Our work is to gather, engage and empower the people.

Privacy Policy

Privacy Policy

Privacy Policy

Last Updated: January 28, 2020

We Are A Generation, Inc. (together with its subsidiaries referred to as “We Are A Generation”, “we”, “our”, or “us”) recognizes that you care how information about you is used and shared and respects your privacy. Your privacy is a serious matter to us. This Privacy Policy applies to information collected, processed or stored by us, as further described in this Privacy Policy, including on and through johnvarvatos.com (the “Website”) as well as on or through other We Are A Generation services and applications that link to this Privacy Policy (the Website and other services and applications, collectively, the “Services”). The Privacy Policy describes how that information is collected, how we use this information, and with whom we may share such information. We also work with affiliates, which include other entities directly or indirectly controlled by, or under common control with, us (“Affiliates”). Information collected on or through the Website may be collected by We Are A Generation, Affiliates, by third-party service providers and first-party advertisement serving vendors acting on behalf of us or our Affiliates, and/or our business partners, as further described below. By accessing the Website, you agree to be bound by this Privacy Policy and our Terms and Conditions of Use.

Please be advised that this Privacy Policy does not necessarily reflect our practices with respect to information gathered through other websites we may operate for international customers.  This Privacy Policy is incorporated into, and part of, the We Are A Generation Terms and Conditions of Use, which governs your use of the Website in general.

Please note: The servers that make the Website available and that store the information that is collected on or through the Website are located in the United States. This Website is intended for users who are located in the United States and is hosted and operated in the United States, pursuant to United States law. By providing Personal Information (as defined below) through the use of this Website, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.

Section 1
  1. WHAT INFORMATION ABOUT ME IS COLLECTED AND STORED?

For purposes of this Privacy Policy, “Personal Information” is defined as personally identifiable information about an individual person and includes but is not limited to a person’s name, age, birthdate, physical address, zip code, e-mail address, credit/debit card information, and/or telephone, wireless and/or fax numbers, as more particularly described under applicable U.S. privacy laws.

We collect information about you either: (i) directly from you when you provide it to us, including when using the Website; (ii) automatically as you use the Website; and (iii) from Affiliates and other sources, as described in this Privacy Policy.

  • Personal Information Collected: We collect several types of information from and about users, including Personal Information, gender, password, Paypal account information, and purchase history.
  • Information Collected through Automatic Data Collection Technologies: As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including, IP address, login information, browser type and version, time zone setting, location, browser plug-in types and versions, operating system and platform, products viewed, searched for or purchased, page response times, download errors, length of visit to certain pages, page interaction (scrolling, clicks, mouse-overs) and methods used to browse away from the page.

If you provide Personal Information to us, including Personal Information about individuals other than yourself, you represent and warrant that: (i) you have the authority to provide that Personal Information and to grant us the right to use that Personal Information consistently with this Privacy Policy, (ii) you have provided that Personal Information voluntarily, and (iii) you consent to the use of that Personal Information in the manner indicated by this Privacy Policy. If you provide a third party’s Personal Information to us, you represent and warrant that such third-party is at least eighteen (18) years of age. If you provide a third party’s e-mail address to us, you represent and warrant that you have the consent of that third party to provide his/her email address to us. For more information on our policies related to minors, please see Section 12 “Children and Privacy.”

Section 2
  1. USE OF COOKIES AND OTHER TRACKING TECHNOLOGY

Like many other websites, our Services may incorporate various tracking technologies such as web beacons, audience management tags and pixel tags for automatic data collection.

We may also use “cookies” to keep, and sometimes track, information about you. Cookies are small data files that are stored on your computer’s hard drive and can be used to collect information about where you travel on our Website and what pages you look at and items you purchase. They may store the information in your shopping cart, and/or your username and/or password. All of these purposes enable us to improve functionality and personalize your experience on our Website.

Further, some of our e-mail communications to you may include a “click-through URL” linked to a particular page on the Website. By clicking on one of the URLs, you will automatically enter our Website and we may collect information related to the “click-through”. You may avoid having this information collected by not clicking on URL links in our e-mail communications.

Section 3
  1. INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY COMPANIES

Third parties acting on behalf of us or our Affiliates may use cookies, web beacons, audience management tags, pixels tags or other automatic data collection technologies:

  • to help us measure and determine how visitors use our Website and the effectiveness of our Website;
  • to help us improve and optimize the products and services we or our Affiliates offer; or
  • to collect information regarding your online behavior to provide you with use-tailored and targeted advertisements. Such advertising intermediaries may include advertising networks, advertising exchanges, analytics providers, data brokers, re-targeters, re-marketers, and/or market researchers. These automatic data collection technologies facilitate collection of your information regarding your use of the Website each time you visit the Website and to serve ads based on your past visits to the Website. Such third parties, acting on behalf of us or our Affiliates, collect information about your online activities over time and across different websites as a result of accessing this Website, and may show your ads on sites across the Internet.
Section 4
  1. HOW WE USE YOUR INFORMATION

We may use information that we collect about you or that you provide to us, including any Personal Information:

  • to administer and present the Services and its contents to you, including (i) identifying product preferences and shopping preferences and customizing Website pages for you and (ii) saving your password so you do not have to provide it each time you visit the Website;
  • to allow you to participate in interactive features of the Services;
  • to complete, fulfill, manage and communicate with you about your orders or otherwise provide you with our offerings;
  • to fulfill any other purpose for which you provide it;
  • to contact you regarding any Services or offers we provide through the Services or to notify you about changes to the Services;
  • to inform you and make recommendations about our products and Services, including sales, special offers and new Website features, and to send you other promotional communication;
  • to provide customer service or support, or contact you regarding your account;
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • to conduct internal research and development and improve the Services;
  • to perform other logistics and operation activities as needed;
  • to protect our assets and prevent fraudulent transactions, including (i) validating credentials and authenticating customers when logging into your online profile or transacting in store and (ii) protecting the security and integrity of our Services and our data;
  • to share information with Affiliates and third parties, as described in this Privacy Policy;
  • in any other way we may describe when you provide the information; or
  • for any other purpose with your consent.
Section 5
  1. PAYMENT INFORMATION

When you make a purchase, we ask you to provide payment information, which may include payment card information (such as credit card number, type, and expiration date), billing address, and shipping address. Our third-party payment management companies, which are required by credit card issuers to meet specific security requirements, will collect, store, and process your credit card and other payment information on our behalf using industry-standard security measures.

Section 6
  1. COMBINING INFORMATION

We may combine the information we receive from or about you, including both information that you provide to us and information we collect though automatic data collection technologies on computers or devices that you use, with information that we collect or receive from or about you from other sources, including from business partners, Affiliates (and their business partners), social media platforms and other third-party sources. We may use and share this information for the purposes as described in this Privacy Policy.

Section 7
  1. TEXT MESSAGES

If you have provided prior express written consent to have promotional offers or transactional correspondence from us sent to your mobile device, we may send you a MS, MMS or other text message (“Text Messages”) with such communications to the telephone number you provided to us. Standard text message rates will apply. You represent that you are the owner or authorized user of the wireless device on which Text Messages will be received, and that you are authorized to approve the applicable charges.

If you have provided a telephone number for Text Messages, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify us of the Phone Number Change by contacting us as set forth below.

Section 8

8.  E-mail Updates. The Site provides Users with the ability to register for We Are A Generation® E-mail Updates.  In connection with the E-mail Updates,We Are A Generation® shall send registered Users e-mail Content that We Are A Generation® believes will be of interest to its Users.  Users can opt-out of receiving the E-mail Updates by following the instructions set forth in the E-mail Updates and/or by utilizing the options set forth in the Privacy Policy.

Section 9

9.  Social Media Pages.  The Site contains links to the various We Are A Generation® Social Media Pages.  The Social Media Pages are hosted and made available on third-party websites (“Social Media Websites”) by third-party entities.  Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions.  You understand and agree that We Are A Generation® shall not be liable to you, any other User or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

Section 10

10.  Store Locator.  The Store Locator enables Users to conduct a search for We Are A Generation® stores located near the address/zip code supplied by that particular User (collectively, “Stores”).  The Store Locator may provide links, listings and an interactive map for some or all of the Stores.  The pricing displayed on our Site is not necessarily the pricing that our Users should expect to find in any applicable Stores. We do not guarantee that any specific Merchandise and/or style will be available in any applicable Store.  You understand and agree that We Are A Generation® shall not be liable to you or any third party for any products and/or services offered by any Store, and/or any transactions entered into between you and any Store.

Section 11

11.  License Grant.  As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the We Are A Generation® Offerings. We Are A Generation® may terminate this license at any time for any reason.  Unless otherwise expressly authorized by We Are A Generation®, as a visitor to the Site, you may only use the We Are A Generation® Offerings for your own personal, non-commercial use.  No part of the We Are A Generation® Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the We Are A Generation® Offerings except as expressly permitted by We Are A Generation®.  You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the We Are A Generation® Offerings, or any portion thereof.  You may not create any “derivative works” by altering any aspect of the We Are A Generation® Offerings.  You may not use the We Are A Generation® Offerings in conjunction with any other third-party content.  You may not exploit any aspect of the We Are A Generation® Offerings for any commercial purposes not expressly permitted by We Are A Generation®.  You further agree to indemnify and hold harmless We Are A Generation® for your failure to comply with this Section 11. We Are A Generation® reserves any rights not explicitly granted in the Agreement.

Section 12

12.  Proprietary Rights.  The We Are A Generation® Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights.  The copying, redistribution or publication by you of any part of the We Are A Generation® Offerings is strictly prohibited.  You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the We Are A Generation® Offerings.  The “We Are A Generation” name and logo are registered trademarks of We Are A Generation Apparel Corp.  The use of any John Varvatos® trademark without We Are A Generation’s® express written consent is strictly prohibited.  The posting of information or material by and through the We Are A Generation® Offerings does not constitute a waiver of any right in or to such information and/or materials.

Section 13

13.  Legal Warning.  Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of theWe Are A Generation® Offerings is a violation of criminal and civil law and We Are A Generation® will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

Section 14

14. Indemnification.  You agree to indemnify and hold We Are A Generation®, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the We Are A Generation® Offerings; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity.  The provisions of this Section 14 are for the benefit of the Covered Parties.  Each of those individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Section 15

15. Disclaimer of Warranties.  THE WE ARE A GENERATION® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE A GENERATION® MAKES NO WARRANTY THAT THE WE ARE A GENERATION® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL, IN THE CASE OF THE MERCHANDISE, BE AVAILABLE IN ALL SIZES, COLORS, STYLES AND/OR FITS; AND/OR (E) WILL BE ACCURATE OR RELIABLE.  THE WE ARE A GENERATION® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE ARE A GENERATION® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WE ARE A GENERATION® OFFERINGS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WE ARE A GENERATION® OR OTHERWISE THROUGH OR FROM THE WE ARE A GENERATION® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Section 16

16. Limitation of Liability.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE A GENERATION® SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE ARE A GENERATION® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WE ARE A GENERATION® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE WE ARE A GENERATION® OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) THE INABILITY TO OBTAIN MERCHANDISE IN A PARTICULAR SIZE, COLOR, STYLE OR FIT; AND/OR (E) ANY OTHER MATTER RELATING TO THE WE ARE A GENERATION® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS.  YOU HEREBY RELEASE WE ARE A GENERATION® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.  IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF WE ARE A GENERATION® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00).  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WE ARE A GENERATION® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY YOU OR WE ARE A GENERATION® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.  THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WE ARE A GENERATION®.  ACCESS TO THE WE ARE A GENERATION® OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.  SOME JURISDICTIONS, SUCH AS NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF WE ARE A GENERATION® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Section 17

17. Third-Party Websites.  We Are A Generation contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites. We Are A Generation® does not control the information, products or services available on or through these third-party websites.  The inclusion of any link does not imply endorsement by We Are A Generation® of the applicable website or any association with the website’s operators.  Because We Are A Generation® has no control over such websites and resources, you agree that We Are A Generation® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of your data privacy by third parties.  Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third-party.  You further agree that We Are A Generation® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

Section 18

18.  Editing, Deleting and Modification.  We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

Section 19

19.  End-User Information.  All materials that you submit through or in association with the Site including, without limitation, the Registration Data, shall be subject to the Privacy Policy.

Section 20

20.  Dispute Resolution Provisions.  The Agreement shall be treated as though it were executed and performed in Youngstown, OH and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles).  The parties hereby agree to arbitrate all claims that may arise under the Agreement.  Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the We Are A Generation® Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration in Youngstown, OH, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting a Legal Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Legal Dispute Notice (“Final Settlement Offer”).  If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here.  For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

Section 21-23

 

21.  Miscellaneous.  To the extent that anything in or associated with the We Are A Generation is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.  Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and the Returns Policy, insofar as the return of Merchandise is concerned, the Returns Policy shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.  Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. We Are A Generation may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

22.  California End-User Consumer Rights.  In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to: dca@dca.ca.gov.

23. Contact Us.  If you have any questions about the Agreement, We Are A Generation or the practices of We Are A Generation, please feel free to email us as at: info@weareageneration.com; or send us U.S. mail to: We Are A Generation, Inc., Attn: Webmaster, 3221 Quentin Drive, Youngstown, OH 44511.