Policies

TERMS & CONDITIONS

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WHICH APPLY TO YOUR USE OF THIS WEBSITE (the “SITE”) AND YOUR PURCHASES OF PRODUCTS FROM THIS SITE.

The website at http://www.CitizensofHumanity.com and its sub-domains is owned or controlled by Citizens of Humanity, LLC, 5715 Bickett Street, Huntington Park, CA 90255 ("Citizens of Humanity", "us" or "we").

IF YOU PURCHASE ANY PRODUCTS FROM THIS SITE OR ACCESS OR USE THIS SITE OR ANY PRODUCTS OR SERVICES OFFERED BY CITIZENS OF HUMANITY THROUGH THIS SITE (INCLUDING PROVIDING ANY CONTENT FOR THIS SITE), YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS AND THE OTHER POLICIES INCORPORATED HEREIN BY REFERENCE ("TERMS AND CONDITIONS" OR "AGREEMENT").

We reserve the right to modify these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By purchasing any products from this Site or accessing or using this Site (including by providing any content for this Site) after we post any changes to these Terms and Conditions, you agree to accept such changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, do not purchase any additional products from this Site and discontinue accessing or using this Site.

I. SCOPE OF TERMS AND CONDITIONS- AGREEMENT TO ARBITRATE

These Terms and Conditions apply to your purchase of any products from this Site and your accessing or use of this Site, including any products or services offered by Citizens of Humanity through the Site or providing any content for this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.

Dispute Resolution

Any dispute or claim arising from or relating in any way to your purchase of any products through this Site or your accessing or use of this Site, including any products or services offered through the Site or providing any content for this Site, will be resolved solely by binding arbitration, rather than in court, except that either of us may assert claims in small claims court if the claims qualify. This applies equally to claims made by us against you and to claims made by you against us. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our corporate headquarters: Citizens of Humanity, 5715 Bickett Street, Huntington Park, CA 90255, Attn: President or General Counsel. The arbitration will be conducted by the Judicial Arbitration and Mediation Services (“JAMS”) under its rules, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Consumer Policy”). The only fee you will be required to pay to initiate your claim in arbitration is $250; all other costs of the arbitration will be paid by us. You will be responsible for the legal fees of any attorneys you hire to represent you, and we will be responsible for the legal fees of our attorneys. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The JAMS rules are available at http://www.jamsadr.com.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

II. SPECIAL NOTES WITH REGARD TO PRODUCT

Product Listings

Citizens of Humanity and its affiliates strive for accuracy in all item descriptions, photographs, size references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinants, we cannot guarantee that all item descriptions, photographs, size references, detailed specifications, pricing, links and any other product-related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Citizens of Humanity shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Citizens of Humanity are provided as resources to customers looking for additional information. Citizens of Humanity does not assume responsibility for the claims and/or representations made on these or any other websites.

Product Variations

Citizens of Humanity is not responsible for variations in product specifications and/or physical appearance, since in some cases this can be a natural result of the manufacturing process. Please consider this when ordering products through our Site.

LIMITATION OF LIABILITY / TIME LIMIT FOR BRINGING CLAIMS

IN ALL CIRCUMSTANCES, CITIZENS OF HUMANITY'S MAXIMUM LIABILITY FOR PRODUCTS PURCHASED FROM THIS SITE IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCTS. CITIZENS OF HUMANITY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. CITIZENS OF HUMANITY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO REPUTATION OR FOR EXEMPLARY DAMAGES, WHETHER OR NOT CITIZENS OF HUMANITY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

BY PURCHASING PRODUCTS FROM THIS SITE, YOU AGREE THAT ANY AND ALL CLAIMS ARISING FROM YOUR PURCHASE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE OF INVOICE OR SUCH CLAIMS WILL BE BARRED.

III. YOUR USE OF THIS SITE

The contents of this Site, including all images (“Site Contents”), are protected by copyright and trademark laws, and are the property of their owners. You may access the Site Contents only for your personal use; you may not download, republish, retransmit, reproduce or make any other use of the Site Contents. We reserve all rights in and to the Site Contents, and in no event will you obtain any ownership rights in any Site Contents.

You may not publish, display, reproduce or commercially exploit any of the Site Contents unless you obtain our prior written consent and the prior written consent of all other persons or entities with an interest in the intellectual property at issue. You may not modify, copy, transmit, adapt or in any other way exploit any of the Site Contents.

You represent and warrant that you have the right to submit any and all photos, videos, images, materials, suggestions, information, ideas, comments and other content that you submit or upload to the Site or that you tag or share to any Citizens of Humanity social media platform, such as Facebook, Instagram or Twitter (“Submitted Content”). By submitting or uploading any Submitted Content to this Site or tagging or sharing Submitted Content to a Citizens of Humanity social media platform, you authorize Citizens of Humanity to use such Submitted Content in any and all media at any time without limitation, including without limitation in connection with any of Citizens of Humanity’s digital platforms, social media platforms, marketing initiatives and communications, and you assign, transfer, and convey to Citizens of Humanity all of your right, title and interest in and to such Submitted Content.

Except for information necessary to process your orders or use our services, you should not submit or upload any confidential or proprietary information to this Site or tag or share confidential or proprietary information to any Citizens of Humanity social media platform. Any Submitted Content submitted or uploaded to this Site or that you tag or share to any Citizens of Humanity social media platform will be considered non-confidential, and by submitting or uploading it to this Site or tagging or sharing Submitted Content to a Citizens of Humanity social media platform, you are giving Citizens of Humanity the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.

You must abide by all additional copyright notices or other restrictions contained anywhere in the Site.

You agree not to do any of the following while using the Site or tagging or sharing to any Citizens of Humanity social media platforms:

  1. Harass, stalk or otherwise abuse another user;
  2. Transmit or otherwise make available any Submitted Content that is false, harmful, threatening, abusive, tortuous, defamatory, libelous, disparaging (including, but not limited to disparaging of the Site or its owner), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as we may determine in our sole discretion);
  3. Transmit or otherwise make available any Submitted Content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of Citizens of Humanity or any third party;
  4. Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with Citizens of Humanity's or any third party's uninterrupted use and enjoyment of the Site;
  5. Impersonate any person or entity, or otherwise disguise the origin of any Submitted Content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
  6. Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes which in all cases are consistent with this Agreement;
  7. Pretend to be Citizens of Humanity or someone else, or spoof Citizens of Humanity or someone else's identity;
  8. Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Submitted Content;
  9. Misrepresent your affiliation with a person or entity;
  10. Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects the ability of other users to use the Site;
  11. Engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or
  12. Collect or store personal data about other users unless specifically authorized by such users and in conformity with these Terms and Conditions; or
  13. Violate any applicable local, state, federal or international law, rule or regulation.

Links

These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. Hyperlinks to other websites from the Site are provided as resources to customers looking for additional information and/or professional opinions. Citizens of Humanity does not assume responsibility for the claims and/or representations made on these or any other websites. You should direct any concerns to that site's administrator or webmaster. Your linking to any other websites is at your own risk.

Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send an e-mail to info@CitizensofHumanity.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.

Disclaimer of Warranties and Limitation of Liability

THE SERVICES AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY OF THE SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.

No Personal Advice

The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. Nothing in this Site is intended or should be construed as medical, legal or business advice. Such advice should only be obtained from professionals hired by you for that purpose.

Parental Permission; Minimum Age Requirement

This Website (as well as any product or service utilized or otherwise obtained from this Website) and Citizens of Humanity’s social media platforms are not directed to persons under the age of 18 (or, if older, the age of majority in the state where you reside) and we will not knowingly collect personally identifiable information from persons under 18 (or, if older, the age of majority in the state where you reside). IF YOU ARE YOUNGER THAN 18 YEARS OF AGE (OR, IF OLDER, THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE), DO NOT SEND ANY PERSONAL INFORMATION ABOUT YOURSELF TO US, INCLUDING ON THIS WEBSITE OR OUR SOCIAL MEDIA CHANNELS. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S USE OF THE INTERNET AND ANY ONLINE SERVICES, AND USE THEIR BROWSERS' PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

We hereby require all users of the Website and Citizens of Humanity social media platforms to be over 18 years of age (or, if older, the age of majority in the state where you reside). You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18 (or, if older, the age of majority in the state where you reside), you agree to immediately stop accessing the Website and our social media platforms. If you are accessing the Website or purchasing any products from the Website, or tagging or sharing to our social media platforms, you represent that you are at least 18 years of age (or, if older, the age of majority in the state where you reside).

Consistent with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any personal information from anyone who is under 13 years of age. Our website, products and services are all directed to people who are older than 13 years of age

Membership Fees

We reserve the right to charge fees, surcharges and/or membership fees for all or any of our services currently provided for free at any time upon thirty (30) days, prior written notice to you.

TRADEMARKS

"Citizens of Humanity", “Humanity”, “We Are All Humanity”, “COH”, “AGOLDE”, “Goldsign” and “Kiss the Ground” and all other brand-related logos, page headers, button icons, scripts, trade names and service names appearing on this Website are trademarks, registered trademarks or trade dress of Citizens of Humanity or its affiliates in the U.S. and/or other countries. Citizens of Humanity's trademarks and trade dress may not be used in connection with any product or service that is not Citizens of Humanity's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Citizens of Humanity. All other trademarks not owned by Citizens of Humanity or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Citizens of Humanity or its affiliates.

IV. USER PUBLIC FORUM SUBMISSION/PARTICIPATION POLICY AND TERMS:

General:

As a service to our users, this Site may feature message boards, blogs, ratings, comments and other public/semi-public/private forums (collectively, "Forums") where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.

Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. Citizens of Humanity has no responsibility for such content and is merely providing access to such content as a service to you.

BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.

Your Participation/Contribution In Forums Requires Careful Consideration:

Any information shared (including personally identifiable information or other personal information) that you reveal in a Forum is by design open to the public (or to a private group within a special Forum) and is not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to, or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes.

Testimonials:

By posting your comment(s) or testimonial(s) ("Testimonial") on our Website, you represent that you, and only you, composed and posted the Testimonial and you give us the worldwide right to reprint or use the Testimonial in connection with our businesses (including but not limited to the marketing and selling of products and services and our brands). You also agree that: (1) we may reprint or use the Testimonial at our discretion and without compensation to you; (2) we may use the Testimonial with or without crediting you by name, screen name or pseudo name; (3) our right to use the Testimonial is perpetual and may be assigned by us; (4) we may use the Testimonial in any media, information or communication platform (including Internet advertising) currently in use or later developed; (5) we may allow our parents, subsidiaries or affiliates to use the Testimonial in the same manner; and (6) we may edit or alter such Testimonial to remove personal information, statements that may be a violation of law, or statements that may infringe on the rights of Citizens of Humanity or third parties.

Confidentiality Obligations:

You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with Citizens of Humanity that requires you to maintain the confidentiality of certain material or information of Citizens of Humanity. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which Citizens of Humanity has required you to preserve as confidential.

Grant of Rights:

To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of Citizens of Humanity or other information you are required to preserve as confidential by Citizens of Humanity, then; i) you remain the owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted Citizens of Humanity, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that Citizens of Humanity may sublicense or assign its rights through multiple tiers of sub-licenses or assigns.

No Obligation to Monitor:

Citizens of Humanity does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, Citizens of Humanity reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, and to block any person from participation in such forums for any reason whatsoever, in Citizens of Humanity's sole discretion

No Obligation to Remove:

Citizens of Humanity is not obligated to remove any content from the Site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that Citizens of Humanity shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made a written agreement, signed by Citizens of Humanity with differing term agreements or Citizens of Humanity has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit be published, do not submit it in the first place.

No Endorsement:

Citizens of Humanity does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.

Company's Right to Act:

If Citizens of Humanity discovers communications which allegedly do not conform to any Terms and Conditions of this Site, Citizens of Humanity may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Citizens of Humanity will have no liability or responsibility for performance or non-performance of such activities. Citizens of Humanity reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, over which Citizens of Humanity has absolutely no control.

V. COPYRIGHT AGENT UNDER THE DIGITAL MILLENIAL COPYRIGHT ACT

We respect the intellectual property rights of others, and require that the people who use our Site, or the services or features made available on or through the Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, listed below and designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2): 

  •        Your full name and your mailing address, telephone number and/or email address;
  •        The title and a description of the copyrighted work that you claim has been infringed;
  •        The location (including URL, if applicable) where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, an agent of the copyright owner, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A request that the work subject to your claim be removed or access to it disabled; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

You can also use this US Copyright Office form: https://www.copyright.gov/512/sample-notice.pdf

Our Copyright Agent is:

Robert Hermanns, CFO, Citizens of Humanity, LLC, 5715 Bickett Street, Huntington Park, CA 90255

e-mail: dmca@citizensofhumanity.com

VI. OTHER TERMS AND CONDITIONS

Governing Law and Jurisdiction: Except for matters governed by the Federal Arbitration Act and federal arbitration law as provided above, any dispute arising out of or related to these Terms and Conditions or the sales transactions between Citizens of Humanity and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Except for matters governed by the arbitration provision, above, Citizens of Humanity and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts or Federal Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts.

Severability: If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California and federal law.

Waiver: The failure of either party to require performance by the other party of any provision of this Agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this Agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement: These Terms and Conditions are the complete and exclusive agreement between Citizens of Humanity and Customer, regarding Customer's purchase of products through the Site and Customer’s accessing or use of the Site, including any of the products or services offered by Citizens of Humanity from the Site, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Citizens of Humanity and Customer relating to such matters. This Agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

Contact Us: If you need to contact us, please send correspondence to:

Citizens of Humanity
ATTN: Customer Support
5715 Bickett Street, Huntington Park, CA 90255

You can also reach online sales and customer service as follows:

Monday - Friday
9:00AM - 5:00PM Pacific Time
eshop@citizensofhumanity.com

EU Privacy & Cookie Policy

PRIVACY POLICY OF CITIZEN OF HUMANITY EUROPE S.R.L.

Privacy Notice Abstract pursuant to artt. 13 and 26 GDPR

This page describes how Citizen of Humanity Europe S.r.l. and Citizens of Humanity, LLC (“Citizen of Humanity”, “Us”, “Company” or “Joint Data Controllers”) manage its website and its platform, in relation to the processing of personal data (“Data” or “Personal Data”) of those users consulting our website (“Site” or “website”) and our e-commerce platform (“Platform”) to whom apply the provisions set forth by Personal Data set out in Regulation (EU) 2016/679 (“Regulation” or “GDPR”), as well as Directive 2002/58/EC (“ePrivacy Directive”). This information is provided only for this Site and Platform and not for other websites that the user may consult.

JOINT DATA CONTROLLER

Citizens of Humanity Europe S.r.l. with registered office at Via Savona, 97, 20144 Milano (MI) and Citizens of Humanity, LLC, with its principal offices at 5715 Bickett Street, Huntington Park, CA 90255 act as joint controller pursuant to art. 26 GDPR.

REPRESENTATIVE OF THE EXTRA EEA DATA CONTROLLER

Citizens of Humanity Europe S.r.l. acts also as a representative of Citizens of Humanity, LLC, pursuant to art. 27 GDPR. For any information related to the processing of personal data in the European Economic Area (“EEA”), you can refer to Citizens of Humanity Europe S.r.l. and send your data protection request.

HOW DO WE COLLECT AND USE YOUR PERSONAL DATA?

This Site and the Platform acquire Personal Data as part of their normal operation, the transmission of which is an integral part of Internet communication protocols. This Data, depending on the way you interact with the Site and the Platform, may include: profile information, contact information, browsing preferences and interests, and information on your location.

  • Data collected by browsing the Website and the Platform

The Website could automatically allow the identification of the user through its browsing by collecting some personal information such as IP addresses or domain names of computers used by users who connect to the site, the URI (Uniform Resource Identifier) of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, a numerical code indicating the status of the response from the web server ( success, error, etc..) and other relevant data on the operating system and computer environment related to the user.

These data are used only to obtain anonymous statistical information on the use of the Website and the Platform and to check its proper functioning.

Data could be used to verify responsibility in case computer crimes are committed damaging the Website and our e-commerce Platform or at the request of the authorities.

  • Data voluntarily provided by the user

Sending e-mails to the addresses indicated on this website, creating a personal profile, having an order on the e-commerce Platform, subscribing to the newsletter or filling in forms on the website entails the acquisition of Personal Data provided by the user.

PURPOSES OF DATA PROCESSING

We use Personal Data collected for many purposes such as (for example): for allowing the management of requests made to the Company through the website, process orders that users place through the e-commerce Platform, sending you newsletters and commercial information about our products, analyzing how to improve our Website and user experience.

WHO DO WE SHARE YOUR INFORMATION WITH?

We may share information:

  • With Citizen of Humanity's staff involved in the management of the services;
  • with third parties in order to fulfil users’ requests (such as, for example, the following:
    • Third party providers of the newsletter service and other communications with users via email who register to receive communications from us via our website(s)
    • Shopify and associated service providers for the e-commerce Platform, including those who facilitate order entry, calculation and collection of payments in your currency, shipment of orders, communications regarding orders and processing of returns
    • Third party providers who support us and our website and social media channels, including by customizing content for us and communicating with users regarding our use of user-provided content
    • Third party providers who administer our loyalty program, gift card program, wish lists and our “back in stock” notification system
    • Third party providers who integrate our content and product catalogues to improve visibility on third party applications such as Google, Facebook, Instagram and Pinterest and
    • Third party providers who collect data about visitors to our website, social media channels and our customers for our internal analysis.

For details about the extra EEA data transfer activities, please refer to the abstract of our data transfer agreement with Citizens of Humanity, LLC and the Standard Contractual Clauses (“SCCs”) attached, which can be found at this link.

For more information, please consult our list of Personal Data recipients at Tab 1 (Personal Data Recipients.).

WHICH ARE THE USER'S RIGHTS?

All users, in their capacity as data subjects, have the right at any time to obtain evidence of the existence or otherwise of personal data processed and to know the content and origin, verify its accuracy or request its integration, updating, rectification (Articles 15 and 16 of the Regulation).

Pursuant to articles 17, 18 and 21 of the Regulation, each user has the right to request the erasure, limitation of processing, transformation into anonymous form or blocking of data processed unlawfully, and to oppose in any case, for legitimate reasons, their processing. As data subjects, users also have the right to lodge a complaint with the Data Protection Authority.

For more information on the rights and how to exercise them, we invite our users to read our Privacy Policy Privacy Policy

in its extended version below.

DO YOU HAVE QUESTIONS ABOUT OUR PRIVACY POLICY?

If you have any questions about our Privacy Policy, please contact us at: privacy-eu@citizensofhumanity.com

Before you access or use our Website and our Platform, please ensure that you have read and understood our practices on the collection, processing, storage, use and disclosure of your personal information as described in this Privacy Policy.

 

Tab 1 - LIST OF PERSONAL DATA RECIPIENTS

[Personal Data Recipients.]

 

PRIVACY POLICY

 

  1. What is a privacy policy?

This page describes how Citizen of Humanity Europe S.r.l. and Citizens of Humanity, LLC (“Citizen of Humanity”, “Us”, “Company” or “Joint Data Controllers”) manage its website and its platform, in relation to the processing of personal data (“Data” or “Personal Data”) of those users consulting our website (“Site” or “website”) and our e-commerce platform (“Platform”) to whom apply the provisions set forth by Personal Data set out in Regulation (EU) 2016/679 (“Regulation” or “GDPR”), as well as Directive 2002/58/EC (“ePrivacy Directive”). This information is provided only for this Site and Platform and not for other websites that the user may consult.

 

  1. Who are the Joint Controllers?

Citizen of Humanity Europe S.r.l. acts as a joint controller with Citizens of Humanity LLC for some of our data processing activities, which are described in more detail below in section 7 and that are listed in detail in Table 1 (Personal Data Recipients). An abstract of the joint controllership agreement signed by the parties is available on request.

  1. Representative of extra EEA Data Controller

Citizens of Humanity Europe S.r.l. acts as a representative of Citizens of Humanity, LLC, pursuant to art. 27 GDPR. For any information related to the processing of personal data in the European Economic Area (“EEA”).

  1. What kind of Personal Data do we collect?

Through the Website and the e-commerce Platform, we collect and process Personal Data in different ways:

  • Personal Information Voluntarily Provided by the User: We collect Personal Information about users when they actively provide it, such as when they have a log in to our Site and when they register for a feature (such as a wish list or “back in stock”), create a personal account on our Website and or register for a special account (such registering for a loyalty program).
  • Personal data collected through the use of the Website and the Platform: we automatically collect certain personal information during the navigation and use of our Website and the Platform.
    • What type of Personal Data do we process?
  • Contact and Profile Information: personal information, such as name and surname, e-mail address, when registering on our website, subscribing to our mailing list or creating a personal area, such as a wish list;
  • Information about your method of payment and your credit card: in order to allow the user to purchase our products on our e-commerce Platform, we may process Personal Data and payment information. This information is not stored directly by us but will be processed by our provider Shopify.
  • Information about preferences and interests: preferences set for notifications, marketing communications and for displaying our Website and our Platform.
  • Social Profiles: when you register on our Website via social media or when you interact with the Website via social media, we may receive information from your personal social media account and any other information that you allow social media to share with third parties.   
  • Location data: we may approximate the location of the user based on the user’s IP Address;
  • Information related to purchased product, time and date of purchase, IP address and location.

 

  • Information collected by default

When the user uses our Website or our Platform, or accesses our newsletters, or otherwise interacts with us via a computer or mobile device, we and our third party providers may automatically collect information on how the user accesses and uses the Website, as well as information about the device the user uses to access the Site. We use this information to improve and customize your experience, to track and improve our Website, and for other in-house purposes. In general, we collect this information through a variety of tracking technologies, including cookies, pixels, web beacons, embedded scripts, location identification technologies and similar technologies (collectively, “tracking technologies”).

The user can agree to and refuse these technologies by changing the privacy preferences settings of the user’s browser's profile settings.

The information we automatically collect may be combined with other personal information we collect directly from the user.

The information we may collect automatically are:

  • information related to the website use (e.g. which website the user comes from, how many times the user clicked on an object);
  • Personal Data has relating to the interactions of the user with our marketing communications (e.g., whether or not the user opens it, whether or not the user clicks);
  • Information on devices used to access and interact with the Website (e.g., this allows us to know if the user uses a computer, a tablet or a smartphone, the screen resolution, the operating system, the Wi-Fi connection, the Internet browser and the IP address, information on the server log files);
  • Analytical information: we may collect analytical data, or use third party analysis tools, to help us to measure traffic and Website and Platform use trends, and to better understand the demographic characteristics and behaviors of our users.

 

 

  1. What Personal Data we do not collect?

We do not collect or process the following personal information about our users:

  • racial or ethnic origin;
  • political opinions;
  • religion or philosophical beliefs;
  • health or medical conditions;
  • criminal background;
  • union membership;
  • genetic or biometric data;
  • life or sexual orientation.

 

Please do not send us, or disclose, any of the above personal information through the Site or the Platform or directly to our contacts.

We also remind our users that we do not process Personal Data of minors.

Please note that to open an account you should be at least 16 years old.  

 

  1. Why do we process User Personal Data?

Personal Data are processed for:

  1. Answering questions and processing user requests

To answer any inquiries, complaints, and suggestions regarding our Website and our Platform which the user submits using the contact details provided by the Company on the Website.

Legal basis of the processing: our legitimate interests in managing, in an appropriate and timely manner, users' requests, complaints and recommendations regarding the Site and the Platform.

  1. To allow the registration request to the Site

To allow users to register and create a personal profile on the Site and to use the e-commerce Platform.

By accessing our Site and our Platform, in the section dedicated to registration, users will be able to fill in the form for the creation of their profile.

At the time of registration, the following data will be requested:

  • first and last name;
  • e-mail address;
  • password

At the time of log in, the following data will be requested:

  • e-mail address;
  • password

To access your personal profile, Citizen of Humanity requires you to enter your username and a strong password that shall be alphanumeric with a length of at least 8 characters with upper and lower case and symbols.

Legal basis of processing: the use of services provided by the Controllers.

  1. Administering the e-commerce service

We may process our users' Personal Data to allow them to use our e-commerce Platform and purchase the Company's products and allow us to communicate with purchasers. Please note that Citizens of Humanity does not store credit card and payment information, but the Data Controller uses the service offered by Shopify.

For more information on the data processing carried out by Shopify, we invite users to visit the Shopify's website and consult its privacy policy.

Legal basis of processing: the execution of the purchase order related to the product selected by the user.

  1. Ensuring the technical operation of the Site and the Platform

We collect and use Personal Data of our users to technically administer the Site and the Platform and to ensure that they function properly.

Legal basis of processing: our legitimate interests in ensuring the proper functioning of the Site and the Platform from a technical/IT point of view.

  1. Using the “gift card” service

The Company offers functionalities or services that require the processing of Personal Data of third parties that the user must provide us with, such as in the case of activating and sending a Gift Card or managing the request for a Gift Voucher.

We would like to remind the user that the communication of Personal Data of third parties are subject to privacy regulations and - for this reason - we would like to clarify that we will provide your contact with the necessary information on the processing of your Personal Data, at the time of the first contact, in compliance with the provisions of art. 14 GDPR. The recipient's Contact Data will be processed and stored as part of the Service/Product Purchase Order Data.

Legal basis of processing: Fulfilment and execution of the purchase or service contract concluded with us.

  1. Informing users about changes to the terms and conditions of the website and providing this Privacy Policy

In order to promptly inform our users about changes or updates to our terms and conditions of use of the Site and Platform and to provide this Privacy Policy.

Legal basis of the processing: our legitimate interest in informing the user in advance of these changes.

  1. Compliance with legal obligations

In order to comply with our legal obligations, orders from government authorities which may also include measures from government authorities outside your country, if we reasonably believe we are required to do so and if the disclosure of user’s Personal Data is strictly necessary to comply with such legal obligations or government orders.

Legal basis for processing: compliance with our legal obligations.

  1. Marketing communications

To submit or to allow our IT service providers to submit our email marketing communications to the Company users. Marketing communications inform the user exclusively about products, services and new activities promoted by Citizen of Humanity.

Legal basis of the processing: the prior explicit consent of our users.

Please note that users can always opt out of receiving marketing communications even if they have already given their consent, simply by unsubscribing from the newsletter service or by notifying us by email.

If the user is already a customer of Citizen of Humanity, we may contact the user via e-mail to provide information about similar product to the one the user has already bought and to keep the user updated on the latest news promoted by the Company.

Legal basis of the processing: our legitimate interest in Citizen of Humanity's direct marketing and services.

Users have the option to opt out of this specific direct marketing processing at any time by sending an email and/or using the contact information listed in this Privacy Policy.

  1. Profiling activities

We collect Personal Data from users who visit the Site and the Platform in order to better understand their tastes and preferences and to better orient our offerings based on user behavior.

Legal basis of the processing: the prior explicit consent of our users.

Please note that users can always opt out of this type of processing even if they have already given their consent, simply by notifying us by email.

  1. Data analysis to obtain trends and improve the Site and the Platform

We collect Personal Data from users to carry out analyses on trends and consumption patterns. This helps us to know better the users of the Site and the Platform and allows us to adapt our Site and e-commerce Platform to the preferences identified by the users and, more generally, to the services.

Legal basis of the processing: by staying and browsing on our Website and using our Platform, the user allows us to get to know the user better, to improve our offer and to make the user’s experience more immediate and easier.

  1. Fraud protection

We will use information about fraudulent or criminal activities related to the use of our services for the purpose of detecting and preventing any fraud or abuse.

Legal basis of the processing: our legitimate interests in protecting our organization from fraudulent activities.

  1. Protection of our legitimate and legal interests

In order to enforce, in accordance with applicable law, our contractual terms and conditions, to protect our business operations, to protect our rights, privacy, safety or property, and to enable us to pursue available legal remedies or limit any damages that may be awarded against us.

Legal basis of the processing: our legitimate interests in protecting our organization, in accordance with current regulatory requirements.

  1. Who are the Users' Personal Data disclosed to?

The Personal Data of users of the Site and the Platform may be communicated to our staff, for the purposes of providing the service and responding to requests received from users.

As Citizens of Humanity, LLC is located outside the European Economic Area (“extra EEA”), in the United States, Citizens of Humanity Europe S.r.l. has signed Standard Contractual Clauses (“SCCs”), pursuant to art. 46 GDPR, to manage the data transfer and to ensure the security of its users.

The newsletter is sent via e-mail to those who explicitly consent to its processing for marketing purposes, authorizing Citizen of Humanity to process their Personal Data. For this service, we may use external companies that carry out the activities of commercial communication and sending newsletters.

These companies may also be based out of Europe.

In any case, we ensure our users that our business partners will not directly use or sell your Personal Data to third parties. By subscribing to the Services on the Site, users acknowledge that they allow the Company, through the analysis of the Data made by the service provider, to come into possession of the following information:

  • the amount of times the newsletter email is opened;
  • number of clicks on links contained in the newsletters;
  • no email opening related to the newsletter;
  • bounce email related to the newsletter on another email;
  • un-subscription;
  • complaints;
  • possible use of the newsletter through social media;
  • number and value of individual user purchases.

 

We may request the support of professionals, business partners or external companies to provide certain services, such as the technical operation of the Platform or the management of transactions for e-commerce activities. For more information, please consult our list of Personal Data recipients at Tab 1 Personal Data Recipients.

 

  1. What are the user’s rights in relation to the processing of Personal Data and how can they be exercised?

Data subjects have the right at any time to obtain confirmation of the existence of personal data and to be informed about the content and origin of such data, to verify its accuracy or to request its integration, updating or rectification (Articles 15 and 16 of GDPR), and in particular:

  • Right to access. The right to obtain access to Personal Data as well as to certain related information.
  • Right to data portability. The right to receive Personal Data in a common format and to have it transferred to another data controller.
  • Right of rectification. The right to obtain rectification of Personal Data without undue delay if Personal Data are inaccurate or incomplete.

Pursuant to articles 17, 18 and 21 of the Regulation, users have the right to request the erasure, limitation of the processing, anonymization or blocking of data processed in breach of the law, as well as to oppose in any case, for legitimate reasons, their processing, and in particular:

  • Right to erasure. The right to obtain the erasure of your Personal Data without undue delay in certain circumstances, such as when Personal Data are no longer necessary in relation to the purposes for which they were collected or processed.
  • Right to restriction of processing. The right to obtain, in specific circumstances identified by the applicable law, a limitation for Data processing for a certain period of time, for example when you contest the accuracy of Personal Data, as long as to verify the accuracy of such data.
  • Right to object. The right to object, on grounds relating to your particular situation, to the processing of your Personal Data, and to object to the processing of your personal data for direct marketing purposes, insofar as this is related to such direct marketing.

Please note that the abovementioned rights, in some cases, are subject by law to certain conditions. For this reason, in the event that the user submits a specific request to us regarding the exercise of one or more of the user’s rights, we will take the necessary time to evaluate the content of the request.

The deadline for responding to the Data Subject is thirty days, extendable up to three months in cases of particular complexity. In this case, we will provide at least one interlocutory communication to the data subject within the thirty-day period.

The exercise of rights is, in principle, free of charge. However, the Company reserves the right to request a fee in the event of manifestly unfounded or excessive requests (including repetitive requests), also in light of any indications that may be provided by the Data Protection Authority.

Rights can be exercised by contacting the Citizens of Humanity Europe at the following addresses:

  • e-mail: privacy-eu@citizensofhumanity.com
  • phone: +39-0289155284
  • legal headquarters - Citizens of Humanity Europe S.r.l., via Savona 97, 20144 Milano (Italia)

 

 

  1. How long do we store personal Data?

We will retain the user's Personal Data for as long as he/she has not requested deletion. For profiling purpose, the data retention period is 12 months from the collection of Data.

The Company undertakes, in accordance with the terms of service indicated on our Website and our Platform Terms and Conditions, to store the Data you have entered and to make it available to you for processing through the tools offered by our services, until you request for the erasure of your Data from our service.

 

  1. What kind of Data transfers can we carry out?

For some of the processing operations mentioned above, we may use business partners, suppliers and distributors located outside the European Union. In these circumstances, we ensure our users that Data transfers outside the EU will be carried out in compliance with the applicable law and, where necessary, by entering into agreements that provide an adequate level of protection and/or by adopting the standard contractual clauses required by the European Commission.

Specifically, Citizen of Humanity Europe S.r.l. transfer user Personal Data to Citizen of Humanity LLC. As mentioned above, the parties have signed specific agreements, which contain appropriate provisions and warranties for the protection of personal data, known as "Standard Contractual Clauses", in compliance with the last provisions of the European Commission.

 

  1. How do we protect personal Data?

Whatever the user decides to use our services, whether the user creates a profile, uses our Platform or make a purchase, Citizen of Humanity cares about the security of users’ Data and therefore it takes appropriate technical and organizational security measures to protect Personal information. 

We are committed to processing our users’ Data as minimally and as intrusively as possible, using the following security measures:

  • the Transport Layer Security (“TLS”) encryption system, allows us to protect the user's personal information and to ensure a certain level of security when the user uses our services.
  • The passwords we ask to our users to enter when they log in are required to access the account and help us protect information on the Site. Therefore, we ask the users to enter "strong" passwords with 8 characters, alphanumeric and with upper and lower case letters.
  • Standardization comes in two forms, ensuring general formatting standards and canonizing Data. First, the Company capitalizes all Data and removes leading and trailing whitespace. It ensures normalization across all of our Data sources, as raw Data comes in a variety of capitalization models. We also remove any leading or trailing punctuation that we have deemed non-essential.

We take all measures we deem necessary to protect our users' Personal Data from unauthorized access. We attempt to protect our users' Information in accordance with regulatory requirements.

However, no security system is unfailing and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised due to a breach of our systems, we will take reasonable steps to investigate the incident and, where appropriate, notify affected users of the breach.

  1. Un-subscribing services

To opt-out the newsletter or to unsubscribe from the website, the user may either click on the unsubscribe link provided in the newsletter or on the website, or may visit your "My Account" section and click on "Edit" or you may just send us an e-mail to privacy-eu@citizensofhumanity.com.

  1. Processing in case of termination of the Joint Controllership agreement

In case of termination of the joint-controller agreement, each party will be acting as autonomous data controller.

  1. Applicable law

This Privacy Policy is regulated by and shall be construed in accordance with the laws and any other mandatory provisions applicable in the European Union.

 

  1. Complaint to the Data Protection Authority

The data subject may lodge a complaint with the Data Protection Authority, available at the following website https://www.garanteprivacy.it/.

Last Updated: October 15, 2021

 

Tab 1 - LIST OF PERSONAL DATA RECIPIENTS

The list of personal data recipients is listed below.

Categories of recipients

Business Partners Details

e-mail marketing suppliers

·        Klaviyo;

·        Yotpo, Ltd;

·        Glow

e-commerce and website suppliers

·        Shopify INC;

·        Shopify International Ltd;

·        Avalara;

·        Back in stock;

·        Better Reports Technologies;

·        Edit order by Cleverific;

·        Facebook by Shopify (Facebook & Instagram Shopping);

·        Flow checkout / flow connect;

·        Google by Shopify;

·        Jetti Limited;

·        Kiwi Sizing;

·        Matrixify;

·        Metafields Editors;

·        Order Logic;

·        Pinterest;

·        Returnly Technologies, Inc;

·        Ship Station;

·        Stockist Store Locator - Nitra LLC;

·        Swym Corporation - Wishlist Plus;

·        Modd Apps - Xporter Data Export Tool;

·        Zendesk, Inc.;

·        FORSBERG+two;

·        Behold Brand (Only available in US).

 

 

 

 

 

 

COOKIE POLICY OF CITIZEN OF HUMANITY

 

  1. Preamble

The Cookie Policy of Citizen of Humanity Europe S.r.l. (“Cookie Policy”) describes the different types of cookies that are used on the Citizen of Humanity website (“Site”) and the e-commerce platform (“Platform”), which the user can access.

Citizen of Humanity Europe S.r.l. (“Citizen of Humanity”, “We”, “Company” and “Data Controller”) is the Data Controller and it determines the purposes and means of the processing of personal data pursuant to Regulation (EU) 2016/679 (“Regulation” or “GDPR”) and Directive 2002/58/EC (“ePrivacy Directive”).

Joint controllership agreement

We act as a joint controller (“Joint Controller”) with Citizens of Humanity, LLC.

Representative of the extra EEA Data Controller

Citizens of Humanity Europe S.r.l. acts as a representative of Citizens of Humanity, LLC, pursuant to art. 27 GDPR. For any information related to the processing of personal data in the European Economic Area (“EEA”).

What are cookies?

Cookies are small text files that may be used by websites to make the experience more efficient for you.

Cookies allow us to store small amounts of information on your computer or mobile application about your visits to our Site.

Why are we using cookies?

We use cookies for several purposes. Necessary cookies are used in order to ensure the proper functioning of the Site and the Platform.

We may also collect information about your use of the Site anonymously such as: pages visited, time spent, traffic origins, geographic origin, age, gender and interests for the purpose of marketing campaigns. These cookies are sent from third party domains external to our Site.

We may personalize content and ads through the Site and the e-commerce Platform to provide social media features.

How do we use cookies?

We may store cookies on your device if they are strictly necessary for the operation of this Site and the Platform. For all other types of cookies we require your consent.

What types of cookies do we use?

This Site and the Platform use different types of cookies. Some cookies are placed by third-party services that appear on our pages.

At any time, you can change the cookie settings in your browser that allow you to use all features without restrictions when browsing our Site and our Platform. We invite users to read our Privacy Policy located on our Website and which contains all the information about who we are, how we process Personal Data and how the user can contact us.

Please find below the types of cookies we use when you browse our Site and our Platform.

  • Necessary cookies

Necessary cookies are used to make the Site and the e-commerce Platform usable by enabling basic functions such as browsing the page and accessing secure areas. The Site cannot work properly without these cookies.

  • Preference cookies

Preference cookies allow the Site and the Platform to remember information that affects the way the Site behaves or looks, such as your preferred language or location.

  • Statistical cookies

Statistical cookies help us to understand how visitors interact with us by collecting and transmitting information anonymously.

  • Marketing cookies

Marketing cookies are used to track visitors to the Site and the Platform. The purpose is to display Ads that are relevant and engaging to the individual user and therefore those of greatest value to third-party publishers and advertisers.

  • Unclassified Cookies

Unclassified cookies are cookies that are in the process of being classified, along with individual cookie providers. In order to collect Data and information about the user browsing on this Site and our Platform and track user behavior, the Company uses services offered by Google, Facebook, Pinterest, Flow.io, Riskified.

CA Supply Chains Act

Our “Citizens of Humanity” apparel products are manufactured in California and in Turkey, in facilities that are either owned by Citizens of Humanity or its affiliates or are owned by third parties who operate in close proximity to the factories owned and operated by Citizens of Humanity and its affiliated entities. Because of Citizens of Humanity’s close working relationship with its factories in California and Turkey, Citizens of Humanity is able to observe and confirm that no forced labor or human trafficking occurs in the manufacture of its “Citizens of Humanity” products. Citizens of Humanity does import fabric and other raw materials used in the manufacture of its “Citizens of Humanity” products from suppliers located outside of the United States, and seeks to ensure that its supply chain is free of forced labor or human trafficking.

All of Citizens of Humanity’s manufacturers and suppliers of raw materials are required to represent, warrant and agree that they and all of their subcontractors and manufacturers will observe all laws that apply in the country of manufacture including laws relating to employment practices and treat their employees in a fair and respectful manner. Specifically, Citizens of Humanity’s manufacturers and suppliers are required to agree that they will not, and their own subcontractors or manufacturers will not use child labor or any forced, prison, indentured or bonded labor or use corporal punishment or other mental or physical disciplinary actions or engage in sexual harassment.

Citizens of Humanity does not formally audit its third party suppliers for compliance, but each direct supplier of goods or manufacturing services must confirm its adherence to these standards by signing a written Code of Conduct and Standards of Business Practices. While Citizens of Humanity does not provide formal training to employees and management, and does not maintain formal internal accountability standards and procedures for contractors failing to meet its standards regarding forced labor and human trafficking, in the event that Citizens of Humanity obtains any information which causes it to believe that a supplier is not in compliance with our standards, it will eliminate the supplier from its supply chain.

 

Abstract of the Joint Controller Agreement

DATED: OCTOBER 15, 2021
 
 
Citizens of Humanity EUROPE S.r.l.
("COH EU")
 
- and -
 
Citizens of Humanity, LLC
("COH LLC")
 
(together "Parties" and each a "Party")
 

 

 

 

 

 

 

 

Joint Controller Agreement

ABSTRACT VERSION

 

 

 

 

 



This AGREEMENT is made on OCTOBER 15, 2021 BETWEEN:

(1)        Citizens of Humanity Europe S.r.l. with its registered office in Via Savona, 97, 20144 Milano (MI) (“COH EU”)

(2)        Citizens of Humanity, LLC, a Delaware limited liability company with its principal office in 5715 Bickett Street, Huntington Park, California 90255 (“COH LLC”)

 

IT IS AGREED:

1. DEFINITIONS AND INTERPRETATION

For the purpose of this Agreement the following terms shall have the following meanings:


"Agreement" means this Joint Controller Agreement, including all clauses of, and Appendices to this Agreement.


"Applicable Data Protection Laws" means the national legislation protecting the fundamental rights and freedoms of individuals and, where required by law, legal entities, and in particular, their right to privacy with respect to the processing of Personal Data and which contains restrictions or requirements on the cross border transfer of Personal Data, including but not limited to the Regulation (EU) 2016/279 General Data Protection Regulation (“GDPR”), any Local Law, or any legislation which substantially replaces or amends the GDPR, in respect of personal data processed by a controller established in a Member State of the EEA.


"Controller" means the natural or legal person, public authority, agency or any other entity or person who alone or jointly with others determines the purposes and means of the processing of Personal Data.


"Data Subject" means a natural person who can be identified, whether directly or indirectly, including by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity, and to the extent that corporate entities or deceased persons receive the same or similar protection as natural persons under the Applicable Data Protection Laws, shall also include corporate entities or deceased persons.


"Data Transfer" means any transfer of Personal Data to any Party to this Agreement or any third party, including without limitation providing access to Personal Data without physical transfer of Personal Data.


"Effective Date" means the date on which this Agreement is executed by both Parties.


"Joint Controllers" means the Parties exercising joint data processing as Controllers, as set out in Clause 2.


"Local Law" means any and all laws in any jurisdiction where a Party is based implementing the Directive or the GDPR or, for Parties based in non-EU states, any laws corresponding substantially in their scope to the Directive or the GDPR.


"Party" or "Parties" means a party or the parties to this Agreement.


"Personal Data" means any information relating to an identified or identifiable Data Subject or as otherwise defined as such in the Applicable Data Protection Laws.

“Site” or “website” means a website owned or controlled by a Party as to which a Party receives, stores, transmits or processes Personal Data of Data Subjects entitled to the benefits of Applicable Data Protection Laws.

“Standard Contractual Clauses” means the clauses drafted by COH EU and COH LLC, pursuant art. 46 GDPR and based on the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of Personal Data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council.

2. SCOPE OF THE JOINT CONTROLLER AGREEMENT

2.1          This joint controller agreement, pursuant to art. 26 GDPR, governs the data processing activities arising in connection with the Site and social media channels of the Parties, and their activities arising in connection with the offer and/or retail sale of products performed through the e-commerce platforms that are available through the Site as further described in Schedule 1 (the "Joint Processing").

3. PROCESSING OF PERSONAL DATA

3.1          The Parties shall process Personal Data as Joint Controllers only for the purposes and to the extent as set out in Clause 2. Processing for any other purpose determined by either of the Parties shall be conducted under sole responsibility of the Party that determines such purpose.

3.2          As concerns the processing of Personal Data, the Parties agree and warrant:

3.2.1              to process the Personal Data in accordance with the Applicable Data Protection Laws applicable to the respective Party;

3.2.2              to have in place appropriate technical and organizational measures to protect the Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected;

3.2.3              that the Personal Data have been collected and processed by the Parties in accordance with the Applicable Data Protection Laws applicable to the respective Party;

3.2.4              that each Party will provide the other Party, when so requested, with copies of the Applicable Data Protection Laws;

3.2.5              that each Party will provide the other Party, upon reasonable request, evidence of compliance with the Clause 3.2.3.

4.             DATA SUBJECTS AND ENFORCEMENT

4.1          The Parties agree that Data Subjects may enforce and rely on this Agreement only to the extent required under the Applicable Data Protection Laws. Accordingly, except as set forth in Applicable Data Protection Laws, nothing contained in this Agreement will entitle anyone (including Data Subjects), other than the Parties to any claim, cause of action, remedy or right of any kind whatsoever.

4.2          A person who is not a Party to this Agreement has no right, whether as a third party beneficiary, or under any equivalent local legal principle or law, to enforce any term of this Agreement except to the extent set out in Clause 4.1.

4.3          This Agreement may be terminated and any term may be amended or waived without the consent of any Data Subject.

5.             CONTROLLERS' OBLIGATIONS

5.1          The Parties acknowledge that they are as Controllers jointly responsible for the fulfilment of the obligations of Controllers but are obliged to distribute their respective responsibilities pursuant to Art 26 GDPR.

5.2          The information to the Data Subjects pursuant to Art 13 GDPR shall be provided by COH EU by the privacy policy on the website,

5.3          Any fulfilment of Data Subjects' rights pursuant to Art 15 - 22 GDPR shall be handled by COH EU. For this purpose, COH LLC shall inform COH EU of any enquiry made by the Data Subjects or any authorities concerning the data processing by the Parties as Joint Controllers without undue delay after receiving such enquiry and shall, as the case may be, provide reasonable and necessary support in fulfilment of such Data Subjects' rights.

6.             LIMITATION OF LIABILITY

6.1          Subject to Clause 4, the Parties shall be liable for all direct losses and damages, provided, however, that to the maximum extent permissible by law, the Parties shall not be liable for any losses or damages arising by reason of lost profits, turnover, data or opportunity nor for any indirect or consequential losses, arising out of, or in connection with, any breaches by them of this Agreement.

7.             STANDARD CONTRACTUAL CLAUSES

7.1          Any processing operation involving the transfer of personal data between COH EU and COH LLC shall be covered by the intercompany agreement entered into by the Parties and the SCC. COH EU and COH LLC agree that the SCC shall be directly binding between COH LLC as data importer (as defined therein) and COH EU acting as data exporter (as defined therein) with respect to Personal Data processed jointly. References in the SCC to various articles and terms will be treated as references to the relevant and appropriate articles in the GDPR.

8.             MISCELLANEOUS

8.1          The Parties acknowledge that nothing in this Agreement constitutes a transfer or assignment of any ownership rights (including any intellectual property rights) in respect of the Personal Data.

8.2          The Parties will use their best endeavors to procure that any necessary third party executes and performs all such further deeds, documents, assurances, acts and things as any of the Parties to this Agreement may reasonably require by notice in writing to any other party to carry the provisions of this Agreement into full force and effect.

8.3          None of the Parties may assign or transfer any of the rights or obligations under this Agreement without the prior written consent of each other Party's authorized representative.

8.4          This Agreement shall be governed by the substantive laws of Italy.

8.5          All disputes arising out of or in connection with this Agreement shall exclusively be settled by the competent courts of Milan.


 

SCHEDULE 1 – JOINT PROCESSING ACTIVITIES

Joint controllership’s purposes

The transfer is made for the following joint controllership’s purposes:

·         Answering questions and processing user requests

·         To allow registration requests to the Site

·         Executing the e-commerce services

·         Ensuring the technical operation of the Site and the Platforms

·         Using the “gift card” service

·         Informing users about changes to the terms and conditions of the website and providing this Privacy Policy

·         Compliance with legal obligations

·         Marketing communications

·         Profiling activities

·         Data analysis to obtain trends and improve the Site and the Platform

·         Fraud protection

·         Protection of our legitimate and legal interests

 

Categories of Personal Data

The transfer is related to the following categories of Personal Data:

Customers/Prospects

·    Personal Data;

·    Contact and address details;

·    Information related to the order (shipping details);

·    Information related to the payment method;

·    Invoicing data;

·    Information related to consumer preferences;

·    Requests for notification regarding product availability

·    Gift card balances and uses

·    Operation of a “loyalty” program, if offered

·    Marketing details;

·    Tracking information;

·    Information relating to disputes with customers.

 

  • Data Transfer Assessment and Security Measures

According to guidance from the European Data Protection Board, Standard Contractual Clauses remain a valid mechanism to transfer data, if there are supplementary measures that prevent government surveillance of personal data.

Data controllers are required to review data transfers that rely on Standard Contractual Clauses to ensure that there are adequate supplementary measures in place.

In relation to the Personal Data measures hereunder must include, but not be limited to:

  • the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
  • the ability to restore the availability and access to the Personal Data in the event of a physical or technical incident;
  • the prevention of unauthorized persons’ gaining access to data processing systems (physical access control);
  • the prevention of data processing systems being used without authorization (logical access control);
  • ensuring that individuals entitled to use a data processing system gain access only to such Personal Data as they are entitled to access in accordance with their legitimate access rights, and that, in the course of Processing or use and after storage, Personal Data cannot be read, copied, modified or deleted without authorization (data access control);
  • ensuring the establishment of an audit trail to document whether and by whom the Personal Data have been entered into, modified in, or removed from data processing systems (entry control):
  • ensuring that the Personal Data is Processed solely in accordance with the relevant Data Exporter’s instructions (control of instructions);
  • Data Importer must maintain and enforce at least equal to best industry standards and practices for such types of service locations.

Citizens of Humanity Europe S.r.l. and Citizens of Humanity LLP take the following supplemental controls to protect data from mass surveillance.

  • Encryption Standards
For encryption in-transit, the Company uses Hypertext Transfer Protocol (HTTPS) and Transport Layer Security (TLS) to secure all connections to browsers, mobile apps, and other components bi-directionally with Advanced Encryption Standard (AES)-256 encryption.

 

Accessibility Statement

Citizens of Humanity desires to make our website accessible to everyone who wishes to visit.

 

 

If you have difficulty using or accessing any element of our website, please email us at eshop@citizensofhumanity.com or call us at 323.923.1250 and we will work with you to ensure you have an enjoyable experience with us.