Information You Provide: When using the Website, in order to utilize some of our services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Information”). Personally identifiable information may include, but is not limited to:
- Email Address
- Telephone Number
- Mailing Address
- Billing Address
- Credit Card Number
- "Usage Data" which is data collected automatically, generated by the use of the Website. Some examples include page views and the duration of a page visit.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us at firstname.lastname@example.org. If we become aware that we have collected Personal Data from children without verification of parental consent, we will take steps to remove that information from our servers.
In addition, we may also collect non-personally identifiable information, such as IP addresses, pages viewed, computer type, screen resolution, operating system version, Internet browser type and version, information collected through cookies, and other technologies, and other data (“Non-Personal Information”). Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose. Non-Personal Information will be retained only for so long as to fulfill a legitimate business need.
We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area (“Aggregate Information”).
Use of Information
Personal Information to Provide Services: We use Personal Information to process and fulfill any orders that you have placed, contact you about our products, send you our catalog, and personalize your experience with us by presenting products or offers tailored to you. This may include sharing information with third parties that provide us with services such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, information technology services, customer service, e-mail delivery services, credit card processing, auditing, and other similar services. These third parties may have access to Personal Information necessary to perform their functions, but may not use it for other purposes.
Website and Marketing: We may use Aggregate Information to improve and enhance your experience on the Website and for our marketing activities. For example, we may share Aggregate Information with unaffiliated third parties, such as business partners, site analytics vendors, manufacturers, and retailers, in an aggregate, anonymous form, which means that the shared information will not contain nor be linked to any Personal Information.
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products you have ordered.
As you use the Internet, a trail of electronic information is left at each Website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a Website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the Website from which you linked to the Website. We may collect and use clickstream data as a form of Aggregate Information to anonymously determine how much time visitors spend on each page of our Website, how visitors navigate throughout the Website and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Website and our services. Any collection or use of clickstream data will be anonymous and aggregate, and will not intentionally contain any Personal Information.
We may work with third-party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Website.
The security of your Personal Information is very important to us. We attempt to provide for the secure transmission of your information from your computer to our servers by utilizing encryption software. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and Colleen, or information stored on the Website or our servers, will be free from unauthorized access by third parties such as hackers and your use of the Website demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your Personal Information. We store only the last four digits of your credit card number and the full number, expiration date, and security code are transmitted to our payment processor in encrypted form. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us at email@example.com.
Our Website may contain links to other Websites not maintained by Colleen. Other Websites may also reference or link to our Website. The inclusion of a link on the Website does not imply endorsement of the linked site by us. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our Website, or for the privacy practices of third party Internet advertising companies. We encourage you to read the privacy statements of every Website that you visit.
Visitors from Outside the United States - Cross Border Transfer
The Website is hosted in the United States. If you are visiting our Website from outside the United States, your information may be transferred to, stored in, and processed in, the United States or any other country where we or our affiliates, subsidiaries, or third-party service providers maintain facilities.
The European Commission has not determined that the United States ensures an adequate level of protection for Personal Information. The data protection and other applicable laws of the United States or other countries 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. Your information may be available to government authorities under lawful orders and law applicable in such jurisdictions.
General Data Protection Regulation (GDPR) - Privacy Rights
Data Controller: The Impressionists LLC is the controller of your personal data provided to, or collected by or for, or processed in connection with, your use of the Website. Please see the “Cross-Border Transfer” section for more information about the transfer of your personal data to the United States or other countries.
Purposes of Processing and Legal Basis for Processing: If you are a resident of the European Economic Area (EEA), you have certain data protection rights. As explained above, we process Personal Information in various ways depending upon your use of our Website. We process Personal Information on the following bases: (1) with your consent; (2) as necessary to fulfill orders when you purchase products; and (3) as necessary for our legitimate interests in providing you with our products, enhancing our web services, conducting analytics, and delivering relevant advertising.
Your Rights Regarding Personal Information: The GDPR requires that we inform our EEA users about certain specific rights:
- the right to object, for legitimate purposes, to the processing of personal data;
- the right to request copies of your personal data held by us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible);
- the right to request that we delete or block your personal data without undue delay; and
- the right to lodge a complaint with a supervisory authority.
Communications with Colleen
By providing your email address to Colleen, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or by other third party manufacturers, services and/or distributors that Colleen believes will be of interest to its audience. If you receive an unwanted email from us, you can simply unsubscribe at the bottom of the email. We are not responsible for removing your personal information from the lists of any third party who has been provided your information in accordance with this policy, such as a business partner.
Changes to Policy
Terms of Service
Thank you for visiting Colleen.com, the online marketplace to discover, shop, and support talented female entrepreneurs. Please read the rules and restrictions that govern your use of our website, products, services and applications (collectively, the “Services”). If you have any questions, comments, or concerns regarding these Terms, please contact us at:
Address: 119 Pondfield Road, Suite 958 Bronxville, NY 10708
WHEN YOU REGISTER FOR AN ACCOUNT OR PURCHASE A PRODUCT FROM COLLEEN.COM, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THE TERMS, YOU SHOULD STOP USING COLLEEN.COM, TERMINATE YOUR ACCOUNT AND DISCONTINUE PURCHASING PRODUCTS FROM COLLEEN.COM.
We reserve the right to modify or update these Terms of Service at any time for any reason, with or without prior notice to you, and any such changes to these Terms will supersede and replace any previous Terms of Service effective immediately upon posting to this page. It is your responsibility to periodically review the Terms posted here for any changes. Your continued use of Colleen.com after the posting of changes to the Terms of Service will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using Colleen.com if you do not agree with any changes to these Terms of Service.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Use of Services
As a condition of using the Services, you represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf.) If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms. You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions that relate to the Services. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. Colleen reserves the right to cease offering the Services at any time.
Registration for an Account
To use some of the services or features made available to you on Colleen.com, you may need to create an Account. When you register for an Account you are required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address. Users who have created an Account (“Registered Users”) are able to see and manage their account through the “Account” part of the Website after site login. Should any of your registration information change, please update your Account information or notify us immediately at the following e-mail address firstname.lastname@example.org. We also reserve the right to change the registration requirements from time to time.
Buyers and Sellers
You may use the Services in one or both of the following capacities: (a) as a brand who wishes to list certain goods (“Goods”) for sale on Colleen.com (collectively, "Sellers"), or (b) as an individual who wishes to purchase Goods via the Services (collectively, "Buyers"). All users of the Services, including, without limitation, Buyers and Sellers are, collectively "Users". When we use the word “you” in these Terms, it refers to any User, regardless of whether he or she is a Seller or Buyer, while if we use one of those specific terms, it only applies to that category of User.
Colleen relies upon a community of independent Sellers that supply the Goods advertised on and sold through the Services. Colleen at no time holds possession of or title to the Goods advertised on and sold through the Services. Colleen provides a marketplace to connect Sellers and Buyers, and is not involved in the transaction itself. Sellers may sell Goods through their storefronts on the Services and such Goods are not owned or controlled by Colleen. Before purchasing Goods from any Seller, Buyers are responsible for making their own determinations that the Goods are suitable. Buyers are responsible for reviewing the return policy for each item listed.
Colleen does not directly offer any Goods. You hereby acknowledge that Colleen does not supervise, direct, control or monitor the Seller’s Goods and expressly disclaims any responsibility and liability for the Seller’s Goods, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
BuyersCertain of the Services may allow you to purchase Goods using the Services. If you purchase any Goods using the Service:
- You agree to pay the amount listed and all other disclosed amounts, such as taxes, duties, costs and expenses. You agree that you are responsible for all payments and taxes associated with your use of the Services.
- You agree that we can automatically charge your credit card during the purchase process. All amounts are in US Dollars only.
Sellers are responsible for the accuracy in describing and pricing the Goods on the Service. If you have any claims or disputes regarding any Seller or any Goods on the Service, please contact us at email@example.com, and we will use reasonable efforts to facilitate the communication and resolution of such claims or disputes with the Seller. You agree and acknowledge that while Colleen may assist with resolving your claims or disputes regarding any Goods on the Services, (i) the ultimate resolution of any such claims or disputes is between you and the Seller, and (ii) Colleen is not responsible for successfully resolving any claims or disputes between you and the Seller.
As part of the Services, you may receive communications through the Services, including messages that Colleen sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Colleen to send you information that we think may be of interest to you, which includes order and shipping information. Colleen may use automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from us, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from us. You agree to indemnify and hold Colleen.com harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
In accordance with state by state marketplace facilitator laws, Colleen will remit sales tax payments for products sold on Colleen.com in accordance with those laws. You are responsible for collecting and paying any additional payments or taxes associated with using and making sales through our Services.
Certain of the Services may allow you to offer Goods on the Services for sale.
By offering Goods on the Services for sale, you agree to the following:
- You represent and warrant that you own or have the right to sell the Goods, and that your Goods description, the Goods, and your conduct in listing the Goods comply with all applicable laws and regulations.
- You will provide accurate and lawful descriptions and prices for each Good you list on the Services.
- You agree to complete the transaction promptly on the terms listed for the selected Goods.
- Violate any applicable law or regulation, or is an illegal item, including counterfeit or stolen items; or
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
If an issue or dispute arises between you and any Buyer regarding any Goods you offer on the Service for sale, please contact us at firstname.lastname@example.org, and we will use reasonable efforts to facilitate the communication and resolution of such claims or disputes with the Buyer. You agree and acknowledge that while Colleen may assist with resolving your claims or disputes regarding any Goods on the Services, (i) the ultimate resolution of any such claims or disputes is between you and the Buyer, and (ii) Colleen is not responsible for successfully resolving any claims or disputes between you and the Buyer. In addition, Colleen reserves the right, for any reason, in our sole discretion and without notice to you, to remove any Goods you list, and to suspend your access to the Services. Colleen will not be liable to you or to any third party for taking any such action. Sellers must collect, use, maintain, and transmit all Buyer Information in compliance with all applicable laws.
When you upload or post any Content to our Services, you grant to Colleen.com a license and right to such Content (and any intellectual property or other proprietary rights you have in such Content) to distribute, edit, modify, store, aggregate, publish, publicly display, and otherwise use, in the broadest sense permitted under applicable law, such Content on or off the Services: (a) for the purpose of providing the Services to you and other Users, such as promoting your Goods on the Services; and (b) with respect to Content that is related to the Goods, such as information, photographs, and videos of your Goods, for the purpose of marketing and promoting the Services. For example, for marketing and other purposes, Colleen.com will occasionally display your Content or listings on other sites, like Instagram, Facebook, or Twitter. You agree that the licenses you grant us with respect to such Content are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.
You represent and warrant that you own or otherwise control or have a license to all necessary rights to the Content that you post or submit to Colleen for use on the Services and that you have sufficient rights to grant this license to such Content to Colleen without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else;
violates any privacy laws or any other purpose not reasonably intended by Colleen;
is dangerous, harmful, fraudulent, threatening, abusive, or objectionable;
violates the security of any computer network;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of the Services;
reverse engineers or otherwise attempts to obtain the source code of the Services.
You further agree to not:
fail to deliver payment for Goods purchased by you;
fail to deliver Goods purchased from you;
manipulate the price of any Good;
share Colleen.com’s proprietary information;
abuse or harass another using the Services;
access the Services by any means other than through the interface that is provided, or violate any usage rules relating to the protection of materials or technology on the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
All right, title and interest to the Services are the property of Colleen.com and are protected by copyrights, patents, trademarks or other proprietary rights and laws. You may not use, copy, modify, reverse engineer, sell, distribute, assign, sublicense or otherwise transfer any right, of any part of the Services without the prior written consent of the respective owner.
Unless otherwise agreed to in a separate agreement between us, with respect to any software or applications that we make available to you (collectively, the "Software"), Colleen.com grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use such Software provided, for the sole purpose of enabling you to use the Services in the manner permitted by this TOS. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, or otherwise attempt to extract the source code of the Software or any part thereof. You may not assign or grant a sublicense of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Services.
Billing and Payment
We use third-party payment processors to bill you through a payment account linked to your account on the Services for the purchase of any Goods. The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to these Terms. We are not responsible for an error made by a Payment Processor.
By choosing to purchase any Goods, you agree to pay through the applicable Payment Processor all charges in accordance with the applicable payment terms, and you authorize us through the Payment Processors to charge your chosen payment provider. Colleen reserves the right to correct any errors that a Payment Processor makes even if it has already requested or received payment.
We take reasonable care, in so far as it is within our control to do so, to keep the details of your order and payment secure. However, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from Colleen.com.
Colleen will charge Sellers a commission for each sale in accordance with its then-current commission rate and payment structure. Colleen will deduct the amounts due for the commission from the amounts payable to Seller for each transaction conducted through the Services.
Third Party Charges
You are solely responsible for any fees or charges incurred to access the Services through an internet access or mobile access provider, or other third party.
You agree that Colleen may terminate or suspend your Colleen account and access to the Services at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TOS (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. Colleen.com has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Service.
You hereby expressly waive and release any and all claims against Colleen and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to your use of the Services (including your purchase of any Goods). You acknowledge that you are familiar with any applicable federal, state, and local laws, orders, and guidelines related to the spread of infectious diseases. You will comply with all such applicable laws, orders, and guidelines in your use of the Services (including, for example, in your selling and packaging of any Goods).
You shall defend, indemnify, and hold harmless Colleen and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, and the costs of enforcing any right to indemnification under this provision, and the cost of pursuing any insurance providers, incurred by Colleen or any other Releasees, arising out or resulting from any claim of a third party due to your use of the Services.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL ANY OF THE COLLEEN PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES.
You agree to indemnify and hold the Colleen parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account) and any Goods (including any Goods you buy, sell or offer to sell using the Services), (b) your violation of this TOS, and (c) your violation of any applicable law, rule or regulation or any rights of another.
Choice of Law
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Virginia, without regard to the conflicts of laws provisions thereof.