Terms and conditions

These are the terms of use (Terms of Use) for your use of services or features on the site at www.diptyqueparis.com (Site) owned and controlled by Diptyque USA LLC ("Diptyque", "we", "us" or "our") whether you are a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use our Site. You may be accessing our Site from a computer or mobile phone or other portable device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access.

This Site is not designed for and does not collect, use, or disclose personal information from children under the age of 13.

We also like to interact with you on third party sites where we post content or invite your feedback, such as Facebook, Twitter, Instagram and YouTube (Third Party Sites). We do not control these Third Party Sites, and these Terms of Use do not apply to companies that Diptyque does not own or control, or to the actions of people that Diptyque does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Diptyque reserves the right to change or modify any of the terms and conditions contained in these Terms of Use from time to time at any time, without notice, and in its sole discretion. If we decide to change these Terms of Use, we will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

By proceeding to use our Site, you confirm that you accept these Terms of Use and our Privacy Policy and that you agree to comply with them. Please read these Terms of Use carefully before you start to use our Site. We recommend that you print a copy of this for future reference.

If you do not agree to these Terms of Use, you must not use our Site.

THE SECTION ENTITLED "DISPUTES'' CONTAINS PROVISIONS WHICH WAIVE YOUR ABILITY
- TO HAVE YOUR DISPUTE HEARD BEFORE A JURY AND
- TO BRING A CLASS ACTION. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Copyright and Ownership of Rights

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is Copyright ©2018 Diptyque SAS, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Diptyque SAS or its affiliates and is protected by U.S. and international copyright laws. All software used on the Site is the property of Diptyque SAS or its software suppliers and is protected by U.S. and international copyright laws. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission in each instance. You may not modify, delete, distribute or post anything on this Site for any purpose.

Intellectual Property

Diptyqueparis.com, other trademarks, logos and service marks as well as all page headers, custom graphics and button icons are registered and unregistered service marks, designs, trademarks, and/or trade dress ('intellectual property') of Diptyque our affiliates, our licensors and/or our suppliers in the United Kingdom, France, United States and may not be used in connection with any product or service that is not offered by Diptyque in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All intellectual property displayed on our Site are protected by trademark laws in the United Kingdom, France, the United States and internationally. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.

Accuracy of Content

The packaging of our products may vary from that shown. The weights and dimensions of our products are approximate only. We have made every effort to display as accurately as possible the color of the products that appear on the Site. However, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, Diptyque disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site. We are not responsible for the content of any Third Party Sites. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site or in Third Party Sites.

Damage To Your Computer

Diptyque makes every effort to ensure that this Site is free from viruses or defects. However, we cannot guarantee that your use of this Site or any websites accessible through it (including Third Party Sites) won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it. Diptyque will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.

Mobile Services

If you access the Sites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

Limitation of Liability

The Site and its content and services are presented "AS IS". To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content or services, whether express or implied.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

We will not be liable to any user for any loss or damage, in contract, warranty or in tort (including negligence) arising under or in connection with:
- use of, or inability to use, our Site; or
- inaccuracies or omissions in any content displayed on our Site.

In particular, we will not be liable in contract, warranty or in tort (including negligence) for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect, special, incidental or consequential loss or damage.

We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes. You may not sell or resell any products you purchase or otherwise receive from diptyque. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by diptyque in its sole discretion.

The preceding provisions are subject to the terms of the section entitled 'Notice to Residents of New Jersey'.

Indemnification

You agree to defend, indemnify and hold harmless Diptyque (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site in violation of any term of these Terms of Use; (b) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (c) any claim that any conduct by you caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site. This provision is subject to the section entitled 'Notice to Residents of New Jersey'.

Prohibited uses

You may use our Site only for lawful purposes. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content therein; or
- To interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers.

You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use;
 - any part of our Site;
 - any equipment or network on which our Site is stored;
 - any software used in the provision of our Site; or
 - any equipment or network or software owned or used by any third party.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors' fees, resulting from any third-party claim, action, or demand resulting from your unlawful use of the Site in violation of these Terms of Use. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. This provision is subject to the section entitled 'Notice to Residents of New Jersey'.

Submission of Information

We welcome your enquiries or feedback on the merchandise you use or might like to purchase. However, it is our policy to decline any unsolicited suggestions or ideas. Any inquiries, feedback, suggestions, ideas or other information you provide to us ('information') will be treated as non-confidential and non-proprietary. Subject to our Privacy Policy, by providing us with any such unsolicited information you hereby grant Diptyque a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology and whether alone or as part of other works.

You also agree that your information may not be returned and we may use your information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form.

You may not impersonate any person or entity or use any false email address or otherwise mislead diptyque as to the origin of the information submitted and you agree to indemnify diptyque and hold diptyque harmless from and against any claims arising from your claims and/or any third party's claims to any rights in any such information. This provision is subject to the section entitled 'Notice to Residents of New Jersey'.

User Generated Material

By submitting ideas, designs, customizations, creative concepts, or any other information ("User Generated Material") to this Site (or to our accounts on any Third Party Sites), you accept and agree that you assign and /or waive all ownership of and rights (including moral rights) in or to any intellectual property rights and other rights in the User Generated Material to diptyque. To the extent such transfer is not valid, you grant diptyque, by submitting the User Generated Material to this Site, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), the User Generated Material for any purposes as it deems fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Site or other products or services both online and offline.

All User Generated Material shall be deemed to be non-confidential. diptyque shall be entitled to use or disclose the User Generated Material in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against diptyque or any other party should any User Generated Material created, posted or sent by you be used in the above sense by diptyque or any part of its group.

You warrant that:
- you own or are otherwise entitled to any and all rights in any User Generated Material;
- any User Generated Material is not, and does not contain, material which is offensive, abusive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law including, in particular, any intellectual property rights;
- any User Generated Material is original and is not copied in whole or in part from any third party;
- any User Generated Material does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form; and
- you will not impersonate any person or entity or use any false email address or otherwise mislead us as to the origin of any User Generated Material submitted, and you agree to indemnify us and hold us harmless from and against any claims arising from your claims and/or any third party claims to any rights in any User Generated Material.

You agree that Diptyque:
- does not, and has no obligation to, review the User Generated Material;
- is not in any manner responsible for User Generated Material;
- does not guarantee the accuracy, integrity or quality of User Generated Material; and
- cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Material will not appear on this Site.

Notwithstanding the foregoing, Diptyque reserves the right to moderate all User Generated Material, and to decline the submission of, edit the content of, or remove from this Site, any User Generated Material in its absolute discretion, for example because it infringes the intellectual property rights of a third party, because the content is inappropriate, obscene, or abusive, or for any other reason. Diptyque is under no obligation to inform you of the reasons for such intervention.

Non-waiver

No failure to exercise and no delay on the part of Diptyque in exercising any right, remedy, power or privilege of Diptyque under these terms & conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Diptyque.

Notice of Residents of New Jersey

Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally.

The following provisions in these Terms of Use do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law will govern.

Reservation of Rights

We reserve the right, at any time, without notice and in its sole discretion, to terminate your license to use the the Site and to block or prevent your future access to and use of the Site. Diptyque may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to
- comply with legal process;
- enforce these Terms of Use, 
- respond to claims that any actions by you violate the rights of third parties, 
-respond to your requests for customer service, or
- protect the rights, property or personal safety of diptyque (and its employees), its users and the public.

Questions

If you have any questions regarding these terms of use please contact us by email at customerservice@diptyque.us or write to us at:
Customer Service
diptyque
145 West 28th Street, 7th Fl
New York, NY
10001

The Site is created and controlled by Diptyque in the State of New York, U.S.A. As such, the laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Diptyque reserves the right to make changes to the Site and these Terms of Use at any time.

Digital Millennium Copyright Act (DMCA)

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Diptyque's designated copyright agent the following written information in accordance with the DMCA:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our DMCA designated copyright agent for notice of claims of copyright infringement on this Web site is the Managing Director of Diptyque USA LLC, who can be reached as follows:
Customer Service
diptyque
145 West 28th Street, 7th Fl
New York, NY
10001

Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, Notices) to which these Terms of Use refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at customerservice@diptyque.us and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Use, including but not limited to the limited licenses set forth herein, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

General

You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

Disputes

Any claim or dispute between you and Diptyque that arises in whole or in part from the Site shall be decided exclusively before a Judge in a court of competent jurisdiction located in New York. YOU WILL NOT HAVE THE RIGHT TO ELECT THAT A JURY DECIDES YOUR CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence is subject to the section entitled 'Notice to Residents of New Jersey'.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OF REPRESENTATIVE PROCEEDING.

YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO AGREE TO THE TERMS OF THIS SECTION 'DISPUTES'.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Last Updated: 1 January 2020

Thank you for visiting Diptyque at www.diptyqueparis.com (the "Site"). The Site is owned and operated in the United States by Diptyque Distribution LLC ("Diptyque", "we" "us" or "our"). Diptyque values its customers and respects their privacy. Any information we collect about you is held with the utmost care and security. Your visit to the Site and your use of any of the services or features we provide is subject to our terms and conditions of which this privacy policy is part. This privacy policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal information we collect from you, or that you provide to us, will be used, shared or processed by us.  This includes personal information we collect online when you visit the Site and in our stores in the United States.  When we use the term "personal information" we are referring to information that is connected to your name.  This may include things like your e-mail address, mailing address, birthday, or telephone number, when those pieces of data are stored with your name. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it. By visiting the Site you are accepting and consenting to the practices described in this policy.

This privacy policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Facebook, Twitter, Instagram or YouTube, that information is governed by the privacy policies on those websites, and is not governed by this privacy policy. 

1. Information we collect

1.1 We collect the following general categories of personal information:

• Personal identifiers such as name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, bank account name,
• Statutory categories of personal information (Cal. Civ. Code § 1798.80)
• Commercial information
• Internet or other electronic network activity information
• Geolocation information
• Inferences for use in creating a consumer profile

1.2 Information you give us. You may give us information by filling in forms on our site https://www.diptyqueparis.com/ or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you:

• register to use our Site (which you must do if you would like to use some of the services and features we offer on our website),
• subscribe to our services,
• place an order on our Site,
• post content to the Site through reviews or comments, and
• visit our social media platforms (which would include your name, profile picture, likes, location, friend list and other information described in the social media application sign-up page).

This information may include your name, date of birth, gender, cultural interests address, telephone number, email address and debit or credit card information (if you wish to place an order on our website). When you register with us, you can view your personal information in 'My Account'. You can access 'My Account' directly to change any personal details, for example, if you move and want to change your address. If you forget your password, simply click on the 'forgotten password' link on the register or login page and an email containing your decrypted password will be sent to the email address you originally provided.

1.3 Information we collect about you. With regard to each of your visits to our site we use the following various technologies to automatically collect information about you:

• Cookies: these are small bits of information that are placed on the hard drive of your computer. Cookies remember information about your activities on the Site to make your visits to our Site more enjoyable and valuable to you by providing a customized experience and recognizing your preferences when you visit our Site.  If you've chosen to disable cookies on your browser, some of the functionality of our Site may be lost. Certain of our web pages, particularly those that require a login and password, require that cookies be enabled in your browser and cannot be used when you have disabled cookies in your browser.
• Flash Cookies (also called Local Shared Objects or "LSOs"): these are data files similar to cookies, except that they can store more complex data. Flash cookies are used to remember settings, preferences, and usage, particularly for video, interactive gaming, and other similar services.
• Web beacons, clear pixels, or pixel tags: these are small graphic images on a Web page or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns.
• Web server logs: these are records of activity created by the computer that delivers the webpages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you to a webpage on our Site. The Web server log also may record information about your browser, such as your IP address and the cookies set on your browser by the server.
• Geo-location technologies: this refers to technologies that permit us to determine your location. We may ask you to manually provide location information on our Site, or to enable your mobile device to send us precise location information.  We may also automatically collect general location information from your web browser.

1.4 Information we receive from other sources. We may receive information about you if you use any of the other websites we (or any member or brand within our group) operate or other services we provide. In this case, we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site.  We are also working closing with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.  

1.5 Children under age 13.  We do not knowingly or intentionally collect any personal information from children under the age of 13.  If you are under the age of 13 you can look at our Site, but you may not make a purchase, register, or submit any personal information to us. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on the site, we will delete the information from our records.

2. What we do with the information

We use information collected from you in the following ways:

2.1 Information you give to us. We will use this information in relation to:

(a) Administration of our Site: The information you give us is necessary to enable us to (i) fulfill your order (whether through purchase or promotion, including acknowledging your order and communicating with you if there is any issue regarding the fulfillment of your order), (ii) to make sure your order is delivered correctly and (iii) to maintain your account.

(b) Customer service: We ask for your contact details, such as your email address and telephone number, to enable us to answer any questions you have about using our Site and to notify you about the status of your orders.

(c) Direct Marketing: We want to keep you up to date on our latest products, promotional offers, and events.

Electronic Marketing. If you are an existing customer, we will only contact you by electronic means (email or text) about goods and services similar to those which were the subject of a previous sale or negotiations for a sale. If you are a new customer, and where we permit selected third parties to use your personal information, we (or they) will contact you by electronic means only if you have expressly consented to this.

Other Marketing. We will only contact you by mail or telephone if you have expressly consented to this contact.

(d) Our service: To notify you about changes to our service.

(e) Our Site: To ensure that content from our Site is presented in the most effective manner for you and for your computer, and so that we can enhance your experience of using our site.

2.2 Information we collect about you. We will use this information in relation to:

(a) Administration of our Site: To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

(b) Site improvement: To improve our Site to ensure that content is presented in the most effective manner for you and your computer.

(c) Customer service: The information we collect from you will allow us to (i) let you to participate in interactive features of our service, when you choose to do so, (ii) measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you, and (iii) make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.

(d) Security of our site: As part of our efforts to keep our site safe and secure.

2.3 Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

3. Disclosure of your information

3.1 We disclose for business purposes the following general categories of personal information:

• Personal identifiers such as name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, bank account name,
• Statutory categories of personal information (Cal. Civ. Code § 1798.80)
• Commercial information
• Internet or other electronic network activity information
• Inferences for use in creating a consumer profile

3.2 We may share your personal information with any member or brand within our Group. Please visit www.manzanitacapital.com for more information about which members and brands constitute our Group. They may use the information in accordance with their privacy policies for purposes such as: financial reporting and analysis; strategic planning; the development of customer segmentation and metrics to provide a consistent view of our customer base; the creation of inspiring content and editorial features, and the development and sale of new products and collaborations to enhance your experience as a customer of Diptyque or other brands in the Group.

3.3 From time to time we retain the services of third party companies and individuals to perform functions on our behalf in connection with the successful operation and continuous improvement of this Site. We may share your information with selected third parties including:

(a) Business partners, suppliers, and sub-contractors for the performance of any contract we enter into with them or you (e.g. in order to process your order and maintain your account, including the authorization and validation of credit or debit card transactions, the provision of delivery services, the analysis of data, etc. These companies or individuals may be provided with access to your personal details in order to fulfill their function but may not use such information for any other purpose).

(b) Advertisers and advertising networks that require the data to select and serve relevant advertisements to you and others.

(c) Analytics and search engine providers that assist us in the improvement and optimization of our site.

3.4 Other than as set forth above with respect to our parent company and any member or brand within our group, we do not rent, sell or otherwise provide your personal details to third party companies or individuals for their marketing purposes.

3.5 We have not sold your personal information within the past 12 months.

3.6 We may disclose your personal information to third parties:

(a) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

(b) If Diptyque Distribution LLC (or its ultimate parent company) or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

(c) If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect our rights, property, or safety (or the rights, property, safety of our customers, or others). This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

4. Where we store your personal data

4.1 The data that we collect from you may be transferred to, and stored at, a destination outside of the country in which it was originally collected. This may include transfers outside of the United States and into the European Economic Area (EEA). It may also be processed by staff working outside of the United States who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy and applicable law.

4.2 We use the latest encryption technology to ensure that all transactional information you provide to us is protected to the highest standard. Transactional information includes any credit or debit card details, your personal contact information, together with any other names and addresses you provide when you place an order for delivery to another address, and your purchasing history. If you have given your consent prior to entering the details required for the ordering process, our web site will retain your diptyque account details such as your name, address, email address and purchasing history. Each time you log into your diptyque account to create a new order you must re-enter your credit card details. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

4.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

4.4 We will retain the information we collect from you until you elect to no longer receive communications from us.

5. Third-party websites

Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

 

6. Email and SMS Opt-Out

You can at any time tell us not to send you marketing communications (i) by mail by following the instructions that are included in a particular promotion, (ii) by email by clicking on the unsubscribe link within the marketing emails you receive from us or (iii) by SMS by following the "STOP" instructions provided with the message. If you have registered with us, you also may opt out of receiving marketing materials (by mail, email and/or SMS) by logging into your account and changing your preferences.

7. Notices for California Residents

7.1 California Do Not Track Notice. 

(a) Under California law, website and online service operators are required to disclose how they respond to web browser "do not track" signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about a consumer's online activities over time and across third-party websites, to the extent the operator engages in that collection.  At this time, we do not track our customers' personal information over time and across third-party websites and therefore this requirement does not apply to us. 

(b) California law also requires website and online service operators to disclose whether third parties may collect personal information about their users' online activities over time and across different sites when the users use the operator's website or service. Third parties that have content or services on our site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. We do not knowingly permit such third parties to collect any personal information from our Site unless you directly provide it to us and we provide it to them with your consent.

7.2 Notice for Minors.  We may offer interactive services which allow you to post content to share publicly or with friends. At any time you can delete or remove content you have posted using the deletion or removal options within our services. If you have questions about how to remove content in a specific service or if you would like additional assistance with deletion you can contact our customer support team at customerservice@diptyque.us. Although we offer deletion capability, you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information posted through the services.

7.3 Under California law, you have the right to request and receive information from us concerning any third parties who have received personal information about you from us for the third parties' direct marketing purposes. Any such requests for information from us can be made by sending an email to customerservice@diptyque.us.

7.4 California Consumer Privacy Act (CCPA) Consumer Rights

(a) If you are a resident of California, the CCPA grants you the following specific rights regarding your personal information.  In order to exercise the rights, you must submit a verified consumer request.

(b) Right of Access and Transparency

 (i) You have the right to submit a verifiable consumer request that we disclose the following to you in a readily useable format covering the 12 month period preceding the verifiable consumer request:

  (1) The categories of personal information we collected about you.

  (2) The purposes for which the categories of personal information will be used.

  (3) The categories of sources from which your personal information is collected.

  (4) The business or commercial purpose for collecting personal information.

  (5) The categories of third parties with whom we share personal information.

  (6) The specific pieces of personal information we collected about you.

  (7) The categories of personal information we have disclosed for a business purpose.

(c) Right to Request Deletion

 (i) You have the right to request that we delete any personal information that we have collected from you. However, we are not required to comply with a request to delete, if it is necessary for us to retain the personal information in order to:

  (1) Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

  (2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  (3) Debug products to identify and repair errors that impair existing intended functionality.

  (4) Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  (5) Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

  (6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

  (7) Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  (8) Comply with legal obligations.

  (9) Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

(d) Right to Non Discrimination

 (i) You have the right to be free from discrimination when you exercise your consumer rights under the CCPA, including by:

  (1) Denying you goods or services.

  (2) Charging you a different price or rate for goods or services, including through granting discounts or other benefits, or imposing penalties.

  (3) Providing you a different level of quality of goods or services.

  (4) Suggesting that you may receive a different rate for goods or services or a different level or quality of goods or services.

 (ii) We may offer you financial incentives for the collection, sale or deletion of personal information. We may also offer you a different price, rate, level or quality of goods or services if that difference is reasonably related to the value provided to us by your data.

(e) Methodology for Submitting Consumer Requests

 (i) To exercise your rights regarding your personal information under the CCPA, please submit a verifiable consumer request for information through one of the following methods:

  (1) Call us toll free at +1 (240) 348-5146

  (2) Visit our website at https://www.diptyqueparis.com/

  (3) Email us your request at customerservice@diptyque.us

 (ii) We will deliver a response to you within 45 days of receiving the verifiable consumer request.

8. Changes to our privacy policy

We reserve the right to make changes to our privacy policy from time to time. Any changes we may make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our privacy policy.

9. Contact

Questions, comments or requests regarding this privacy policy are welcomed and should be addressed to us by mail, email or telephone:

Diptyque Customer Service

240 West 35^th Street, NY, NY10001

+1 (240) 348-5146

customerservice@diptyque.us