WELCOME TO NEW YORK CULTURE CLUB

Effective as of September 8, 2023

Introduction

New York Culture Club, LLC and its affiliates, subsidiaries, divisions and companies (collectively "NYCC", "we", “our” or "us") respect your privacy and are committed to protecting it.

This Privacy Policy will help you better understand how we collect, use, and share your personal information. It describes our privacy practices in connection with the NYCC website, and any other website or mobile application that we own or control and which posts or links to this Privacy Policy (collectively, the “Services”), and the rights and choices available to individuals with respect to their information.

Please also see our Terms of Use, which govern your access to and use of our Services. By accessing or using our Services, you agree to this Privacy Policy.

This Notice does not apply to the content that our Users submit to the Services (“Customer Content”). In circumstances where our customer has collected your personal information and has included your personal information in the Customer Content, that customer is responsible for the collection and use of your data, and that customer’s privacy policy will apply to the customer’s collection and use of such Customer Content.

We may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information. These supplemental privacy policies will govern how we may process the information in the context of the specific product or service.

Information we may collect about you and how we collect information about you

Information you provide to us

Personal information you provide to us through the Services or otherwise may include:

Business and personal contact information, such as your first and last name, email and mailing addresses, phone number, professional title and company name.
Content you choose to transmit to the Services, such as data, text, images, audio, and video, along with the metadata associated with the files you transmit.
Registration information, such as information that may be related to a service, an account or an event you register for.

Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
Transaction information, such as information about payments to and from you and other details of products or services you have purchased from us.
Usage information, such as information about how you use the Services and interact with us, including information associated with any content you upload to the websites or otherwise submit to us, and information you provide when you use any interactive features of the Services.
Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications
Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information we obtain from social media platforms

We may maintain pages for our Company on social media platforms, such as Facebook, LinkedIn, Twitter, Google, YouTube, Instagram, and other third party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.

Information we obtain from other Third Parties

We may receive personal information about you from third-party sources. For example, a business partner may share your contact information with us if you have expressed interest in learning specifically about our products or services, or the types of products or services we offer. We may obtain your personal information from other third parties, such as marketing partners, publicly-available sources and data providers.

Cookies and other information collected by automated means

We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Services, including but not limited to:

your computer or mobile device operating system type and version number, manufacturer and model, device identifier, browser type, screen resolution, and IP address
the website you visited before browsing to our website
general location information such as city, state or geographic area
information about your use of and actions on the Services, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access; and
other personal information.

Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications. On our webpages, this information is collected using cookies, browser web storage (also known as locally stored objects, or “LSOs”), web beacons, and similar technologies, and our emails may also contain web beacons. Please review our Cookies Policy for more information on how we use cookies and other information collected by automated means.

Uses made of your personal information

We and our authorized third-party service providers may use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

To operate the Services. We may use your personal information to:

provide, operate and improve the Services
provide information about our products and services, including notice of changes to the products and services
Process, ship and deliver your product orders
establish and maintain your user profile on the Services
enable security features of the Services, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in
communicate with you about the Services, including by sending you announcements, updates, security alerts, and support and administrative messages
communicate with you about events or contests in which you participate
understand your needs and interests, and personalize your experience with the Services and our communications
provide support and maintenance for the Services
respond to your requests, questions and feedback

To send you marketing and promotional communications. We may send you NYCC-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the Opt out of marketing section below.

To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) verify your identify and creditworthiness; (c) enforce the terms and conditions that govern the Service; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

To fulfill any other purpose for which you provide it.

We may aggregate and/or anonymize your personal information so that it can no longer be used to identify you. Aggregated or anonymized information is not considered personal information. We may collect, use and share aggregated or anonymized information for any purpose in accordance with applicable law.

Third Parties

We do not share or sell your personal information with third parties without your consent, except in the following circumstances or as described elsewhere in this Privacy Policy or as required by law:

Affiliates. We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate the Services (such as customer support, processing of your purchases, detection and prevention of fraud and abuse, hosting, analytics, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Third-party platforms and social media networks. If you have enabled features or functionality that connect the Services to a third-party platform or social media network (such as by logging in to the Services using your account with the third-party, providing your API key or similar access token for the Services to a third-party, or otherwise linking your account with the Services to a third-party’s services), we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information.

Other users. If you are participating in our incentive program, your User Name may be visible to other users participating in the program. You will be given the option to change your Username or appear as anonymous.

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

The Services may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites, mobile applications and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Consent

We will obtain your consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without your consent).

Consent can be provided orally, in writing, or electronically, or it can be implied where the purpose for collecting, using or disclosing the personal information would be considered obvious and you voluntarily provide personal information for that purpose. For instance, when you provide us with personal information to complete a transaction, verify your credit card, place an order, and/or arrange for a delivery, we infer that you consent to our collecting it and using it for that specific reason only.

We may collect, use or disclose personal information without your knowledge or consent in certain limited circumstances, including:

When the collection, use or disclosure of personal information is permitted or required by law;
In an emergency that threatens your life, health, or personal security;
When the personal information is available from a public source (e.g., a telephone directory);
When we require legal advice from a lawyer;
For the purposes of collecting a debt or to protect ourselves from fraud;
To investigate an anticipated breach of an agreement or a contravention of law;
If our company is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Children

As a general rule, children are not allowed to use the Service, and we do not collect personal information from them. We define "children" as anyone under 13 years old. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it. We encourage parents with concerns to contact us.

If you are under the age of 18 but at least 13 years of age, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use and this Privacy Policy.

Security

The security of your personal information is important to us. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

Your browser session will enter a secure encrypted protocol once you enter our Websites. You can confirm that SSL is active by checking for either a closed lock or an unbroken key in your browser (location of the lock or key varies between browsers). Additionally, the URL line of your browser will change from "http" to "https" when the SSL technology is operating.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share a password with anyone.

Although we endeavor to protect your information, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Services.

Retention Policy

We will retain your personal information for as long as is necessary for the purpose(s) for which they were collected and any other permitted linked purpose (for example certain transaction details and correspondence may be retained until the time limit for claims in respect of the transaction has expired or in order to comply with regulatory requirements regarding the retention of such data).

We restrict access to your personal information to those persons who need to use it for the relevant purpose(s).

International data transfers

We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.

If you are accessing our Services from the European Union or other regions with laws governing data collection and use that may differ from the U.S. and Canada, then please note that you are transferring your personal data to the United States and/or Canada and by providing your personal data you consent to that transfer.

Your information choices

In this section, we describe the rights and choices available to all users.

Access or Update Your Information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.

Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at admin@NYCultureClub.com.

You may continue to receive service-related and other non-marketing emails.

Cookies & Browser Web Storage. We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Services and third party websites. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Services may not work properly. Similarly, your browser settings may allow you to clear your browser web storage.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” (“DNT”) signals to the online services that you visit. We currently do not respond to DNT or similar signals and do not track you over time and across the Web to provide targeted advertising. However, we may use third party services, such as Google Ad Words, which do track you over time and across the Web to provide targeted advertising.

Your browser can be set to DNT to stop such tracking.

Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Services to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our Services. We will tell you what information you must provide to receive the Services by designating it as required at the time of collection or through other appropriate means.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. We will inform you of any relevant exemptions we rely upon when responding to any requests you make.The following section lays out specific rights that may be exercised by California Users and EEA, UK, and Switzerland Users.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). For instance, the same principle applies to data deletion requests, for which we decide on a case-by-case basis what is needed to verify one’s identity depending on the type of information we have to delete – documents that are accepted as proof of ID can be i.e., ID, passport, driving license, etc. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. In any case, we will confirm receipt of any email correspondence we receive from you as soon as possible.

California Users Only. If you are a California resident, you have certain rights under the California Consumer Protection Act (“CCPA”), such as:

Right to know: You can request that a we disclose to you: (1) the categories and/or specific pieces of personal information thewey have collected about you, (2) the categories of sources for that personal information, (3) the purposes for which we use that information, (4) the categories of third parties with whom we disclose the information, and (5) the categories of information that we sell or discloses to third parties. You can make a request to know up to twice a year, free of charge.
Right to delete: You can request that we delete personal information we have collected from you and tell our service providers to do the same, subject to certain exceptions (such as if the we are legally required to keep the information).
Right to opt-out of sale or sharing: You may request that we stop selling or sharing your personal information (“opt-out”), including via a user-enabled global privacy control. We cannot sell or share your personal information after we receive your opt-out request unless you later authorize us to do so again. Please review the section, “Third Parties,” above for more information on how and when we share your information.
Right to correct: You may ask us to correct inaccurate information that we have about you.
Right to limit use and disclosure of sensitive personal information: You can direct us to only use your sensitive personal information (for example, your social security number, financial account information, your precise geolocation data, or your genetic data) for limited purposes, such as providing you with the services you requested.

We do not discriminate against Users for exercising their rights under the CCPA. If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy. You may also review and edit the personal information you have submitted to us by logging into your account on our website.

European Union Users Only. If you are a resident of the EEA, United Kingdom, or Switzerland, you have the following data protection rights under certain circumstances in respect of your personal information that we hold:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data.This enables you to ask us to suspend the processing of your personal data in the following scenarios:

If you want us to establish the data's accuracy.
Where our use of the data is unlawful but you do not want us to erase it.
Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy. You may also review and edit the personal information you have submitted to us by logging into your account on our website.

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

Changes to our Privacy Policy

We may change the content of our websites and how we use cookies without notice, and we reserve the right to modify this Privacy Policy at any time. We therefore encourage you to review them when you visit the website from time to time to stay informed of how we are using personal information. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Services. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Services.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Services (or as otherwise indicated at the time of posting). In all cases, your continued use of the Services after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

Contact Us

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

By Email: admin@NYCultureClub.com

By Mail: c/o New York Culture Club, LLC
United States Corporation Agents, Inc.

7014 13th Avenue, Suite 202

Brooklyn, NY 11228

You can also contact us, as indicated above, if you have any concerns about our handling of your information, if you wish to access and/or correct your information, and/or to withdraw your consent to our continued collection, use or disclosure of your information (subject to reasonable notice and any other applicable legal limitations).

Thank you for using our Services.