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PRIVACY POLICY

Privacy and Data Protection Policy for

The BLK DNM Holdings, INC.

 

 

This Privacy Policy ("Privacy Policy" or "Policy") is designed to help you understand how BLK DNM Group, LLC (“BLK DNM”, “we” or “us”) collects, processes, and

discloses the information that you share when you use

www.blkdnm.com and its associated domains (together, the “Site”).

We respect your privacy and we are committed to providing

you with notice and choice about our privacy practices.

For the purposes of this Privacy Policy, “you” or “your” refers to you

as a visitor to, or registered user of the Site. Before submitting

information to the Site, please review this Privacy Policy carefully.

By using or accessing the Site, you accept the practices described

in this Privacy Policy. If you prefer that we not collect,

process and disclose information about you, please do not

provide it to us and do not access the Site.



Except where otherwise expressly indicated herein or on or

through the Site, this Policy only applies to information collected

through the Site. This Policy does not apply to information collected

outside of the Site. Capitalized terms not defined in this Policy are

defined in the Terms of Service.

 

INFORMATION WE COLLECT


We do not require you to submit any more information than

is necessary to use the Site effectively. We collect the following

information that you share with us that can be divided into three

categories described below.



1. Personally Identifiable Information: "Personal Identifiable Information"

or "PII" is information that can personally identify you and

we will only use such information in a manner consistent with this Policy.

We maintain one or more databases to store your PII and may retain

it as reasonably required to serve you and operate the Site. PII that we collect depends on how you use the Site. For example, if you register to use the Site,

we may collect your name, email address and telephone number. PII

also includes shipping and billing address, as well as credit card or

other financial account number information. Providing your PII to us

is your choice. If you choose not to provide us with certain PII, you may

not be able to take advantage of certain features of the Site.


2. Non-Personally Identifiable Information: We may also collect

non-personally identifiable information from you which is data that,

by itself, does not allow is to identify you personally.

Examples include birthday, zip code, or demographic information.

Sometimes we may aggregate and/or anonymize PII such that it

becomes non-personally identifiable information.


3. General Information: When you visit the Site, we may

collect various categories of general non-personally

identifiable information (“General Information”).

General Information includes browser information,

operating system information, dynamic IP address and the

date, time, length of stay and specific pages accessed during

your visits to the Site. General Information may be combined

and/or linked to PII in which case we will treat such combined information as PII.



ONLINE IDENTIFICATION TOOLS


Like many website providers, we use your IP address to

help diagnose problems with our servers and provide a

better web experience. Your IP address is used to help identify

you and your shopping cart and gather General Information.

Like many website providers, we may use web beacons (a.k.a. clear GIFs,

web bugs or pixel tags) to personalize your experience of the Site.

Web beacons collect General Information, such as the type of

browser that you use and your IP address. Web beacons may be

used alone or in conjunction with cookies; when web beacons are

used with cookies, they may link General Information to PII. Web beacons usually are not visible to you.

We also use “cookies,” both “session” and “persistent,”

to keep track of your shopping cart and for other purposes

like personalizing the Site. A cookie is a small file stored by

your Internet browser on your computer. A “session cookie” stores

temporary information that is erased when you close your

web browser or turn off your computer.



A “persistent cookie” enables the Site to recognize you when you

return to it and remains stored on your computer until you delete it.

Your web browser is usually set up to initially accept cookies.

If you set your browser to reject cookies, the Site will not be able to

recognize your account or to personalize the content that you see.

We do not and cannot use cookies to gather other information that

may be stored on your hard drive. Third-party advertisers also help us

display tailored content to our customers and serve advertising on our behalf.

These advertisers may also utilize cookies and/or web beacons to collect

General Information about your activities on the Site, to target advertising

based upon your interests and to measure effectiveness of the Site.



THIRD PARTY WEBSITES


The Site also may include an activity feed, social media buttons

and widgets, such as the Facebook “Like” button or the

“Share This” button. These features may collect and display your PII,

your IP address and the page you are visiting on the Site and may

set a cookie to enable the feature to function properly.

These features are either hosted by a third party or hosted

directly on the Site, and your interactions with them are governed

by the privacy policy of the host website.



HOW YOUR PERSONALLY IDENTIFIABLE INFORMATION IS PROCESSED AND DISCLOSED


Except as specified in this Privacy Policy, BLK DNM does not rent,

sell, trade or disclose your PII to third parties without your prior consent.

BLK DNM may, however, use, process and disclose PII:

1. to send information to customers about orders

2. to fulfill your orders

3. to process and collect your payments

4. to send you promotional marketing material about BLK DNM’s

company and partners

5. to customize, analyze, adjust and improve the Site

to better meet your needs;

6. to administer a survey

7. to enforce BLK DNM’s agreements with you

8. to provide you with important administrative information

regarding the Site, such as changes to this Privacy Policy and our Terms of Use, rewards and loyalty programs and other policies

9. to prevent fraud and other prohibited or illegal activities

10. in the event that BLK DNM is considering a merger,

acquisition, sale of company assets, or transition to another entity

11. in the unlikely event of an insolvency, bankruptcy or receivership

2. to comply with potential requests of law enforcement or data protection agencies.

 

BLK DNM employs other companies and individuals to

perform functions on our behalf, such as fulfilling orders,

delivering packages, sending postal mail and e-mail, serving ads

on our behalf, providing search results and links, and processing

credit card payments. These third-party service providers have

access to PII needed to perform their functions but may not use it for

any other purpose. These third-party service providers are obligated

to abide by the terms of this Privacy Policy.



NON-PERSONALLY IDENTIFIABLE INFORMATION AND

GENERAL INFORMATION
You agree that we may share with third parties Non-Personally Identifiable Information and General Information.



OUR SITE IS NOT FOR USE BY MINORS


We do not knowingly market to or collect information

from any person under the age of 13. To use the Site,

you must be the 13 years or older. By using the Site,

you hereby represent that you are at least 13 years or

older in your place of residence. The Site does not contain an

application or other mechanism to determine the age of users.

All information provided to BLK DNM will be treated as if it

was provided by person 13 years or older. If, however,

we learn that a person has submitted information about himself/herself

to us and is under the age of 13, we will attempt to delete the account

and any related information as soon as possible.

 


CONTROLLING YOUR PERSONALLY IDENTIFIABLE INFORMATION


If you tell us that you do not want us to use your PII to contact you,

BLK DNM will respect your wishes. You may instruct BLK DNM

to stop sending you emails, newsletters or other information by following the ‘unsubscribe’ instructions provided in each email. BLK DNM may,

however, continue to use your PII to contact you to service your account or as otherwise authorized by law.

Please note that if you use more than one name or e-mail address when communicating with BLK DNM or using the Site, you may continue to receive communications from BLK DNM to any name and/or email address not specified in your opt-out request.

If you would like to modify or delete your PII, please send an email to CONTACT@BLKDNM.COM with clear instructions in the body of the

email about what you would like to modified or deleted. We will respond to your request promptly.



BLOGS, REVIEWS AND FORUMS


The Site also may from time to time offer publicly-accessible blogs,

customer reviews or forums. Any information you provide in these

areas may be read, collected and used by others who access them.

To request removal of your PII from blogs, customer reviews

or forums, please contact us at CONTACT@BLKDNM.COM. Please note

that in some cases we may be unable to remove your PII,

in which case we will let you know if we are unable to do so and why.


THIRD PARTY LINKS


We may provide links to third-party web sites that we do not own or control.

We are not responsible for the information collection practices

of any website that we do not own or control.

We encourage you to review and understand the privacy

practices of third-party websites before providing any information

to or through them.


MODIFICATIONS


We may occasionally update this Privacy Policy to reflect

changes in our practices. When we post modifications to

this Privacy Policy, we will revise the “Last Revised” date at the

top of this web page. Any non-material changes to this Policy

will be effective immediately upon posting on the Site.

Your continued use of the Site after the posting

of the modified Privacy Policy constitutes your agreement to abide

and be bound by it. If we make any material change,

we will notify you by email (sent to the e-mail address specified

in your account) or by means of a notice on this Site thirty (30) days

prior to the change becoming effective. We encourage you to periodically

review this page for the latest information on our privacy practices.

If you object to any modification, your sole recourse is to stop using the Site.



CALIFORNIA PRIVACY RIGHTS


California residents may request once a year, free of charge,

certain information regarding disclosure of PII by us to third parties

for direct marketing purposes. Upon request will provide a list of the

categories of personal information disclosed to third parties for

third-party direct marketing purposes, along with the names

and addresses of these third parties. To make such a request,

please email us at CONTACT@BLKDNM.COM or write to us at:

BLK DNM, 237 Lafayette New York, NY 10012, USA.

 

We reserve our right not to respond to requests submitted other

than to the email or postal address specified above. You must put

“California Privacy Rights” in the subject line and in your request.

You must provide us with the specific information regarding yourself

so that we can accurately respond to your request.



CALIFORNIA DO-NOT-TRACK DISCLOSURE


Certain web browsers may allow you to enable a “do not track” option

that sends signals to the websites you visit indicating that you do not

want your online activities tracked. This is different than blocking “cookies”

as browsers with the “do not track” option selected may still accept “cookies.”

Right now, there is no industry standard for how companies should respond to

“do not track” signals, although one may be adopted in the future.

We do not respond to “do not track” signals at this time.

If we do so in the future, we will modify this Policy accordingly.

More information about “do not track” is available at http://www.allaboutdnt.org.

Note that the information contained on this website is provided by

a third party with which we have no affiliation.

We do not authorize the collection of your PII for third party use through

advertising technologies without you providing consent directly to such third parties.



INFORMATION FROM CUSTOMERS OUTSIDE OF THE UNITED STATES


The Site is hosted in the United States. If you are visiting the Site

from outside the United States, your information may be transferred to,

stored and processed in the United States in accordance with this

Privacy Policy and applicable US laws. Please note that data protection

and other applicable laws of the United States may not be as

comprehensive as those laws or regulations in your country or may otherwise

differ from the data protection or consumer protection laws in your country.

By using the Site, you consent to transfer of your information to our

facilities as described in this Privacy Policy.


DISPUTE RESOLUTION


UNLESS PROVIDED FOR OTHERWISE UNDER YOUR APPLICABLE NATIONAL LAW, YOU AND BLK DNM AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.


Any dispute between you and BLK DNM, its agents, employees,

officers, directors, principals, successors, assigns, subsidiaries or

affiliates (collectively for purposes of this section, “BLK DNM”)

arising from or relating to this Privacy Policy and its interpretation,

the relationships which result from this Privacy Policy, including disputes

about the validity, scope or enforceability of this arbitration provision

(collectively, “Covered Disputes”) will be settled by binding arbitration

in New York County, State of New York administered by the American

Arbitration Association (AAA) under its Commercial Arbitration Rules,

in effect on the date thereof. Prior to initiating any arbitration,

the initiating party will give the other party at least 60-days’ advanced

written notice of its intent to file for arbitration. BLK DNM will provide

such notice by e-mail to your e-mail address on file with BLK DNM and you must provide such notice by e-mail to CONTACT@BLKDNM.COM



During such 60-day notice period, the parties will endeavor to settle

amicably by mutual discussions any Covered Disputes. Failing such

amicable settlement and expiration of the notice period, either party

may initiate arbitration. The arbitrator will have the power to grant

whatever relief would be available in court under law or in equity

and any award of the arbitrator(s) will be final and binding on each

of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award

punitive or exemplary damages, the right to which each party hereby waives,

and the arbitrator will apply applicable law and the provisions of this

Privacy Policy and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.

BLK DNM and you agree that any Covered Dispute hereunder will be

submitted to arbitration on an individual basis only. Neither BLK DNM

nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority

to proceed on a class, representative or private attorney general basis.

If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms

will be enforced (but in no case will there be a class, representative or

private attorney general arbitration). Regardless of any statute or

law to the contrary, notice on any claim arising from or related to this Privacy Policy must be made within one (1) year after such claim arose or be forever barred.

For purposes of this section, this Privacy Policy will be subject to and

governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).



DATA SECURITY


We maintain a variety of commercially reasonable safeguards

designed to protect your PII from unauthorized access and disclosure.

For example, we use industry-accepted tools and techniques to protect against unauthorized access to our systems. You should be aware,

however, that we have no control over the security of other websites on the Internet that you might visit even when a link may appear to those websites from our Site. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your PII.

As you are likely aware, no system can be completely secure. While we implement commercially reasonable measure to secure your information, we do not promise, and you should not expect, that your PII or other communications always will remain secure. In the event of a breach of the confidentiality or security of your PII, we will notify you as required by law, if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you or through alternative means. You should also take care with how you handle and disclose your PII. Please refer to the Federal Trade Commission’s Web site at http://www.consumer.ftc.gov/ for information about how to protect yourself against identity theft.

MISCELLANEOUS


This Privacy Policy may not be modified except by a writing executed by the duly authorized representatives of BLK DNM. No other act, document,

usage or custom will be deemed to modify or amend this Privacy Policy. This Privacy Policy will inure to the benefit of and will be binding upon each party’s

successors and assigns. This Privacy Policy and the licenses granted hereunder

may be assigned by BLK DNM but you may not assign them without the prior express written consent of BLK DNM.

If any provision hereof is or becomes, at any time or for any reason,

unenforceable or invalid, no other provision hereof will be affected thereby

and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein;

provided that the ability of a party to obtain substantially the bargained-for performance of another party will not have thereby been impaired.
If any party fails to perform any term hereof and another party does not enforce

such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
Nothing contained in this Privacy Policy will be deemed to constitute

either party as the agent or representative of the other party, or both

parties as joint venturers or partners for any purpose. In the event that

either party is prevented from performing, or is unable to perform, any of its obligations under the terms of this Privacy Policy due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.


This Privacy Policy does not create rights enforceable by third parties.
The headings and captions contained herein are for convenience only.
This Privacy Policy, together with our Terms of Service, contains the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

QUESTIONS ABOUT OUR PRIVACY POLICY?


If you have questions about this Privacy Policy or BLK DNM generally,

please contact us through physical mail to:

BLK DNM,

237 Lafayette New York,

NY 10012, USA

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