Terms and conditions

DSM Privacy Notice

 

This website (the “Website”) and our store at 160 Lexington Ave, New York, NY 10016 are owned and operated by Dover Street Market New York LLC (“we”, “us”, or “our”).

 

We are committed to protecting and respecting the privacy of our customers. This privacy policy addresses the use of information we collect from you or that you provide to us in the course of you using our website or visiting our store. Please read the following carefully to understand how we will use your personal data. In addition, please see below for your legal rights concerning your personal information.

 

Please read the following carefully to understand how we will use your personal data.

 

What data do we collect about you?

 

When you are using our Website or when you make a purchase in Store we may collect certain data about you, such as:

 

Basic contact information

 

Should you decide to register for an account on our Website or when in Store, then we will collect the following information during the sign up process which will form part of your account:

 

  • your name
  • email address
  • telephone number
  • date of birth
  • address during the sign-up process and retain this information as part of our records.
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      If you choose to create an account on the Website, you will also provide us with a chosen username and a password that you will be able to change freely.

       

      Additionally, you may provide us with further information or edit your existing information during the course of using your account through the Website.

       

      Your payment details

       

      If you decide to make a purchase on the Website using your credit or debit card, you will need to provide us with your credit or debit card information.

       

      Technical information about your device and Website usage

       

      When you use our Website we will collect certain technical information including:

       

      • Details about your device This includes IP addresses, device type, operating system, platform, location data, browser type/version and your time-zone settings.
      •  

      • Information relating to your use of the Website, including telephone number, date of birth and address page response times, the pages of our Website that you visit, methods used to browse away from the page and any download errors.
      •  

        Records of how you use our services

         

        We will keep a record of the products you have bought from us and any returns that you have made. In addition, we will also keep records concerning your responses to our marketing campaigns (i.e. whether you have read our emails, used discount codes provided or entered any contests/competitions).

         

        Records of communications you have with us

         

        Any time you contact us, whether by telephone or email, we will keep records of those communications. Please note that we do not record our phone calls.

         

        Other information that you provide to us voluntarily

         

        This may include data that you provide to us if you enter a competition or prize draw on our Website or the details of any feedback that you provide to one of our online surveys or focus groups.

         

        DSM Client Account

         

        Should you choose to create a DSM client account, you will be asked to provide us with your full name, email address, postal address, telephone number and date of birth. This information will be used to create your profile and to keep records of your purchases. Also, with your consent, we may occasionally send you newsletters and emails regarding special offers, promotions, features and/or product updates. Please note, that you may withdraw your consent and opt to stop receiving communications from us at any time you choose.

         

        Cookie Policy

         

        We also gather aggregated, non-personally identifiable information from you (such as usage patterns) when you access the Website through the use of cookies and web beacons. Essentially, our Website uses cookies to distinguish you from other Website users. This helps us to provide you with a good experience when you browse our Website and also assists us in improving our Website.

         

        A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies to collect anonymous information about how you use this Site by setting and accessing cookies on your computer. These cookies track information such as how often you visit our Site, what pages you view, and where you go after you leave our Site. The cookies are not connected to your personal information.

         

        We use the following cookies:

         

        • Essential cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping basket or make use of e-billing services.
        • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.
        • Functionality cookies. These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
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          You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website.

           

          Web beacons, or clear gifs, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages. Web beacons help us better manage content on our Site by informing us what content is effective. We do not tie the information gathered by web beacons to your personal information.

           

          How your personal information is used and the legal basis for using your personal information

           

          We collect personal information not only to fulfill your order, but also to make our services more rewarding for you to use. Specifically, we use your personal information for a number of reasons, including:

          • to set up and manage your account with us;
          • to facilitate your use of our Website;
          • to communicate with you in relation to your use of the Website, products you have purchased;
          • in Store and to provide you with customer support;
          • for internal management, administrative and organizational reasons;
          • to share information with our suppliers and other third parties where required;
          • to send offers, promotions or other marketing which we think you may like; and
          • to perform data analytics and benchmarking.
          In order for us to be able to use your data, we must have a legal basis for doing so. Therefore, we will only use your data where it is necessary for:

           

          • the performance of an agreement to which you are a party;
          • compliance with a legal obligation to which we are subject; or
          • • A legitimate business interest that is not overridden by your interests, rights and freedoms. For example, your information may be transferred in connection with the sale, merger or business acquisition of DSM.
          where none of the above applies, we will request your consent (which we will ask for before we process the data).

           

          The table below provides further details about the purposes for use of your personal information as well as the legal basis for collecting such information from you.

           

          Purpose

          Method of collection and legal basis for processing

          To setup and manage an account with us

          • the data is required to set up your account when you register on the Website; and
          • to identify you each time you login to the Website and to allow us to retain your account profile information.

          Method of collection

          This information will be provided by you directly when you first setup an account with us and then during the course of using our services.

          Legal basis
          Necessary for the performance of the contract between you and us in relation to your purchasing of products on our Website

          To facilitate your use of our Website

          • to enable you to purchase the products on the Website and deliver them to you; and
          • to allow us to retain records of the products you have purchased, along with products you have returned.

          Method of collection

          This information will be provided by you directly when you first setup an account with us and then collected by us during the course of you using our services. We may also collect certain information indirectly from your device or web browser, for more information on the cookies we use please see our Cookies and Web Beacon Policy.

          Legal basis

          Necessary for the performance of the contract between you and us in relation to the sale of our products to you and in all other cases it is necessary to fulfil our legitimate business interests

          To communicate with you

          • to provide you with customer support and answers and/or respond to any queries or feedback that you send to us;
          • to inform you when an order has been confirmed, dispatched or returned;
          • to assist you with any technical problems you have with the Website; and
          • to update you with any changes to our terms and conditions or other policies.

          Method of collection

          This information is collected when we communicate with you or you communicate with us.

          Legal basis

          Necessary for the performance of the contract between you and us in relation to the sale of our products to you. In all other cases it is necessary to fulfil our legitimate business interests to respond to communications that you send to us and to inform you of relevant information in relation to the services that we provide.

          Internal management, administrative and organisational reasons

          • to manage the traffic on our Website;
          • to improve the functionality of the Website;
          • to inform decisions as to new products available on the Website; and
          • to defend ourselves against any future legal actions.

          Method of collection

          This information is collected from you both directly and indirectly.

          Legal basis

          It is our legitimate business interest to improve our services and defend ourselves against legal claims

          To share information with service providers 

          • see the section Who do we share your data with, and for what purposes? for more information.

          Method of collection

          This may include any of the information we hold about you, whether collected by direct or indirect means.

          Legal basis

          It is our legitimate business interest to share your data with trusted third parties who provide us with services relevant to our provision of the Website, including customer support, information technology, payments, marketing, data analysis, research and surveys. In some circumstances we will do this because is it necessary for the performance of the contract between you and us in relation to the sale of our products to you, for example our delivery partners.

          To send you offers, promotions or other marketing

          • to send you promotions, offers and bonuses that you may be interested in via email, post, telephone SMS (which includes WhatsApp messenger) or otherwise in accordance with your specified preferences (if applicable); and
          • to send you similar information through your account which can be accessed through the Website.

          Method of collection

          Your contact details will be collected when you first setup an account with us and may be updated (along with your preferences) from time to time.

          Legal basis

          We will obtain your consent to send marketing.

          If we send you a marketing email or SMS, it will include details on how to unsubscribe from receiving similar marketing messages in the future. 

          You can also manage your information and update your marketing preferences through the Website by using the ‘My Account’ section or, if your details were collected in Store, by contacting info@dsm-ny.com or on (646) 837-7750. Please allow up to 48 hours for any opt out request to be processed. We may continue to send you relevant service messages about your account and our services if you have unsubscribed from emails or SMS.

          To perform data analytics and benchmarking

          • to improve your experience with website; and
          • to analyze purchase preferences and trends.

          Method of collection

          This information is collected across your interactions with the Website and in relation to the purchases you make in Store.

          Legal basis

          It is our legitimate business interest to improve our website and services for our customers improved experience.

           

          In some instances, we may intend to use your data in ways that are not described above. However, we will seek to inform you before doing so.

           

          Who your personal data is shared with and the reasons for sharing your personal data

           

          We may share your personal data with:

           

          Our affiliates

           

          We may share your personal data with our affiliates globally in order to provide you with the best access to our stores and services no matter where in the world you find yourself. For example, if you purchased a product in our London Store but lived in New York, and have consented to receiving marketing materials, we would pass your details to our New York Store so that you can be invited to special events there.

           

          Web development agencies

           

          This will only happen in the event that you are experiencing technical difficulties and we need additional assistance to fix an isolated incident.

           

          Payment service providers

           

          We use certain third parties such as payment processors (and POS (point of sale) system providers for in Store purchases) to administer and process payments to and from you.

           

          Warehousing and fulfilment providers

           

          We will share your data with our warehousing and fulfilment providers so that they may dispatch and deliver your purchased products.

           

          IT providers

           

          We use certain IT providers to support our business, including for services such as customer support. We will share your data with our customer marketing service providers so that they may send you emails and SMS message about products and offers that may be of interest to you, these emails and messages will all be from us. We do not sell your data to third parties.

           

          To comply with legal or regulatory requests

           

          If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, we may share your personal data with a regulator or law enforcement agency, for example the police.

           

          If you would like to receive a full list of our suppliers and other third parties who we share your data with then you can get in touch with us at info@dsm-ny.com.

           

          Where your personal data may be sent

           

          We use a cloud based platform to store your data, which may involve use of geographically distributed data centers. As with any multinational organization, we are often required to transfer data internationally. Accordingly, data about you may be transferred globally. This includes transfers that have been identified in the previous section: Who your personal data is shared with and the reasons for sharing your personal data.

           

          How your personal data is protected

           

          The security of your personal information is important to us. As such we implement appropriate technical and organizational measures to protect your personal data. When you provide sensitive information (such as a credit card number), we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We also limit access to your personal data to those employees, agents or contractors who have a business need to access it. We require our service providers to comply with strict data privacy requirements.

           

          If you have any questions about security on our Website, please contact us at info@dsm-ny.com.

           

          Duration that your personal data will be kept

           

          The period for which we may retain data about you will depend on the purposes for which the data was collected, whether you have requested the deletion of the data, and whether any legal obligations require the retention of the data (for example, for regulatory compliance). We will not retain data about you for longer than is necessary to fulfil the purposes for which the data was collected.

           

          Your rights concerning your personal data

           

          As a result of us collecting and processing your personal data, you have the following legal rights:

           

          1. to access personal data held about you;
          2. to request us to make any changes to your personal data if it is inaccurate or incomplete;
          3. to request your personal data is erased where we do not have a compelling reason to continue to process such data in certain circumstances;
          4. to receive your personal data provided to us as a data controller in a structured, commonly used and machine-readable format where our processing of the data is carried out by automated means and is based on: (i) your consent; (ii) our necessity for performance of a contract to which you are a party; or (iii) steps taken at your request prior to entering into a contract with us;
          5. to object to, or restrict, our processing of your personal data in certain circumstances;
          6. if we use your personal data for direct marketing, to ask us to stop and we will comply with your request;
          7. if we use your personal data on the basis of having a legitimate interest, to object to our use of it for those purposes, giving an explanation of your particular situation, and we will consider your objection;
          8. to object to, and not be subject to a decision which is based solely on, automated processing (including profiling), which produces legal effects or could significantly affect you; and
          9. to lodge a complaint with a data protection supervisory body
          10.  

            Contact Us

             

            If you have any questions, or wish to exercise any of your rights, please contact us at info@dsm-ny.com or on (646) 837-7750.

             

            Changes to this notice

             

            We may update this notice (and any supplemental privacy notice), from time to time. We will notify you of the changes where required by law to do so.

             

            Last modified June 2018.

             

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