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NAOMI NOMI LLC: TERMS of SERVICE

Updated: September 09, 2019

Disclaimer

The Terms of Service (“Terms”) described herein cover the entire NAOMI NOMI LLC (“Company”) website which is located at www.naominomi.com (“Website”), and the Website Content (“Content”), and the Company’s Products (defined below) and services (“Services”) accessible via the Website or via in-person or telephonic interaction between an identified or identifiable natural person and the Company.

By visiting or using the Company’s Website, www.naominomi.com, and/or by interacting with the Company either in-person or telephonically, Individuals accept and consent to the Terms of Service described herein.

Use and Collection of Information

NAOMI NOMI LLC collects information from identified or identifiable natural persons including, but not limited to, current, prospective, and former customers who either use or visit www.naominomi.com or engage with the Company in-person or telephonically (individually and collectively “Individuals”).

The Company is located in the United States of America and the information that the Company collects is governed by the laws of the United States of America. If Individuals are accessing the Company’s Website, Products, Content or Services from outside of the United States, please be aware that the data protection laws in the United States may be different from those of the country in which Individual is located. If Individuals are accessing the Company’s Website, Products, Content or Services from outside the United States, Individuals expressly acknowledge that they are aware that the information collected by the Company may be transferred to, processed, and/or used in the United States and that by accessing the Company’s Website, Products, Content and Services Individuals have given consent to this transfer, processing, use and/or storage in the United States.

The Company collects information in an effort to enhance the shopping experience of Individuals, to better communicate with Individuals about the Company’s products, and to enhance the accuracy and performance of the Company’s operations.

The type of information that the Company collects includes, but is not limited to, name, postal address, age, email address, telephone number, and/or credit card information (“Personal Information”).

The Company collects this Personal Information either directly from Individuals or from third-party sources.

Individuals may provide Personal Information directly to NAOMI NOMI LLC through interacting with the Website, making on-line or in-person purchases, participating in surveys, requesting information, or making inquiries to NAOMI NOMI LLC.

The Company may also obtain information about Individuals from other sources and may combine that information with information that the Company collects directly from Individuals. To the extent the Company receives information about Individuals from a third-party source and the Company combines the information we receive from these third-party sources with the Personal Information that the Company collects directly from Individuals, the Company will treat that combined information as Personal Information under these Terms of Service. The Company is not responsible for the accuracy of the information provided to the Company by third-parties or how such third-parties collect, use and/or share such information.

By providing the Company with their email address, Individuals are deemed to have given permission to the Company to send them emails about the Company, its Products, as well as updates and information required to conduct the business of the Company. Individuals can opt out of these emails at any time following the unsubscribe instructions provided in such communications or by contacting the Company at naomi@naominomi.com.

By providing the Company with their postal address, Individuals are deemed to have given permission to the Company to send to them at their postal address information about the Company, its Products, as well as updates and information required to conduct the business of the Company. Individuals can opt out of these communications at any time by contacting the Company at naomi@naominomi.com and providing their name(s) and the postal address(s) at which Individuals no longer wish to receive the Company’s communications.

The Company may share the Personal Information that the Company collects from Individuals with our agents, vendors, consultants and other service providers (“Service Providers”) in order to carry out work on behalf of the Company. The Company does not authorize our Service Providers to use your Personal Information for any purpose other than to provide this assistance to the Company.

If the Company seeks to use Personal Information for a new purpose not stated herein, the Company will request that Individuals expressly either consent to or refuse permission for the Personal Information to be used for this new purpose. If consent is refused then the Company will use its best efforts to not use the Personal Information for this new purpose.

Individuals affirmatively agree and expressly acknowledge that any failure on the part of Individuals to reply to such a request within the time frame specified by the Company for replying will be deemed to be an affirmative consent to the use of the Personal Information for the purpose requested.

If the Company cannot for any reason comply with a request to not use Personal Information for this new purpose, such as a need to maintain accurate business records to comply with applicable laws or other legal obligations, then the Company will notify Individuals of the Company’s inability to comply with that request and the reason for such inability.

Age of Consent

By using the Website, Individuals represent that Individuals are at least the age of majority in their state or province of residence, or that they are the age of majority in their state or province of residence and have given their consent to allow any of their minor dependents to use the Company’s Website.

If a parent or guardian learns that their minor dependent has provided the Company with Personal Information without the parent or guardian’s consent, the parent or guardian may alert us at naomi@naominomi.com.

The Children's Online Privacy Protection Act (COPPA) imposes certain requirements on web sites directed at children younger than 13 years of age that collect information about those children and on websites that knowingly collect information about children under 13 years of age.

The Company's Website is not directed at children younger than 13 years of age and does not knowingly collect any Personal Information from children younger than 13 years of age.

If you believe that the Company has collected Personal Information from a child under 13 years of age, please contact naomi@naominomi.com.

Terms of Sale

The Company sells clothing, accessories, and other related goods and supplies (“Products”) to end-user customers who purchase Products only for non-commercial use. Individuals may not purchase Products for further distribution or resale or for any other commercial or business purpose without the prior written consent of the Company.

The prices that the Company will charge for its Products will be the price as posted on the Website or, if the purchase is made in an in-person interaction the price is that posted on the Product and/or its packaging and/or upon the apparatus upon which the Product is displayed, on the date on which Individual successfully placed the order on the Website or in-person. The Company reserves the right to change prices for Products at any time and does not provide price protection or refunds in the event of promotions or price decreases.

Shopify

The Company’s online store is hosted on Shopify, Inc (“Shopify”). Shopify provides the Company with the online e-commerce platform that allows the Company to sell its Products and Services. Personal Information for Individuals is stored on Shopify data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then PayPal Inc. (“PayPal”) and/or Stripe Inc. (“Stripe”) store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. You can read about Shopify’s PCI-DSS Compliance here, PayPal here, and Stripe here.

Third Party Services

In general, the third-party Service Providers used by the Company will only collect, use and disclose Individuals’ information to the extent necessary to allow them to perform the services they provide to the Company. However, certain third-party Service Providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information that the Company is required to provide to them for Individuals’ purchase-related transactions. For these Service Providers, the Company recommends that Individuals read the privacy policies of the third-party Service Providers so that Individuals can understand the manner in which Individuals’ Personal Information will be handled by these Service Providers.

Certain Service Providers may be located in or have facilities that are located in a different jurisdiction from either the Company or the Individuals; if Individuals elect to proceed with a transaction that involves the services of a third-party Service Provider, then the information required to effect the transaction may become subject to the laws of the jurisdiction(s) in which that Service Provider or its facilities are located.

Once Individuals leave the Company’s Website or are redirected to a third-party website or application, then Individuals are no longer governed by this Privacy Policy or the Company’s Website’s Terms of Service.

Links: When Individuals click on links on the Company’s Website, they may direct Individuals away from the Company’s Website. The Company is not responsible for the privacy practices of other websites and encourages Individuals to read the privacy statements of these other websites.



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