Privacy policy

 

PRIVACY POLICY

Thank you for visiting lgbnj.com (the “Site”). This Privacy Policy contains the privacy policy for Let's Go Brandon, LLC. dba Let's Go Brandon aka LGB (“Company”, “we”, “our”, “us”) and describes our privacy practices when you use our Site or visit our stores; register with us; or purchase a product online or in one of our stores, we may collect, store, use and disclose your personal information in accordance with this Privacy Policy. We may change or add to this Privacy Policy, so we encourage you to review it periodically and to check for updates when you provide us with additional personal information.

We have included in this Privacy Policy details related to how we collect, store, use and protect the information you decide to provide to us. This Privacy Policy identifies:

  • why we collect your personal information;
  • the information that is collected by us;
  • how we use and store your information;
  • how we may share your information; and
  • how you may contact us.

You can visit our stores and our Site without identifying yourself or providing any personal information, though please note that certain stores may contain in-store security cameras, both in public and “employee-only” areas of the store. At certain times, however, we may ask you to provide certain personal information for the purposes set out in this Privacy Policy, including, but not limited to, when you voluntarily sign up through our Site to elect to join our email list(s).

We allow you to control how we contact you. We will respond to your customer inquiries using the contact information that you provide to us. We may send you promotional material by mail, Facebook, Twitter, Youtube, Flickr, Tumblr, Vimeo, Pinterest, Instagram, e-mail, text message (SMS), mobile communication device, telephone or other means. This Privacy Policy explains how you can control how we contact you.

Unsolicited Emails and Telephone Calls

Please do not share/send personal information (and particularly financial/credit card information) in response to any unsolicited e-mail or phone call that appears to come from us or our affiliated companies or brands. We will not contact you and ask for such information; such information is only submitted when completing an order.

*In certain cases, customer service may contact you for a verification of some information such as your shipping address and/or ID may need to be confirmed.

 

Why do we collect your personal information? 

We collect information from you in order to provide you with an interesting, safe, convenient and personalized online shopping experience and for the other purposes set out in this Privacy Policy. We may retain certain personal information in order to improve the personalization of your subsequent visits. We also collect information from you in-store and on-line to comply with our legal and contractual obligations and to facilitate transactions. We also collect personal information to assist us in preventing, deterring and detecting criminal activities and other wrongful conduct on our premises and on-line. With your express consent or implied consent, as allowed by applicable law, we may collect your personal information to use for promotional purposes such as personalized ads.

What personal information do we collect?

Information about you

We receive and may retain various information voluntarily given to us by you when you visit our Site, make a purchase on-line or in our stores using your credit card or debit card, register online, purchase a membership, take part in a special promotion, register to receive newsletters or promotional material, apply for employment with us or when you provide any other information or unique preferences to us for the purposes listed in this Privacy Policy. This information may include:

  • your name, address (including postal/zip code) and phone number;
  • your date of birth;
  • your e-mail address;
  • your IP address;
  • photographs or videos of you;
  • your credit card and other financial information;
  • your resume;
  • proof of your identity; and
  • any other information that you may voluntarily provide through the Site or other means, including through Facebook, Twitter, Youtube, Flickr, Tumblr, Vimeo, Pinterest, Instagram, any sort of mobile communications device or any other social media.

We may also receive information about you from other sources in compliance with applicable privacy laws, such as updated address information, financial and credit history information in connection with payment processing, or previous employment related information. This information may help us to improve our ability to service your needs such as ensuring the accurate delivery of mailed materials.

Location limitation of our offer of products or services

We do not purposefully offer products or services to anyone outside of North America. We do not have stores outside of the USA  for purposes of on-site shopping, and we do not ship our products outside of North America for purposes of online shopping. Further, to sign up for our e-mail list in one of our stores, unless you sign-up online, a Canadian or US phone number is required, and only individuals with a Canadian or US phone number can sign up for our e-mail list.  If you sign-up for our e-mail list from outside our Site, however, you will be asked to provide your email address, which could contain personally identifying identifiers so you will be asked to expressly consent to us collecting and using this information.

For purposes of EU users, we process information as both a Processor and Controller, depending on the circumstances, as those terms are defined in the Privacy Directive and the GDPR. We adhere to the Directive or 1995 and the GDPR from May 25, 2018 regarding the collection, use, and retention of Personal Information from EU member countries and Switzerland. The Company adheres to the requirements of notice, choice, onward transfer, security, data integrity, access, and enforcement as further set forth in this Privacy Policy.

Information about others

The information we collect might also include information you provide us about other people. For example, you may provide us with the name and address of a merchandise gift or gift card recipient. When you provide us with personal information about the intended recipient of a shipment, we use that information for the purposes of processing the shipment and, in some cases, to communicate with the intended recipient to provide information pertaining to the status of the shipment. We rely on you to obtain the intended recipient's consent to our use of the personal information for these limited purposes.

Cookies and other digital markers

When you visit or interact with us, we and our third party service providers may use technologies that automatically collect information about how you access, navigate and leave our Site. For example, we will collect information on what other website you came to before visiting the Site, what browser type and operating system you are using, the Internet protocol (IP) address you are accessing the Site from, the pages you are navigating through and what website you go to after visiting our Site. In general, we do not associate this type of information with personal information about you except in the case of an investigation into our website security.

Some of our Site and promotional communications use cookies, pixel files and other digital markers. A cookie is a small data file of information offered to your computer by web servers to keep track of your browser as you navigate our Site. Using this information, we learn how you interact with our Site, how we can improve the design and content of our Site, and how to improve your experiences. We do not use cookies to access personal files on your computer.

Our Site may use pixels files and cookies to manage our on-line advertising programs. Pixel files and cookies may keep track of your browser so that you will be recognized when you visit other website. We also use pixel files to determine when you have opened a promotional communication from us. These pixel files are generally valid for a limited number of days and are provided by our ad management providers. Our ad management providers use these pixel files and cookies to populate an advertisement for us when you visit certain other websites.

This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the Site analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States and elsewhere. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to Site activity and Internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however please note that if you do this you may not be able to use the full functionality of this Site.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject any cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

Most browsers allow you to change your cookie settings. The “Options” or “Preferences” menu of most browsers detail how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Your browser’s settings may also allow you to disable or delete similar technologies and data used by browser add-ons (such as Flash cookies), for instance by changing the add-on’s settings or clearing browser storage. Browser manufacturers provide help pages relating to cookie management in their products. Please see below for more information:

  • Google Chrome
  • Internet Explorer
  • Mozilla Firefox
  • Safari (Desktop)
  • Safari (Mobile)
  • Android Browser
  • Opera
  • Opera Mobile
  • Cloudflare

For other browsers, please consult the documentation that your browser manufacturer provides. If you only want to limit third party advertising cookies, you can turn off most of these cookies by visiting the following links (but be aware that not all of the companies listed on these sites drop cookies via our Services):

  • Your Online Choices
  • Network Advertising Initiative
  • Digital Advertising Alliance

You can also exercise your website cookie preferences by visiting the TRUSTe preference center by clicking this link: http://preferences-mgr.truste.com/

You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) directly on the NAI’s website http://optout.networkadvertising.org/?c=1#!/.

For Google Analytics, you can opt-out through Google Ads Settings, Ad Settings for mobile apps, or any other available means (e.g. the NAI’s consumer opt-out listed above). Google also provides a Google Analytics opt-out plug-in for the web.

Please note that even if you opt-out and limit cookies or these third party tracking technologies, they may still collect data and you may still see ads, but they will not be targeted based on information collected through these technologies.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of our Website.

How we respond to “DO NOT TRACK”

“Do Not Track” is an initiative to develop a signal for an Internet user to notify websites that he or she does not wish to be tracked by third parties. More information on the initiative is available here:  http://www.w3.org/2011/tracking-protection/. Do Not Track has not yet been standardized because the initiative has not yet come to a consensus on exactly how websites should respond to these types of signals. Like many other websites, LGB and its website(s) do not respond to Do Not Track signals.

 

How we use your personal information

Shopping

We use the personal information that we collect to provide you with an enjoyable and increasingly personalized shopping experience. We may use the information to:

  • process and fulfill your order and complete your transaction, when you make a purchase;
  • provide you with important product information;
  • deliver merchandise that you purchase online;
  • register you online for email advertisements and other information;
  • facilitate payment for your purchases;
  • confirm your orders and delivery information;
  • respond to your customer service inquiries or requests;
  • determine your preferences and interests to improve the quality of our services;
  • provide you with information about special offers, events and contests;
  • provide you with advance notice of new arrivals, promotions and store openings;
  • process any product returns;
  • help us identify and address any problems with our Site or services;
  • protect the security and integrity of our Site, our stores and our business;
  • fulfil the purpose for which you provided it;
  • enable us to address our risk management and related purposes; and
  • fulfill other purposes for which we have obtained your consent.

We will also use the information we collect from you to improve the quality of our services in-store and on-line and to enhance the quality of the experience that you have when visiting us in our stores and on-line.

Newsletter and Promotional Material

If you decide to subscribe to our newsletter or for SMS communications, we will use your personal information to send you certain correspondence, whether electronically or via direct mail, including but not limited to surveys, promotional information and offers, upcoming in-store or online sales, product information and contests.

We also may use your date of birth and postal/zip code for promotional purposes. For example, we may send you special offers on or around your birthday or information about a new store opening in your area. In addition, we may use your IP address to determine your geographical location, in order to customize the promotional material we may send to you from time to time.

Contests

When you provide us with personal information in connection with a contest, we will use that information in connection with the administration of contests and other purposes disclosed in the contest entry rules. We may disclose your personal information to third party contest administrators or other sponsors of those contests, as well as applicable regulators, if required. Each contest has its own separate terms and conditions relating to the collection, use, storage and disclosure of your personal information, so please read those terms and conditions carefully when entering any contest that we may run.

Our Service Providers and Government

Certain business services are performed on our behalf and at our request by other companies. We may securely share your information with such other companies that perform services for us, such as hosting, data and promotional service providers and printing companies. To perform these services, these companies may, at times, utilize some of the personal information you have provided to us, and such use shall be governed by the terms and conditions of this Privacy Policy and the contracts we have in place with those entities. Your personal information is used solely for the purposes we have requested of these third party companies, such as maintaining our database, administering and monitoring e-mails, displaying offers and contest administration.

We may also share your personal information with governmental agencies or other entities, including credit reporting agencies, assisting us in fraud prevention or investigation or where we are required or permitted to do so by law or contract. We may do so when trying to protect against or prevent actual or potential fraud or unauthorized transactions, or investigating fraud that has already taken place. In addition, we may disclose your personal information to third parties who you have authorized to obtain that information. For example, when you make a purchase by credit card, we will forward certain information to your credit card provider in the course of processing that transaction.

Sharing within our Organization or a Potential Purchaser

If you have consented to receive promotional materials, we may send you information about our related and affiliated brands, and their products and services. We may share your personal information with related and affiliated companies in accordance with the terms of your consent.

Information we collect from you may be shared between all points of contact with us if it is necessary to share that information for the purpose for which we collected it. Those points of contact include employees in our stores, customer service representatives and individuals involved in online and other purchase fulfillment.

In the event that our business is sold to or merges with another company, we may disclose your personal information to the purchaser or the new company.

Cross-Border Transfers of Your Information

Your personal information will be stored and processed on computers located in Canada and the United States of America maintained by our third-party service providers, though some of our vendors who process data may also store data as they see fit. By using our Site to purchase our products or services, you consent to any transfers of your personal information that we believe are integral in our sole and absolute direction to the delivery of our services and/or to delivery our products. To the extent your personal information is transferred from Canada to the United States (or to any country without an adequate decision by the EU Supervisory Authority) from us to another organization, you will be provided advance notice about the type of disclosure to be made. Additionally, we will only transfer your personal information across borders where we are satisfied that (i) the applicable foreign service provider has policies and processes in place to ensure that your personal information in its care will be properly safeguarded at all times, (ii) the foreign service provider has agreed to provide your personal information with a comparable level of protection, and (iii) we maintain the right to audit and inspect how the foreign service provider handles and stores your personal information.

How we protect and store your personal information

Your personal information will be kept confidential. It is stored and processed on computers located in Canada and the United States of America maintained by our third-party service providers, though some of our vendors who process data may also store data as they see fit. Your personal information will be subject to the laws of those jurisdictions, including laws that allow for law enforcement access. These laws may be different from the laws of the jurisdiction in which you reside. We use administrative, procedural and technical safeguards to protect your information against loss or theft as well as against unauthorized access or disclosure in order to protect your privacy. These protections include firewalls and encryption.

We use Secure Sockets Layer (SSL) technology to protect the security of your credit card information as it is transmitted to us. SSL is the industry standard for secure online commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including your credit card number, name and address.

While we use reasonable efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit using the Internet, third party digital networks, websites, mobile devices, the Site or any social media platform.

We cannot be responsible for Internet fraud or theft. Please keep this in mind when providing information through the Site.

In the event of a breach of our security safeguards, we undertake to comply with all applicable laws regarding record-keeping, reporting breaches to applicable governmental authorities and notifying you.

 

EU USERS ONLY: Access to Your Information and Exercising Data Subject Rights

For purposes of EU users, you have the right to request access your Personal Information. Upon request, and within 30 calendar days, we will provide you with information about whether we hold, or process on behalf of a third party, any of your information; the categories of information concerned; the recipients or categories of recipients to whom information has been or will be disclosed (in particular recipients in third countries or international organizations); and  where possible, the envisaged period for which the information will be stored, or, if not possible, the criteria used to determine that period. In addition, we will take reasonable steps to permit customers/users to correct, amend, or delete their personal information. To request this access, please contact as using the information set out below.

We may retain your information for as long as needed to provide you with our services, to comply with our contractual or other legal obligations, pursuant to applicable data retention and destruction laws, to resolve disputes, and/or to enforce our agreements.

If you believe that the information we have about you is incorrect, you are welcome to contact us so we can update it and keep your data accurate. Any data that is no longer needed for the purposes specified in the Information relevant “What personal information do we collect” provision above, will be deleted. If any point you wish for us to delete information about you, you can simply contact us.

You also have the right to request rectification or erasure of your information or restrictions on processing of information concerning you or you may object to such processing.        

You have the right to obtain without undue delay the rectification of inaccurate information. Taking into account the purposes of the processing, you have the right to have incomplete personal information completed, including by means of providing supplementary information by way of statement or otherwise.

To exercise any of your data subject rights, including, but not necessarily limited to your right of access, rectification, transfer, portability, restrict processing, erasure or right to object to processing, contact us using the information set-out below.

How long do we retain your Personal Information?

We retain your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. Your consent to such purposes(s) remains valid after any termination of our relationship with you, subject to the following sentence. You may withdraw your consent to the collection, use and/or disclosure of your personal information (or any part thereof) at any time by contacting us and providing us with reasonable notice of your request, unless withdrawal is restricted by applicable laws or by some other contractual arrangement. If you choose to do so, we will explain the consequences, if any, of withdrawing your consent, including how such withdrawal may impact your interaction with our Site and any other services we provide.

When you make a purchase online through our Site, we will not retain your credit card information after the purchase has been authorized by the appropriate financial institution. We retain the authorization number provided at the time of authorization in order to deal with credit which might be requested in the event that the purchased item is returned.

If you visit a store that is monitored by video security, we may temporarily capture your image for security purposes. Security recordings are only reviewed in the event of an incident and are overwritten after a reasonable period of time.

Data Security

We have implemented reasonably and appropriate security measures designed to secure your information and protect it from accidental loss, misuse, unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Please be aware that you are sending information (including personal information) to Canada and/or the United States where our servers are located. That information may then be transferred within Canada and/or the United States and/or to other countries outside your country of residence, depending on the type of information and how it is stored. Additionally, we wish to inform you that when personal information is processed in a foreign country, it may be accessible to such foreign jurisdiction’s law enforcement and national security authorities. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Information will at all times continue to be governed by this Privacy Policy.

Children and this Site

We will not knowingly collect or retain any personal information of visitors to our Site who are under the age of 13, unless we obtain parental or legal guardian consent. We do not use an application or other mechanism to determine the age of users of the Site. If you are under 13, do not use or provide any information on this Site or on or through any of its features. All information provided to us will be treated as if it was provided by an adult. If we learn we have collected or received personal information from an individual under the age of 13 without verification of parental consent, we will use commercially reasonable efforts to delete that information associated with a minor as soon as practicable. If you believe we might have any information from or about a child under 13, please contact us at the contact information below.

Exercising your options about receiving promotional communications

We want to communicate with you only if you want to hear from us. If you do not want to receive communication or promotional information you can:

E-mail us at: cs@lgbnj.com Write to us at 701 Ocean Terrace Seaside Heights, NJ 08751  Attention: Privacy Officer.

Use the UNSUBSCRIBE link found in every electronic message you receive.

Your California Privacy Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal Information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address 701 Ocean Terrace Seaside Heights, NJ 08751. We will respond to one request per California customer each year, and we do not respond to requests made by means other than as set forth above.

California Do Not Track Disclosure: Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Web browser “do not track” settings or signals. We deploy cookies and other technologies on our Service to collect information about you and your browsing activity, even if you have turned on the Do Not Track signal.

Our links to other websites

Our Site may offer links to other websites. Other websites have their own terms of use and privacy and security policies. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM AND EXPRESSLY DISCLAIM ANY LIABILITY ASSOCIATED WITH HOW SUCH THIRD PARTIES COLLECT, STORE, USE OR DISCLOSE YOUR PERSONAL INFORMATION. If you choose to visit one of these websites, you should review the privacy policies that govern those particular websites.

In addition, our Site may include content (including through social media platforms or applications) that is streamed by our Site but hosted or made available by third parties. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM AND EXPRESSLY DISCLAIM ANY LIABILITY ASSOCIATED WITH HOW SUCH THIRD PARTIES COLLECT, STORE, USE OR DISCLOSE YOUR PERSONAL INFORMATION. If you choose to view such streamed content, you should review the privacy policies that govern such content.

Contacting Us

If you (i) would like additional information or have questions about our Privacy Policy or personal information management practices, (ii) want to access the personal information that we have collected about you, (iii) do not want to receive promotional material from us, (iv) wish to update, add to, delete or correct any of your personal information, please contact our privacy officer by email or by mail at the address above.

For further questions and concerns, please contact our Privacy Officer.

CANADA USERS ONLY: Formal Privacy Complaints

For purposes of Canadian users, if you believe that we have mishandled your personal information, please contact us and we will do our best to address your concerns. If you feel we are not able to do so, you are entitled to contact the Office of the Privacy Commissioner of Canada and file a formal privacy complaint here.

Changes to Our Privacy Policy

We may change or add to this Policy, so we encourage you to review it periodically and to check for updates whenever you visit the Site.

 

Other Policies

  

Social Media and User-Generated Content Policy

This Social Media and User-Generated Content Policy (the “Policy”) applies to and governs your conduct associated with various free Social Media Channels hosted by LET'S GO BRANDON, LLC (“LGB”, the “Company”, “we”, “our”, or “us”) and any future affiliated companies and brands) (collectively, “Affiliates”). By contributing User-Generated Content to or otherwise participating in the Social Media Channels (defined below), you agree to abide by the terms and conditions of this Policy.

We may change or add to this Policy, so we encourage you to review it periodically and to check for updates when you participate in our Social Media Channels.

What are Social Media Channels?

“Social Media Channels” include all websites, online and mobile technologies, apps, services and tools which allow users to interact with each other by sharing endorsements, information, opinions and interests, including but not limited to blogs, micro-blogs, social bookmarking services, user rating services, podcasts, wikis, message boards, social networking websites such as Facebook and Twitter (including the LGB Facebook Page), Youtube, Flickr, Tumblr, Pinterest, Instagram, Vimeo, product review applications referenced on, connected to or associated with our website (www.lgbnj.com), and any and all other online or mobile collaboration, sharing or publishing platforms, whether accessed through the web, a mobile device, text messaging, e-mail or any other existing or emerging communications platform, and including any and all digital medium communications in social environments.

This Policy applies to Social Media Channels that are hosted by LGB, such as the LGB blog, or externally hosted by third party providers, such as Facebook. For information on how we may collect and/or use your personal information, please see our Privacy Policy. Our Pages are in no way sponsored or endorsed by the Social Media Channels themselves. This Policy does not cover the privacy and security practices of any Social Media Channel. Please review each respective Social Media Channel’s privacy policy and terms of service if you have questions about such Social Media Channel’s terms of use and privacy or security practices.

Does this Policy Apply to You?

If you are a “fan,” “follower” of or otherwise voluntarily engage with Let's Go Brandon, LLC (LGB), (Company) or any of our Affiliates by emailing, posting, uploading or otherwise submitting photographs, graphics, videos, messages, comments or other material (collectively referred to herein as “Post(s)”) on any of LGB and/or our Affiliates’ Social Media Channels, or making any personal statement through a Post or otherwise in any media/medium which endorses our and/or our Affiliates’ products or services (“Endorsement”), this Policy applies to you. If you do not comply with this Policy at any time, we reserve the right to restrict your use of or access as LGBNJ.com and/or our Affiliates’ Social Media Channels at our sole discretion without prior notice, in addition to any other legal or contractual remedies that may be available. For the purpose of this Policy, anyone who engages in any manner with any of our and/or our Affiliates’ Social Media Channels is a “User”.

What is User-Generated Content?

“User-Generated Content” means any and all content generated by you through your participation in or contribution to Social Media Channels, including but not limited to Posts, blog posts, comments, status updates, “likes”, text messages, email posts, Twitter blasts, ”tweets”, “retweets”, images, audio recordings, video recordings, using or commenting with one of our promoted hashtags, tagging “LGB” “Lets Go Brandon” or one of our Affiliates, or any other information made available by you through a Social Media Channel.

This Policy applies to all User-Generated Content, regardless of whether the content is made available through externally or internally hosted Social Media Channels.

Rules of Conduct

LGB views Social Medial Channels positively, and encourages you to use Social Media Channels to review our products and services, discuss fashion and clothing ideas, trends and reviews and discuss issues, trends and topics related to the fashion industry, among other things. Social Media Channels are a key way in which people, and specifically members of the LGB community, interact and share ideas with others. We love to see photos and video that you have created, showing you in your favorite LGB fashions and accessories.

LGB respects your freedom of self-expression and ownership of and responsibility for your User-Generated Content. When you participate in the Social Media Channels and/or post User-Generated Content, please be polite, kind and respectful to others. Please also be careful of what you post, and moderate your content. You are responsible for your User-Generated Content, and you may be sued by others if you post content that: (i) is known by you to be false, misleading or inaccurate; (ii) leads others to believe you are someone else or representing an organization that you do not represent; (iii) infringes any third party intellectual property or proprietary rights, or rights of publicity or privacy; (iv) violates any law, statute, ordinance or regulation; (v) is, or may be considered to be, vulgar, indecent, obscene, untrue, defamatory, libelous, hateful, biased or offensive, racist, threatening or harassing; (vi) includes personal information (without the individual’s permission) or plagiarized material; or (vii) contains malware, viruses or worms or other malicious code, or causes pop-ups.

We strongly encourage you NOT to disclose any of your personal information through the Social Media Channels.

When participating in the Social Media Channels and/or posting a Post or other User-Generated Content, please keep in mind the following:

  • Personal Attacks: Personal attacks will not be tolerated. Do not disrespect, bully, insult or attack others. When challenging an opinion or view, please do so respectfully. Do not threaten, target or abuse others through your User-Generated Content.
  • Discrimination: Discrimination or prejudice of any kind, whether based upon race, disability, color, religion, creed, sex, sexual orientation, national origin, age, or veteran status is prohibited.
  • Libelous Statements: Libel is a statement or comment about a person or organization that cannot be proven to be true and may be considered damaging to their reputation, integrity and/or interests. Libelous statements are prohibited.
  • Violence: Any User-Generated Content inciting or directly referring to violence, past violence or the threat of violence, including content that encourages others to be violent against other people or groups, is prohibited.
  • Hatred: Constructive debate is allowed and encouraged, but comments or content intended to bully or incite hatred towards anyone, including any content promoting hatred or violence towards individuals or groups in a discriminatory manner as set forth above, is prohibited.
  • Pornographic Material/Adult Content: Material that is pornographic in the sole discretion of LGB and/or references to it is prohibited. We do not allow content that in any way suggest, promotes, refers to or encourages sexual attraction towards or exploitation of children. In addition, please do not post images or videos containing nudity or sexual activity.
  • Spam: Please do not post spam, such as garbled or nonsense sentences or duplication of words and numbers. In addition, please not use our Social Media Channels to drive traffic to your site or to move it up in search listings, post User-Generated Content through the Social Media Channels simply to promote your site or product, or use existing User-Generated Content from other sources for the primary purpose of generating revenue or other personal gain. You cannot use our Social Media Channels in connection with pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise). You cannot use our Social Media Channels to conduct a survey or a contest. Posting under multiple nicknames is not allowed.
  • References to Upsetting/Distressing Subjects: Please do not use the Social Media Channels to refer to subjects (such as drug use, sexual acts, war, religion or political beliefs) in a manner that others may find to be upsetting or distressing, including content that is crude, vulgar, shocking or graphic.
  • Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity, including drugs, prostitution, fraud, stalking, extortion, and terrorism, among others, is prohibited.
  • Unauthorized Content: The content you submit to the Social Media Channels may not contain any trademarked or copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the owner of such material or you are otherwise authorized to use the material and to grant LGB or our Affiliate, as relevant, all relevant licenses and permissions to use the materials as contemplated herein.

Though LGB may make exceptions at its sole discretion based on documentary, artistic, educational, scientific or other grounds, LGB reserves the right to immediately remove any User-Generated Content that offends any of the above prohibitions or any applicable law at its sole discretion and take any other action it deems appropriate in respect of such offending User-Generated Content, as more specifically set forth below. LGB makes no representation or warranty with respect to its efforts to monitoring of User-Generated Content and assumes no liability in respect of such content, as more specifically set out in our Disclaimer below. LGB does not guarantee the accuracy, non-offensiveness, reliability or completeness of such User-Generated Content.

Social Plug-Ins

LGB has installed social media plug-in protocols, such as Facebook’s “Like” button, which allow you to share your likes and interests in LGB products, services, and promotions with your friends and contacts. When you click on a social media plug-in protocol link, such as the Like button, a link to the Site may appear in the “Likes and Interests” section of your Facebook or other social media website profile. Your friends and contacts will be able to see the link and be led back to the Site if they share your likes and interests or if they are interested in learning more about our products, services, and promotions. We may also contact you, and those of your friends and contacts who chose to become members of LGB’s social media website webpages, with news about LGB so you and your friends and contacts can learn about LGB’s products, services and promotions. You understand that information about your likes and interests may be shared with your friends and contacts and the broader social-media website community.

Blogs

LGB may offer blogs from time to time, in accordance with the terms and conditions of this Policy.

If you encounter one of our blogs that you believe violates this Policy, please report it to us by contacting us at: CS@LGBNJ.com

We will then review the blog for violations of the Policy. If the blog does not violate this Policy, we will not take any action. If we are of the view that a blog does violate this Policy, we may take any action in our sole discretion, including but not limited to one or more of the following actions, based on the severity of the violation:

  • Delete the blog
  • Disable the author’s access to his/her blog account
  • Report the user to law enforcement

Your Representations and Warranties

By submitting Posts and/or User-Generated Content to the Social Media Channels, you represent and warrant that:

Your User-General Content is your original creation for which you own and/or control all rights;

you are the sole author and owner of the intellectual property rights in such content and such User-Generated Content does not contain any third-party trademarked or copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of such material or you are otherwise legally entitled to post the material and to grant LGB all relevant licenses and permissions to use the material as contemplated herein, and that your User-Generated Content does not violate any applicable laws or regulations, or infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; your User-Generated Content does not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use; all “moral rights” that you may have in such content have been voluntarily waived by you in favor of LGB and its Affiliates; all such User-Generated Content is accurate; you are not misrepresenting your identity in any way; you are at least 13 years old; if you are under the age of consent that you have your parent or guardian’s permission to interact with our Social Media Channels; you have obtained the express permission of each identifiable person appearing in your User-Generated Content to be included and displayed in the  User-Generated Content as provided herein; a public use of the User-Generated Content does not violate the terms and conditions of this Policy; none of your User-Generated Content, whether to your knowledge or otherwise, contains any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity; and you have the full power and authority to grant the rights contemplated herein.

Endorsements

LGB and our Affiliates are committed to complying with all applicable laws and regulations requiring clear and accurate advertising messages, endorsements and testimonials when communicating with the public, including the disclosure of all material connections between a marketing promotion using any page or Social Media Channel and a User’s participation in that promotion (“Endorsement”). This Policy is intended to provide guidelines essential to ensuring compliance with those laws and regulations. Therefore, this Policy applies to all LGB and our Affiliates’ employees, independent contractors, agents (including anyone speaking, writing, blogging, posting on any Social Media Channel, or otherwise generally endorsing LGB or our Affiliates’ products or services), and any other individual or entity engaged in promotional endorsement activities on behalf of LGB or our Affiliates, whether they are engaged by LGB or our Affiliates directly or through an agency, representative of an agency, subsidiary or franchise (collectively referred to herein as “Endorsers”). This Policy applies irrespective of the forum in which the Endorsement or testimonial is being made, written or verbal, including, but not limited to, television commercials, print advertisements, websites, blogs, mobile applications, Social Media Channels in general or any other form of media which may be used to advertise.

Endorsers are responsible for their opinions, comments and content made in Posts or other User-Generated Content and may be held personally liable for any commentary deemed to be defamatory, libelous, obscene, or an infringement on the proprietary rights of LGB, our Affiliates, or any third party; therefore Endorsers should be mindful of this potential liability when disseminating opinions, comments and content through Posts or other User-Generated Content. In addition, Endorsers should at all times be aware that Posts or User-Generated Content may remain public or may be archived so that such Posts or User-Generated Content may be stored and retrievable, indefinitely.

With respect to statements or other claims made in advertising messages or promotional communications about LGB, our Affiliates’ and/or our products or services, Endorsers must adhere to the following general standards and disclosure requirements:

General Standards

Endorsers may only make statements that reflect their honest opinions, finding, beliefs or experiences. Endorsers may not make statements about experiences with a product not personally used, examined or evaluated.

Endorsements by organizations must reflect the collective judgment of the organization.

Endorsers may not make deceptive, misleading or untruthful claims about LGB, our Affiliates or our products or services.

Endorsers may not make any claims about our products or services or the services or products of our Affiliates that are not substantiated.

Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property or privacy and publicity rights of others.

Endorsers may not use any intellectual property of LGB or our Affiliates in their Endorsement without the prior written consent of LGB or our Affiliates at issue in each instance, and such use must be in accordance with the specific guidelines provided by us.

Endorsers may not make any comments, Posts or User-Generated Content that in any way promotes unsafe or dangerous activities.

Endorsers may not make any comments, Posts or User-Generated Content that violate local, state, provincial or federal law.

Endorsers that are also employees of LGB or any one of our Affiliates must adhere to all employee guidelines found in the employee handbook.

Endorsers may have access to or directly or indirectly be exposed to information of a proprietary and confidential nature about LGB or its Affiliates (including without limitation its business operations and activities, strategic plans and financial information). Endorsers shall keep confidential and not disclose any such information.

To the extent applicable and/or required pursuant to applicable laws and regulations, Endorsers must clearly disclose, in each post, that they were paid or otherwise compensated to feature the product or brand. This is more particularly described under the section ‘Disclosure Requirements’ directly below.

Disclosure Requirements

Endorsers must clearly and conspicuously disclose any “material connections” to LGB or Affiliates in all advertising, promotional and Endorsement related communications concerning LGB, our Affiliates and/or our products or services.

- A “material connection” is a connection that is not reasonably expected by the audience or not readily apparent from the context of the communication that may affect the weight or credibility a reasonable consumer would give to the communications or messages made by the Endorser.

- Such connections may be found in the form of:

o   Receiving consideration (i.e. monetary compensation, including fees or commissions; gift cards; event access; prizes; free or discounted products or services) provided by LGB or an Affiliate (or any of its agents acting on its behalf) to the Endorser;

o   A relationship between LGB or an Affiliate and the Endorser (such as employment or contractual relationships); or

o   Potential consideration gained through a promotion, contest, or sweepstakes for which participation is conditioned upon an Endorsement.  

- Some examples of adequate material connection disclosures may be as follows:

o   I received [product] from LGB as a gift;

o   [Thanks to][Courtesy of] LGB , I was given [product];

o   LGB sent me [product] to try;

o   This post is a paid advertisement for LGB;

o   I am an employee of LGB; or

o   Tagging an Endorsement on any Social Media Channel with a clear and widely accepted hashtag that discloses the material connection of the Endorsement to LGB or a specific promotion or contest; possible acceptable examples may include #Ad, #LGBContest, #LGBPartner, #sponsored, etc.

- The above are only examples of disclosures which may be adequate. Variations of those examples may also be adequate depending on the context. The key is to disclose that there is a relationship between LGB and the Endorser which a reasonable consumer reading the Endorsement may not have realized (e.g. an employment relationship, a paid advertiser relationship, or related to a promotion or contest advertised by LGB).

- Disclosures need to be made in an upfront (particularly in the case of videos), clear and conspicuous manner. This generally means the disclosure should occur in close proximity to where the Endorsement was made and in a similar size, font and color. Additionally, disclosures should be made in the language of the Endorsement, should be written in unambiguous language, and should be specific about the brand, product and what was provided.

- Endorsers who post their own opinions, comments, content or recommendations about LGB, any of its Affiliates, and/or its products or services, must disclose that their views do not necessarily represent those of LGB.

Intellectual Property

Except where prohibited by law, your making available the User-Generated Content or otherwise contributing to or participating in the Social Media Channels, including the voluntary posting by you of photographs, videos, comments, or other material on any of the Social Media Channels constitutes your consent and grant to LGB and its Affiliates of a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and permission, but not the obligation, to: (1) use, copy, utilize, perform, republic, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, reproduce, prepare derivative works of (or incorporate into other works), and otherwise exploit the User-Generated Content in any and all manner and media throughout the world and in perpetuity for promotional purposes and other uses deemed by LGB in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives; (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of your Post to the extent you include such information in your Post . You understand that any such media may be edited in the sole discretion of LGB. You understand and agree that you will not have any right to inspect or approve of our use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated by us for the use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.

The rights to our information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than us. Additionally, certain content displayed and contained within our Social Media Channels is the original authorship of us and is owned exclusively by us. By being a User of or Posting on any of our or our Affiliates’ Social Media Channels, you acknowledge that you may not modify, publish, transmit, display, copy, participate in the transfer or sale, create derivative works, or in any way exploit any of the content found, whether owned by us, our Affiliates, or a third party, other than as provided herein.

The information and content displayed and contained within the Social Media Channels (other than the User-Generated Content) is protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by LGB, its Affiliates or third parties who provide such Social Media Channels. By participating in and contributing to the Social Media Channels, you agree that you shall not adapt, distribute, store in a retrieval system, modify, convert, publish, transmit, display, copy, reproduce, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained within the Social Media Channels, whether owned by LGB or a third party.

You may request removal of any of your User-Generated Content by sending a removal request email to CS@LGBNJ.com. Your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted. Neither we nor any of our Affiliates is required to remove any User-Generated Content.

Let's Go Brandon, LLC (LGB) and its brands, trademarks and design marks (collectively, the “LGB Marks”), are trademarks or registered trademarks of Let's Go Brandon, LLC (Sales) and/or its Affiliates, and the property thereof. All other product, brand and company names and logos used, displayed or referenced within the Social Media Channels may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks, including the LGB Marks, appearing in the Social Media Channels without the express written consent of the owner of the trademark is strictly prohibited.

Copyright

We respect the intellectual property rights of others and expect our Users to do the same. If you believe that your copyrighted work has been copied in any way that constitutes infringement you may notify us at cs@lgbnj.com. Please make sure to include the following information with your request or we will be unable to respond to it: identification of the material that is claimed to be infringing and information reasonably sufficient to permit us or our Affiliates to locate the material including a link to or URL for the material; identification of the copyrighted work or a representative list of the works claimed to have been infringed; an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; your name, address, telephone number, and email address, so that we may contact you if necessary; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Indemnity, Liability and Disclaimer

You agree to indemnify and hold LGB (including its officers, directors, agents, Affiliates, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and unknown, including reasonable legal fees (collectively, “Claims”), arising out of or in connection with a breach of your representations and warranties set forth herein, or your violation of any law or the rights of any third party arising from your participation in or contribution of User-Generated Content to any Social Media Channels.

EXCEPT WHERE PROHIBITED BY LAW, THE INFORMATION ON THE SOCIAL MEDIA CHANNELS IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. LGB SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE CONTENT OF THE SOCIAL MEDIA CHANNELS (INCLUDING ANY INFORMATION, IMAGES, PHOTOS, VIDEO, MATERIAL OR DOWNLOADABLE CONTENT ACCESSED FROM OR THROUGH THE SOCIAL MEDIA CHANNELS) WILL BE ACCURATE, UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT VIRUSES OR ERRORS WILL BE CORRECTED, OR THAT THE SOCIAL MEDIA CHANNELS OR SERVER UPON WHICH THEY RESIDE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE SOCIAL MEDIA CHANNELS IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL LGB, ITS AFFILIATES OR BRANDS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SOCIAL MEDIA CHANNELS; THE MATERIALS OR CONTENT ON THE SOCIAL MEDIA CHANNELS, INCLUDING THE USER-GENERATED CONTENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY; A DELAY OR INABILITY TO USE THE SOCIAL MEDIA CHANNELS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER-GENERATED CONTENT OR OTHERWISE ARISING IN CONNECTION WITH THE SOCIAL MEDIA CHANNELS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

If for any reason the Social Media Channels hosted by us are not operating as intended, as a result of infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Social Media Channels, we reserve the right, at our sole discretion, to cancel, terminate, modify or suspend any such Social Media Channels or any user’s access to same. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User-Generated Content.

Any attempt by any person to deliberately undermine the legitimate operation of our Social Media Channels may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person in respect of any such civil law violations to the fullest extent permitted by law. Our failure to enforce any term of this Policy shall not constitute a waiver of this provision.

Termination of Relationship

LGB reserves the right to terminate its online relationship with you, should you fail to comply with this Policy or if you are interfering or tampering with the Social Media Channels. LGB may also suspend your online account with us (if applicable) or restrict your use of or access to our internally hosted Social Media Channels, or request the same from externally hosted Social Media Channels, all without prior notice to you.

Externally Hosted Social Media Channels

Social Media Channels that are externally hosted or operated by third parties may have separate terms of use and policies governing your User-Generated Content. We have no control over these Social Media Channels, the use of your User-Generated Content or your personal information, and are not responsible for the conduct or omissions of these Social Media Channels hosted or operated by third parties. Please make sure you review any such terms and policies when you supply content to or participate in such Social Media Channels. In addition, our internally hosted Social Media Channels may include content (including through social media platforms or applications) that is streamed by our Social Media Channels but hosted or made available by third parties, such as Youtube. LGB is not responsible for ANY DAMAGES ARISING FROM AND EXPRESSLY DISCLAIMS ANY LIABILITY ASSOCIATED WITH YOUR PARTICIPATION IN SUCH EXTERNALLY HOSTED SOCIAL MEDIA CHANNELS OR YOUR MAKING AVAILABLE USER-GENERATED CONTENT THROUGH SUCH SOCIAL MEDIA CHANNELS.

 

By consenting to LGBNJ’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

 

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

 

For any questions, please text HELP to the number you received the messages from. You can also contact us at https://lgbnj.com/pages/contact for more information.

 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

Your right to privacy is important to us. You can see our Privacy Policy https://lgbnj.com/policies/privacy-policy to determine how we collect and use your personal information.

 

If you would like additional information or have questions about this Policy, please contact us at: CS@LGBNJ.com