PRIVACY POLICY

Please note that our privacy policy has changed, effective April 29, 2013.
Wild Ophelia® collects customer information to help us to serve you better. We respect your privacy and are committed to maintaining and using this information responsibly. This privacy policy addresses the use and disclosure of personal information we collect from you. By visiting our website, or providing your information to us, you are accepting the practices described in this privacy policy.

This Privacy Policy (this “Policy”) applies to all account holders, users, customers and visitors (referred to as "you" herein) of the Wild Ophelia website, and any other website (all of the foregoing, collectively, the "Wild Ophelia Website") operated or owned by Vosges, Ltd. ("we" or "Wild Ophelia"), unless contrary or additional policies or provisions are expressly stated to apply at such other websites or with respect to a given web page or feature. 

You agree to this Policy by displaying, using or accessing the Wild Ophelia Website, by registering for an account at the Wild Ophelia Website, by placing an on-line order for any product or service provided by Wild Ophelia, by requesting a Wild Ophelia catalog, by submitting any information or other material to the Wild Ophelia Website, or by allowing or authorizing any person to do any of the same on your behalf or for your benefit. If you do not agree with this Policy, please do not register an account on, use, or authorize another on your behalf to use, the Wild Ophelia Website or any such services or features. Questions and concerns regarding this Policy should be directed by e-mail to Ophelia@wildophelia.com.

Wild Ophelia respects your privacy. Any information you give us is held with care and security, and will only be used as described in this Policy or otherwise with your consent. We allow our users to opt-out of many non-critical uses, however, we want to be upfront about the fact that part of the Wild Ophelia business includes leveraging certain aspects of your information for the various commercial purposes described below, which allows us and our partners to present to you other cool products and services that fit the Wild Ophelia philosophy.

Registration and Information Collected 
In order to place an order or to access certain features or services on the Wild Ophelia Website, you may be required to first create an account or become a Wild Ophelia Website member and complete one or several forms. During registration (and possibly thereafter) you may be asked to give your name, a contact telephone number, a PIN or password, your postal address, delivery address, e-mail address, and other contact or pertinent information. Wild Ophelia may also ask for other information required to provide a particular service, such as your business name, name and delivery address of someone receiving a gift you would like to order, and other relevant information. Information may also be collected by your presence on the Wild Ophelia Website, even if you have not registered or subscribed. 

Generally, this information falls into one of four categories: (1) "Personal Information," such as your name and e-mail address, which can be used to personally identify or contact you (or to confirm your identity in the case of user IDs and passwords), (2) "Billing Information," such as your credit card information, which is a subset of Personal Information and which we may use to bill you for an order or a service you have knowingly purchased, (3) "Usage Information" such as your IP address, click patterns on the Wild Ophelia Website, ordering and product consumption patterns, opinions, reviews or other matter you have posted or submitted, and other information indicative of your purchase patterns and use of the Wild Ophelia Website, and (4) "Anonymous Information" which is extracted from Personal Information and Usage Information and then aggregated across users to determine the demographics, habits, preferences, or statistical characteristics of the Wild Ophelia Website users, but which cannot be used to identify you or your specific usage history. 
 

How Each Type of Information Is Used
Wild Ophelia will use your Personal Information as follows: (1) to regulate access to the Wild Ophelia Website and its features and services, as well as to your account (such as requiring passwords to place an item in your shopping cart or wish list or to submit an order); (2) to personalize and enhance your experience when visiting the Wild Ophelia Website; (3) to promote to you Wild Ophelia or Wild Ophelia endorsed products or services (including contacting you by e-mail and sending you product catalogs via postal mail) provided that you may opt-out of receiving promotions from us through various mechanisms we provide (for example, an unsubscribe link at the bottom of newsletters and promotional emails); (4) to assist our partners and sponsors in promoting to you their cool products or services (including contacting you by e-mail and sending you their catalogs by postal mail), and also to share information with, or license it to, other cool companies who wish to promote their offerings to you or who offer list services to other cool advertisers, provided that third party promotions are generally performed through third party processors who perform mailings and promotions on our behalf and do not allow access to our mailing lists to our partners, and provided also that you may opt-out through various mechanisms we provide (for example, an unsubscribe link at the bottom of newsletters and promotional emails), and (5) for other internal or administrative purposes consistent with our mission of providing our users and members with the highest quality experience in a secure manner, including contacting you about critical updates to the Wild Ophelia Website or the products or services you purchase or use. In addition, we occasionally update and augment our user Personal Information through use of third party processing services which require us to share that information with that partner in order to make sure that the information we have is current and complete, and that processing partner may use information we provide to augment its own data. 

We will use your Billing and Usage Information, as applicable, to bill you for your orders of Wild Ophelia products and for any Wild Ophelia Website services which you knowingly purchase, and to provide you with technical and billing support. 

We will use Anonymous Information to optimize our marketing and product development efforts (such as keyword advertising purchases and search engine optimization), to determine the success of our marketing campaigns, to provide anonymous demographic information to sponsors, advertisers and partners, and other relevant commercial purposes which do not identify you individually. We may also provide Anonymous Information to our sponsors, advertisers and partners so that they may track the success of their advertising and promotional efforts, for example, to determine the demographic attributes and use preferences of visitors to pages in the Wild Ophelia Website that feature their products or services. 

Wild Ophelia may use third party providers and subcontractors to process your orders, to support features and services offered on the Wild Ophelia Website, and for internal, administrative, and tracking purposes. Service through these providers may necessarily include providing them with some or all of your Personal Information, Billing Information (for credit card processing, collections, and related matters), and your Usage Information (for subcontracted services and features), but we will use diligent efforts to restrict use of this Information by these third parties to the specific purpose for which the third party has been engaged. Additionally, Wild Ophelia may share your Information with parents and affiliates under its control or common control, subject to the same restrictions described in this Policy. 

In addition, Wild Ophelia specifically reserves the right, to the maximum extent permitted by law, to use or disclose any Information (a) for the purposes of enforcing our user agreements, use policies and the like or (b) when requested by law enforcement agencies (whether or not under subpoena).

Security: How Information is Stored
Wild Ophelia has used reasonable efforts to put in place appropriate technical and organizational security measures to protect against the loss, misuse and alteration of user data under our control. For example, we use appropriate encryption for payment card transactions if and when we bill you for a product or service, and we impose strict rules on Wild Ophelia employees who have access either to the databases that store member or user information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration of data will not occur, we make diligent efforts to prevent such unfortunate occurrences. We will not permanently store your credit card or other payment information (if applicable) unless you knowingly consent to such storage and unless we have implemented appropriate PCI (payment card industry) compliant measures to do so. 

Billing Information may also be stored by our payment card processors and be subject only to our limited control. For example, our current credit card gateway partner is Authorize.net, and they store billing information on their secure servers and protect it via proprietary methods. Read Authorize.net privacy policy. 

Our backend payment processor is Fifth Third Bank. Read Fifth Third Bank privacy policy. 

Please note that information or data (including Usage Information), other than Billing Information, cannot practicably be stored in a manner which is PCI or HIPAA (healthcare patient confidentiality and security) compliant. Accordingly, other than the Billing Information which we specifically request, we do not recommend that you post, upload, provide, or store any sensitive financial, payment, or personal information, and we cannot be responsible in any manner if you do so. 

Please help us out with our opt-out procedures by letting us know if you continue to receive promotional materials after you have opted out: we do our best to maintain the integrity of the opt-out information in our database, but occasionally have needed to take corrective action to be sure that all opt-out information is correct. We ask for your patience and welcome your feedback. 

Additionally, we strongly recommend that you keep all of your user information, such as account IDs, passwords, and other sensitive information secret and not disclose such information to anyone else. We cannot be responsible for any use of this information should you disclose it to anyone else, or for the use or distribution of any of your information or data stored with the Wild Ophelia Website if it is obtained via use of your account ID or password. Please note that Wild Ophelia will never e-mail you to "phish" for (attempt to convince you to disclose) your username or password or any billing information via e-mail.

Use of "Cookies," Web Beacons, and Log Files
Wild Ophelia uses a feature of your Web browser called a "cookie" -- a file that your browser places on your computer's hard drive to uniquely identify your computer. Wild Ophelia creates and then uses cookies to make log-in more convenient on the Wild Ophelia Website, to tell us whether you have previously visited the Wild Ophelia Website, to track your clicks through the website, and to help us determine whether you came to Wild Ophelia from a particular Internet link or advertisement. Cookies can also be used to save and retrieve passwords and to save information on past usage of features and other preferences. Wild Ophelia does not and cannot use cookies to retrieve Personal Information about you from your computer unless such information was knowingly and willingly provided by you. 

Some of our business partners, subcontractors, sponsors, and advertisers use cookies through the Wild Ophelia Website (for example, banner advertisers) to track the success of our or their advertising and marketing efforts, which is standard practice for many of the websites you may visit. If you wish to restrict how cookies are placed on your computer, please check your browser settings, or check your browser's "Help" information for instructions on how to enhance the security of your browser or limit use of and access to cookies. Please note that your browser's security settings may disable some features or services on certain websites. 

Similarly, Wild Ophelia, its advertisers, subcontractors, and other partners may also use "web beacons" (small image files which are used to track presence on web pages and surfing patterns) in a similar fashion to cookies, except that web beacons do not store any personal information on your computer. We may also use web beacons or similar technology to track clicks from our newsletters and the like. 

Finally, servers owned or controlled by Wild Ophelia will log each website visitor’s IP address, browser type, operating system, referring and exiting URLs, and other statistical and technical information. Except for user policy, user agreement, and law enforcement purposes, Wild Ophelia will treat this as Anonymous Information.

Posted Information and Use of Community Features
To the extent you submit or post any content to the Wild Ophelia Website (or any material which by its nature appears to be intended to be published or posted) or participate in any interactive or community feature on the Wild Ophelia Website, all of the information contained in your submission or communications will likely become published public information on the Wild Ophelia Website and possibly published by our affiliates or partners, and Wild Ophelia will not have any control over the use of such information by users and third parties with access to that information. Wild Ophelia reserves the right to use all of such information at its discretion without restriction. 

Additional privacy policies and other terms may apply to use of any community or interactive feature or service available through the Wild Ophelia Website or otherwise provided by Wild Ophelia. Please check the pages containing those features and services for more information.

Marketing Email Communications
At various points on our websites, you have the option to join our email list and receive information about our products, services and offers. Also, if you provide us with your email address when you register online or update your account, place an order online or by phone, make a customer service inquiry, opt-in to receive our emails, shop online, request a catalog, participate in a sweepstakes, contest, promotion or survey, you may automatically be added to our email list and receive marketing or promotional information from us. Wild Ophelia will not share your email address third parties or with anyone outside of Wild Ophelia. Email addresses are only used for direct marketing communications to our customers. 

If you do not wish to receive Wild Ophelia marketing emails, you may opt out, or unsubscribe, by clicking on the unsubscribe link found at the bottom of all Wild Ophelia marketing emails, or email us at Ophelia@wildophelia.com with “Email Unsubscribe” in the subject line and your name and email address within the email message. Please note that it may take several days for your unsubscribe e-mail to be processed, and using the unsubscribe link in a newsletter generally results in prompt processing. 
 

Personal Information Collected by Social Media Sites
This Policy does not cover the privacy and security practices of the social media sites on which Wild Ophelia has social media pages. Please review the privacy policies and terms of use on the social media sites if you have any questions about their privacy or security practices. 

The social media sites where Wild Ophelia has it social media pages may provide aggregate information and analysis to Wild Ophelia about visitors’ use of our social media pages. This allows us to better understand and analyze our user growth, general demographic information about the users of our social media pages and interaction with content on our social media pages. Overall, this information may be used to help us understand the types of visitors and users of our social media pages and use of the content.

Other Events
Please note that all information and material collected or provided, in any manner and of whatever nature, may be transferred or assigned by Wild Ophelia in conjunction with a merger or the sale of all or a portion of the Wild Ophelia business (or similar event).

Links to Other Websites
The Wild Ophelia Website contains links to third party websites and advertisements leading to promotions of third party products and services outside of our control. Wild Ophelia is not responsible for the privacy practices of such other websites or promotions. We encourage our users to be aware when they leave our website and to read the privacy statements of each website that collects personally identifiable information. This Policy applies solely to information collected by the Wild Ophelia Website and other websites operated or controlled by Wild Ophelia, and not any third party website.

Children
The Wild Ophelia Website and the functions and features we offer are not intended for use by persons under the age of 18. Children and minors may not use the Wild Ophelia Website without their parent’s permission, and only after their parent has fully reviewed the terms applicable to such use, including the contents of this Policy and the Terms of Use, and agreed to be bound thereby.

Modifications; Cancellation
Wild Ophelia reserves the right to reasonably modify this Policy at any time by publication on the Wild Ophelia Website, by notice through email, or by other reasonable notification means. All such modifications will be binding on all registrants and users. Please check back periodically to review the current Policy. 

If you do not agree with any such changes, or if you no longer wish to be subject to this Policy, you may contact Wild Ophelia (see above and also the Terms of Use) to cancel your account, and upon complete payment of any amounts due and owing to Wild Ophelia (if applicable), Wild Ophelia will use diligent efforts to delete your Personal and Billing Information.

Priority
The terms contained in this Policy are subordinate to any contrary terms contained in any express user or membership agreement between a user and Wild Ophelia or to any express written agreement containing the signatures of authorized representatives of both parties.

Liability
Wild Ophelia's liability from or arising out of this Policy or any breach thereof shall be, regardless of theory of liability or cause of action, limited to direct damages, shall not exceed US$100.00 under any circumstance, and is also subject to any general limits of liability stated in the Wild Ophelia Terms of Use.

Your California Privacy Rights
If you are a California resident, you have the right to request information about how Wild Ophelia shares certain categories of personal information with third parties. California law gives you the right to send Wild Ophelia a request using the contact information provided under “Contact Wild Ophelia” to receive the following information:

  • the categories of information Wild Ophelia disclosed to third parties for their direct marketing purposes during the preceding calendar year;
  • the names and addresses of the third parties that received that information; and
  • if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

Contact Wild Ophelia
If you have any questions about this Policy, please contact:

Wild Ophelia
2950 North Oakley
Chicago, IL 60618

Copyright © 2013 Vosges, Ltd., 2950 North Oakley, Chicago, IL 60618, U.S.A. All rights reserved.