide to change our privacy policy, we will post those changes to this Privacy Policy, which is linked from the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently.