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TERMS AND CONDITIONS

TERMS OF SERVICE

The following Terms of service (along with the privacy policies displayed on the Community Service pages of this website ) establish the legal conditions that apply to your use of our website www.jackiesmith.com/es or www.jackiesmith.com/en (hereinafter the “website” or “site” ) and the other services we offer.

This website is operated by Jackie Smith. Throughout the site, the terms “we”, “us” and “our” refer to Jackie Smith. Jackie Smith offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Our privacy policy explains how we treat your personal information and how we protect your privacy and the privacy of others when you use our services.

By using our services, you acknowledge that we will collect, access, process, store and use any information you provide to us in accordance with our Privacy Policy and any privacy settings we provide to you.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Jackie Smith, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Jackie Smith and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 848 Brickell Ave. Ste. 203, Miami, FL, 33131, United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customerserviceus@jackiesmith.com.ar

SCHEDULE 1

1. You are shopping on a merchant’s website (the “Merchant”).

2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.

3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:

3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.

3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.

3.3 The Merchant remains responsible for handling payment for your order.

3.4 Once your payment is processed, ownership in the items will shift from Passport, to you.

3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.

3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.

3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

3.8 You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorised.

4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.

8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.

9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

9.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.

9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.

9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions .

9.5 Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.

9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.

9.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.

9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:

(A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:

a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);
a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and

(B) In relation to the transport of a Product or Products to an address:

in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and
in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.

PRIVACY POLICY

JACKIE SMITH PRIVACY POLICY

LAST UPDATE: July 7, 2022

1. ABOUT JACKIE SMITH AND ITS PRIVACY POLICY

We are Jackie Smith (we, us, our) and we are committed to protecting your information. Jackie Smith is a United States registered company with address at 848 Brickell Ave Ste. 203, Miami, Florida, US. Our contact email address is customercareus@jackiesmith.com.

This privacy policy describes how your personal information is collected, used and shared when you visit or make a purchase on jackiesmith.com/es, jackiesmith.com/en and jackiesmith.com.ar for Argentine territory only.

The website and services offered by Jackie Smith are not intended for use by children.

If you have any questions about this Privacy Policy you can write to customercareus@jackiesmith.com.

2. WHAT INFORMATION WE COLLECT AND HOW WE COLLECT IT

When you interact with us either through our website or by communicating with us, we may collect the following information about you:

Information you provide to us: you may give us information about you when you register on our website, place an order, complete any type of online form (such as change request, contact form, contests, surveys) opt-in to receive our Newsletters and special offers, participate in contests or promotions, interact on social media with our website, or when communicating with us (via email, phone, apps, social media or other).

Depending on the data you provide, this information may include your name, address or location, phone number and email address, date of birth, gender, purchase information, purchase preferences, images and financial information (which includes your credit and debit card details, although we do not process these, as they are processed by our payment processors).

In the case of referral campaigns, you can invite your friends to shop on our website (via email, Facebook, WhatsApp or by sharing a link) from your Jackie Smith account or emails. We will let them know that we have received their details through you, so please make sure you have your friends' consent before sharing their contact details with us, and only forward emails to people you know would like to receive them.

Information we receive from other accounts or sources: We may receive information about you from other sources, such as from your other accounts (such as when you use your Apple ID or sign in with Google or Facebook on our website) or other websites, including data brokers, such as Facebook, advertiser networks, analytics partners, as well as payment and messaging providers.

By linking your Jackie Smith account on our website with your social media account, you give us permission to obtain certain information and content from those accounts. The specific types of information we may collect will depend on the settings you have on these accounts or websites, and will be subject to their privacy policies.

We supplement the data you provide to us with data from aggregated data services, such as public or social graph data, in order to provide you with content and promotions that are of benefit to you. We will aggregate this data with your customer account information to better understand users' interests and to provide more relevant product recommendations and advertisements, to increase our customers' security when using our website, and to comply with our legal obligations, such as penalty laws. This information may be associated with your personal data, such as your name, email address, address, physical address or telephone number.

Information our IT systems collect about you: each time you visit our website, certain information will be created and automatically recorded by our IT systems. This information includes:

Cookies: you can read more information about cookies in point 6. These small text files can help improve your experience on our website and facilitate your interaction with us. This may include storing your location or language preferences, so that you do not have to re-enter this information when you return; or to ensure that items you wish to purchase do not disappear as you browse the pages of our website. We also use cookies to deliver targeted advertisements to you;

Device information: the information that comes from your device may differ, depending on your operating system (PC, Mac, iPhone, Android or other) and settings, but also depends on the type of device you have (an iPhone 12 or a Samsung Galaxy S10, for example), the device IP address and location, the browser you use, your mobile network provider (in the case of mobile devices), the pages you have visited, your time zone and country, as well as error download reports and crashes.

3. WHAT WE USE YOUR INFORMATION FOR

In order to provide you with our services, including those that allow you to order and receive products using our website, as well as to manage your Jackie Smith account and optimize your experience, we need to use your information in a number of ways.

We also use this data for marketing and advertising purposes. Whenever you have indicated that you would like to receive marketing communications from us or whenever you have made a purchase using our services, we and our partners will use your personal information (comprising your name, email and address) to occasionally send you updates, news and offers via email, post or other means. We may use your data (which includes supplemental information received from our partners that we append to our existing customer data, as described below), to send you customized messages.

You can unsubscribe from our email marketing communications by following the opt-out options at the bottom of our promotional emails.

If your country has such services, we may use your information to provide you with shopping recommendations and services related to your personal style, so that you have access to an enhanced and more engaging shopping experience. Such services will be provided in conjunction with third-party service providers, who will act as processors.

We use third-party service providers in order to deliver more relevant ads to you across devices and on our own website. In addition to information about your visits to our website, our service providers may use data about your interactions with other websites or apps to present you with advertisements for products available on Jackie Smith. For more information on how to opt out of these targeted advertisements and to control the use of cookies, please read the cookie section of this Privacy Policy.

We also conduct research, analysis and surveys about the use of and visits to our website. We keep track of the time you spend on our website to validate whether you can benefit from our loyalty programs. Finally, we use your information to confirm your identity and perform anti-fraud credit checks to ensure your and our financial security.

The purposes for which we collect your information, what information is collected and the legal basis are detailed below.

To register and manage your Jackie Smith account on our website: we collect your name, email and password. The legal basis lies in the execution of a contract with you.

To complete orders you place through our website: we collect your email, name, address, telephone number and order details, such as the products you are buying, the size and the price. The legal basis lies in the execution of a contract with you.

To receive your payment: we collect your payment information, comprising credit/debit card number, cardholder name and CVV. We do not store this data and only transfer it to our authorized payment providers. The legal basis lies in the execution of a contract with you.

To provide you with our Customer Services: (including helping you resolve any problems you may have with our services, updating you on any changes to the terms of our services, or contacting you to find out how your experience with us has been): we collect your name, email address, password, telephone number and address and your contact history with us. The legal basis lies in the performance of a contract with you and our legitimate interests in retaining you as a customer.

To monitor the quality of our Customer Care services: we collect your name, email, password, phone number and addresses, your response to our inquiries through WhatsApp or contact forms about the quality of the service you received and your history of contact with us (including phone records of our conversations and conversations through email or other instant messaging applications). The legal basis lies in our legitimate interests and in the operation of our business.

To administer, maintain and optimize our website and our services: we collect your device information (such as IP address and the type of device you use), cookie identifiers and browsing information. The legal basis lies in our legitimate interests in the operation of our business.

To perform fraud and credit checks, and assess whether we can do business with you: we collect your name, email, addresses, credit/debit card details, browsing history, purchase history, date of birth, gender, specific cookie behavior, information from your devices (such as IP address and the type of device you use), any identity documentation (such as driver's license or ID card) and any publicly available information (such as social media profiles or news feeds). The legal basis lies in our legitimate interests to protect Jackie Smith and its customers from fraudulent activity, and to comply with legal obligations.

To send you marketing communications and personalized offers: we collect your name, email, phone number, address, language preference, date of birth, purchase history, browsing history and behavior, device information, shopping preferences, cookie identifiers, internal identifiers and country. The legal basis lies in our legitimate interests in electronic direct marketing of similar products and services you have purchased using our website or—where this is not applicable—your consent to send you special offers and campaigns powered by Jackie Smith.

To manage our Jackie Club loyalty program: we collect your name, email, phone number, address, date of birth, purchase history, browsing history and behavior, device information, shopping preferences, user name, cookie identifiers, internal identifiers, country, spending level and purchasing power. The legal basis lies in our legitimate interests in administering our business and improving your shopping experience.

To provide you with personalized recommendations and enhance your experience: we collect your name, email address, phone number, address, date of birth, purchase history, browsing history and behavior, in-store interactions with products, information from your devices, shopping preferences, user name, cookie identifiers, internal identifiers, country, spending level and purchasing power. The legal basis lies in our legitimate interests in administering our business and improving your shopping experience.

To conduct studies, analyses, surveys and questionnaires about your use of our website: we collect your name, address, email address, device information, demographic information (including gender, country of residence) and survey response content. The legal basis lies in our legitimate interests in the operation of our business and in improving our website and your user experience.

To advertise and retarget advertising for our products and services: we collect your email, cookie identifiers and device information. The legal basis lies in our legitimate interests in the operation of our business.

To produce aggregate statistical reports: we use your order history, ensuring that the results of these reports do not identify you. The legal basis lies in our legitimate interests in the operation of our business and the improvement of our website.

4. WHO WE SHARE YOUR INFORMATION WITH

To facilitate our services and the website as such, we work with a select number of third parties. To do so, we may share your information with them in the following, appropriately limited, circumstances:

To function properly, we rely on a select number of third parties to provide us with their services and products. We allow these companies to use your information only as strictly necessary for the purpose of providing their services and products to us. Below, you will find the types of providers we use:

Courier companies that we use to deliver products to you and, therefore, they need to have access to your order information, which includes your name and address. These suppliers have a global reach, with several local companies that may be involved in the process.

Payment providers, which we use to process your payment information (such as your credit/debit card details) so that we can receive your payment. These are based in the European Union, the United States and China, and are involved in the process depending on your location.

Anti-fraud and credit validation providers, to keep you and us safe. They have access to your information and associated orders, and process them in order to verify any fraudulent behavior. Our current providers are located in the United States, Europe and Israel.

Search engine and analytics providers, such as Google, that we use to assist you in improving and optimizing our website. These providers are located in the United States and Europe.

Marketing tools that help us drive our marketing. These providers are located in the United States.

Marketing performance and recommendation providers, which help us provide Jackie Smith product recommendations tailored to your interests and needs. These providers are located in Europe and the United States.

Research companies, which we may engage to help us conduct surveys about your use of our website and our services. These providers are mostly located in Europe or the United States.

IT/technology provider we use to support, maintain and deliver our IT technology and infrastructure that supports our website and stores our information. This provider is located in Canada.

● Ads for marketing purposes: we may give your information to our advertising and social media partners of your choice (Facebook), provided that they require this data to select and use relevant ads about our products and services and those of our partners, targeted to you and others;

● Data enrichment service providers: we may enrich, aggregate or combine the information we hold about you with information from other sources, in principle, by sharing some of your personal data with selected business partners. These partners are located in Europe. We do this to better understand your customer profile and interests so that we can provide you with offers especially for you, as well as specialized services;

● Third-party role when considering a corporate transaction: we are always looking for new directions and growth opportunities. This means that, on certain occasions, we may consider corporate transactions, such as mergers, acquisitions, reorganizations, sale of assets or other similar transactions. In this way, we may transfer your information to allow for the appreciation and completion of this transaction. If we buy or sell any business or assets, your personal information may be one of the assets to be transferred;

● To comply with legal requirements: on occasion, we may be required to cooperate with various regulatory and law enforcement agencies in different countries, whether by legal requirement, court order or other legal process. Although we dispute the requirements whenever possible, in some cases we will have to share your information with regulatory or law enforcement agencies. When we deem it appropriate, and bearing in mind that we are not prohibited from so doing by any law or court order, we will attempt to notify you of these legal claims;

● Aggregated information with third parties: we may aggregate your data with that of other customers, creating a database of information about your use of our website, product purchases and other general aggregate data about our customers. Our legitimate interest is to understand the use of our service and demand for our product. Although this data set is aggregated and anonymous, meaning that it cannot identify you individually, it provides value in terms of your use of our website and may be shared with selected third parties. These third parties may include providers of plugins or similar technologies to help measure traffic; our partners and other providers to enable them to better store products.

5. TRANSFER OF YOUR PERSONAL DATA.

By using our Website and services, you acknowledge and agree that your personal information will be processed in Argentina and the United States.

To provide our website and services, we may transfer and store the personal information we collect about you at a destination outside of Argentina, mostly in the United States of America, as well as at one of our partners or one of the service providers we work with, as indicated below:

● We transfer personal information to one of our partners outside of Argentina, to the extent such transfer is necessary to complete the contract between you and the partner from which the products in your orders originate.

● When we transfer personal information to one of our service providers set out above, we rely on the adequacy of various measures, as indicated below:

Adequacy decision: we transfer the personal data we collect about you to conduct fraud checks in Israel, which has been found to have an adequate level of personal data protection under Commission Decision 2011/61/EU of January 31, 2011.
Model clauses: we rely on the Commission's model contracts for the transfer of personal data to third countries (such as standard contractual clauses).

6. COOKIES

We use cookie technology to collect information and store your online preferences. Cookies are small pieces of information sent by a web server to a web browser, which allows the server to authenticate the identity of the browser on each page. We use the following categories of cookies on our website:

Strictly necessary cookies: these cookies are essential, as they allow you to navigate through the website and use its functionalities. Without these cookies, the services you requested, such as remembering your login details or shopping bag items, would not be available. These cookies will also inform us, through your behavior on our website, whether we can do business with you and protect Jackie Smith and its customers from fraudulent activity.

Analytical cookies: these cookies collect anonymous information about how people use our website (for example, we use Google Analytics cookies to help us understand how customers arrive, search or use our site), as well as highlight areas where we can improve, such as navigation, shopping experience and marketing campaigns. The data collected by these cookies never show personal information and it will never be possible to establish your individual identity. They are also used to help measure the effectiveness of an advertising campaign. You can disable these cookies from your browser settings.

Functional cookies: these cookies store the selections you have made, such as the country from which you are visiting our website, language and search parameters such as size, color and product style. In so doing, they can be used to provide you with an experience more suited to your selections and to make your visit more enjoyable. The information contained in these cookies can be anonymous and cookies cannot track your activity on other websites. You can disable these cookies from your browser.

Targeting or advertising cookies: these cookies collect information about your browsing habits and limited aggregated demographic information, in order to manage advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement. Cookies are generally provided by an advertising company. They keep track of the websites you visit, and that information is shared with related parties, such as advertisers. For example, we use third-party companies to serve you more targeted ads when you visit other sites or applications. You can disable these cookies from your browser.

You can withdraw your consent to these cookies at any time through the following options:

● Google Analytics cookies on all websites: please visit Google Analytics Opt-out Browser Add-on.

● Any other type of cookies: you can clear your cookies through your browser settings.

Remember that even if you disable cookies, you will continue to receive online advertisements. This means that the company or companies where you have disabled this option will no longer place advertising tailored to your web preferences and usage patterns, so you will see a large number of ads that are irrelevant to you and your preferences.

7. SECURITY

Keeping you and your personal information secure is very important to us. That's why we try to protect them by following these steps:

● Using Secure Socket Layer ("SSL") encryption to help us encrypt the personal data you submit to us during the checkout process (including any financial information, such as credit or debit card details);

● By asking you for a password to access your Jackie Smith account on our Website;

● By deleting your credit or debit card details, to prevent third parties from being able to make a transaction using that card (such as your CVV number);

● Regularly monitoring our servers and IT systems for potential vulnerabilities and attacks.

Unfortunately, despite these precautions, the transmission of information via the Internet is not completely secure. We cannot guarantee the security of your personal data transmitted to or through our website, so any transmission is at your own risk. In particular, please be aware that if you voluntarily submit personal information online in an unprotected environment (such as a message board, shopping list or chat areas), this information may be collected and used by others outside of our or your control.

ARTICLE 8 - HOW LONG WILL YOU USE MY INFORMATION?

We will keep the data you provide to us for as long as you hold your Jackie Smith account with us and thereafter for as long as you have any queries or complaints in relation to our services, plus any additional maintenance period we may be obliged to, in accordance with any legal requirements that apply to us. In some circumstances, you may ask us to delete your data as explained below. When you have finished using our services, we may store your information in an aggregated and anonymous format.

ARTICLE 9 - WHAT ARE MY PRIVACY RIGHTS?

You have certain rights in relation to the personal information we hold about you, which are set out below. Some of these rights only apply in certain circumstances. We will also tell you how to exercise these rights. Please note that we may ask to verify your identity before responding to any request to exercise your rights, and this may include asking you a series of security questions to make sure that it is you. When you ask someone else to make this request on your behalf, that person and/or organization will need to demonstrate a valid power of attorney from you. We must respond to your request to exercise these rights without delay and in at least one month (however, this may be extended to an additional two months in certain circumstances).

To exercise any of your rights, please complete the Form below.

● Access: you have the right to know whether we process your personal data and, if we do, to access the data we hold about you and certain information about how we use it and with whom we share it (such as the categories of personal data we share with companies for use in direct marketing and the names and addresses of those companies). Please note that in your Jackie Smith account dashboard you can view your information, primarily your account details (such as name, email), the addresses you use for billing and shipping, your order history, and your shopping preferences.

You may also request a copy of your information. If you request more than one copy of the information we have about you, we may require a reasonable administrative fee.

We may not give you certain personal information if doing so would interfere with other rights (for example, if it would cause us to disclose information about another person) or where other exceptions apply.

● Portability: you have the right to receive a subset of personal data that we collect about you in a structured, commonly used and readable format on any device, as well as the right to request that we transfer that information to a third party. The subset of personal data is information that you provide to us with your consent or for the purpose of maintaining our contract with you.

If you wish us to transfer this data to a third party, please be sure to detail this and note that we will only be able to do so where technically possible. We are not responsible for the security of this personal information or its processing once it is received by a third party. In addition, we may refuse to give you certain data if doing so would mean disclosing information about another person (for example, if this would cause us to disclose information about another person, as well as our trade secrets or intellectual property).

● Data correction: You have the right to correct any personal information we have about you that is inaccurate. You may request a correction by email. Please note that in some cases we may ask you to explain in detail why you believe the information is incorrect or incomplete so that we can assess whether a correction is necessary. It is also important for you to know that, even if we conclude that your personal data is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data, as described below.

● Deletion: You may request that we delete the personal data we hold about you in certain circumstances. Please scroll down to find out what these are:

When you believe that it is no longer necessary for us to continue to hold your personal data;
Where we are processing your personal data based on your consent and you wish to withdraw this consent and there is no other place under which we can process it;
Where we are processing your personal data on the basis of our legitimate interests and you object to such processing. Please tell us in detail your reasons so that we can assess whether there is an overriding interest for us in retaining such information;
When you do not want us to use your personal data to send you promotions or special offers;
When you believe that your personal data has been unlawfully processed by us.

Furthermore, please note that you may exercise your right to restrict our processing of your data provided that we consider that your request complies with what is explained below.

Please provide as much detail as possible in your request to help us establish whether you have valid grounds for deletion. Please note that we may retain your personal data if there are strong legal grounds to do so (for example, for the defense of legal claims or freedom of expression). We will let you know if this is the case.

In the event that you have requested deletion of data we have made public and there are reasonable grounds to do so, we will take reasonable and necessary steps to tell those who are displaying this data or providing links to it that they should also delete it.

● Restriction of processing for storage only: you have the right to ask us to only process your personal data for storage purposes, in certain circumstances. Please note that if we stop processing such data, we may use it again if there are sound grounds in data protection law that allow us to do so (for example, for the defense of legal claims or for the protection of another person).

Please find below the cases in which you can request that we stop processing your information and only store it.

When you believe that this personal data is not correct during the period it takes us to verify your claim;
When we wish to delete the personal data, because the processing we are doing is not lawful, but you want us to keep this information for storage.
When we wish to delete personal data, as it is no longer necessary for our purposes, but you request that it be stored for the establishment, exercise or defense of legal claims;
When you have objected to us processing your personal data on the basis of your legitimate interest and you wish us to stop processing it while we determine whether there is any interest on our part in retaining it.

● Objection: at any time, you have the right to object to the processing of your information to send you promotions and special offers—which includes when we build profiles for such purposes—and we will stop processing that data for those purposes. You can do this by unsubscribing from the bottom of the emails you receive or by completing the Unsubscribe Form below.

Please note that you will continue receiving emails related to orders you place through our website, as well as updates to our Terms and Conditions and Privacy Policy.

You are also entitled to object to our processing of your data, and we will consider your request in other circumstances as set out below:

When we are processing your data (including when the processing is for profile assessment) on the basis of the legitimate right of our related entities, and you object to that processing. Please provide us with your reasons in detail so that we can determine whether there is an overriding interest for us in continuing to process such data, or whether we need to do so because of a legal claim. You may also exercise your right to request that we stop processing your data while we make this assessment of our interests.

Withdrawal of consent: You may withdraw your consent at any time by unsubscribing at the bottom of any email you receive or by completing this Unsubscribe Form.

ARTICLE 10 - QUESTIONS AND CONCERNS

If you have any questions or concerns about this Privacy Policy, please contact us as follows:

● By sending us an email to customercareus@jackiesmith.com

ARTICLE 11 - UPDATES TO THIS POLICY

We may update this policy from time to time to reflect, for example, changes in our practices or for other operational, legal or regulatory reasons. Please remember to check these policies to keep track of our latest updates.

SECURITY AND PRIVACY

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