Privacy policy

Last Updated: 12-08-17

Tiary Inc. and its subsidiaries and affiliates (“Tiary”, “we” or “us”), welcome you to our website (“Site”), which offers custom jewelry design products for sale (the “Service”). Any references to our “Site” also include our mobile applications and other software, and any references to our “Services” include our Site, customer service phone line and other shopping or product services we offer. Each of Tiary’s customers (each a “User” or “you”) is invited to use and enjoy our Site in accordance with the Terms and this privacy policy (“Privacy Policy”). We respect your privacy and are committed to protecting Users’ information. We believe that you have a right to know our practices regarding the information we collect and use when you visit and use the Service.

Please read this Privacy Policy carefully and review it periodically for the latest information about our privacy practices. By using the Site, you agree to the terms of this Privacy Policy. If you do not agree with the practices described in this Privacy Policy, please do not provide us with your personal information or interact with the Site and/or Service. Any capitalized terms not herein defined have the meaning ascribed to them in the Terms.

We will routinely update this Privacy Policy to clarify our practices and to reflect new or different privacy practices, such as when we add new services, functionality or features to the Site. If we make any material changes, we will notify you by e-mail (sent to the e-mail address specified in your account) or by means of notice on the Site prior to the change becoming effective. You can determine when this Privacy Policy was last revised by referring to the date it was “Last Updated” above. If you do not agree to the revised Privacy Policy, please stop using the Site and/or Service.

1. Information We Collect

We may collect three types of data and information:

1.1 Non-personal Information

The first type is non-identifiable and anonymous information (“Non-personal Information”). We simply have no idea about the identity of the User from which we have collected Non-personal Information. Non-personal Information which is being gathered consists of technical information and behavioral information, as detailed below:

Technical Information:

  • Type of operating system (e.g. Windows, Linux, etc.);
  • Type of Browser (e.g. Explorer, Firefox, Chrome, Safari, etc.);
  • Screen resolution (e.g. 800×600, 1024×768, etc.);
  • Browser and keyboard language (e.g. English);
  • IP address;
  • Flash version; and/or
  • Computer’s configurations and settings and any similar technical data and information.

Behavioral information:

  • User’s click stream on the Service (i.e. the fact that User has chosen to click on a certain link or access a certain feature on the Service);
  • The activities of the User on the Service, including information pertaining to activities made by the User (e.g. which action was taken on the Service, last login date etc.); and/or
  • Any similar behavioral information.

1.2 Personal Information.

The second type is individually identifiable information (“Personal Information”). This information may identify an individual or is of a private and/or sensitive nature. Personal Information which is being gathered consists of any personal details provided voluntarily by the User to Tiary.

1.2.1 Registration

Registration to create an account (an “Account”) to use the Service is done through the Site and/or third party account (a “Login Partner”). If you create an account directly on the Site you will be required to provide your full name, country of residency, date of birth (optional), an active e-mail address and a password. If you create an account on the site using a Login Partner, we may receive such Personal Information as you have submitted to such Login Partner. You may also wish to add Pieces (as defined below) to your wish list or looktray, which will be saved to and associated with your Account.

1.2.2 Information from a Login Partner.

When you connect to the Service through a Login Partner for the first time you will be asked to permit the Login Partner to share with us the information about you. In order to successfully create an Account through a Login Partner, you must allow the Login Partner to share such information. Subject to the privacy settings that you have set in such Login Partner accounts, we collect only that information from the Login Partner as you have provided it to the Login Partner. Such information may include your name, e-mail address, profile picture, information you make publicly available via the applicable third party, and/or other information you authorize us to access by authorizing the third party to provide such information. You understand that by granting us access to the third party accounts, we will access, make available and store (if applicable and as permitted by the third party and authorized by you) the information in your third party accounts so that it is available on and through your account on our Site.

1.2.3 Pieces, Customer Stories, Wish Lists

Our Site includes lookbook and inspiration sections, which contain images of jewelry pieces (each a “Piece”) designed by us and/or our Users, together with the stories behind them (each a “Customer Story”). These Customer Stories may contain Personal Information. If we were to feature a Piece you designed and/or your Customer Story on our Site, it/they would be displayed and become public and accessible to other Users. You authorize Tiary to photograph any Piece you create before we ship it to you. Tiary will contact you and obtain your express consent via e-mail prior to posting one of your Pieces or Customer Stories on our Site. If you wish to request the removal of a Piece you designed or your Customer Story from our Site, you may contact us at hello@tiary.com. We encourage you to share your Pieces and Customer Stories on social media using our hashtag #tiary.

We may also wish to feature certain User testimonials or reviews on our Site (each a “Testimonial”). If we were to feature your Testimonial, it would be displayed and become public and accessible to other Users. We will contact you and obtain your express consent via e-mail prior to featuring a Testimonial that you wrote. If you wish to request the removal of your Testimonial from our Site, you may contact us at hello@tiary.com.

Lastly, you may also wish to add Pieces to your wish list or looktray, which will be saved to your Account. Such Pieces will only be visible to you and any friends you authorize us to share them with pursuant to Section 1.3 below.

1.3 Third Party Personal Information

The third type is information that identifies third parties (“Third Party Personal Information”). You may choose to provide us with a friend’s name, e-mail or other contact information in order for him/her to take advantage of our referral program or to receive a gift. Subject to restrictions imposed under applicable laws, and unless otherwise specified when you provide us the information, the information we collect about your friend, the third party, may be stored and used in the ways described in this Privacy Policy.

If you choose to use our referral program to tell a friend about our Site, we will ask for your friend’s e-mail address. We will automatically send your friend an e-mail inviting him/her to visit the Site. We also provide the opportunity to share images of Pieces, or your wish list or looktray, with a friend. If you choose to do so, we will ask for your friend’s e-mail address and send an e-mail containing images of the Piece(s), wish list or looktray. If you wish to purchase an electronic gift card for a friend, we will request your friend’s name and e-mail address in order to send the card. Lastly, you may provide a friend’s shipping details in order to deliver gifts. We store this information for the purpose of shipping the product to your friend. You may update or remove this information by logging into your Account and editing your saved addresses. In each of these cases, Tiary stores your friend’s information for the sole purposes of sending e-mails, and/or tracking or executing activities on our Site. Your friend may contact us to request that we remove his or her e-mail address from our mailing list, in which case we will do so as soon as possible.

2. How We Collect Information

There are two main methods we use:

  • We collect information voluntarily when you register to the Service; and
  • We collect information while you access or use the Service. In other words, when you access or use the Site and Service we are aware of your usage of the Service, and may gather, collect and record the information relating to such usage. For example, when you connect to the Service, available on the Site, your computer tells us your IP address. We may further log the content you generate during your use of the Service.

3. Why we Collect Information

3.1 Non-personal Information

We collect Non-personal Information in order to:

  • Enhance your experience on the Site or Service (e.g. by determining the screen resolutions);
  • Learn about the preferences of Users and general trends on the Site or Service (e.g. understand which features are more popular than others); and
  • For Tiary marketing and promotional activities.

3.2 Personal Information

We collect Personal Information in order to:

  • Enable the overall operation of the Site or Service, including the facilitation of communications between Users;
  • Facilitate communication between Tiary and you including, without limitation, responding to your questions or comments, sending e-mails concerning our products and services, or to contact you for feedback regarding us, our advertisers or our business partners;
  • Administer your Account, process payments, and provide the Service;
  • Personalize your experience on the Site or Service;
  • Provide you with certain information and services available only to registered Users;
  • Allow us to contact you with proposals and tailored information regarding events, offers, services, etc.; and
  • Enforce our agreements with you, prevent fraud and other prohibited or illegal activities, for other legally permissible purposes and generally to ensure that we comply with applicable laws.

The Service and Site allow you to share your Login Partner’s profile information with other Users. Please note that certain information which you have defined as private on your Login Partner (e.g. information which is visible to Facebook friends only) may become public to other Users through the Service if you have designated such information to be public on the Service.

4. Sharing Personal Information with Third Parties

We may share Personal Information with third parties only in the following cases:

  • To satisfy any applicable law, regulation, legal process, subpoena or governmental request;
  • To enforce this Privacy Policy or the Terms, including investigation of potential violations thereof;
  • To detect, prevent, or otherwise address fraud, security or technical issues;
  • To respond to claims that any content published on the Service violates any right of a third-party;
  • To respond to claims that unauthorized information (e.g. phone number, name, etc.) of a third-party has been posted on the Service;
  • To protect the rights, property, or personal safety of Tiary, its Users or the general public;
  • When Tiary is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Tiary;
  • Pursuant to your approval, in order to supply certain services you have requested from Tiary;
  • To let our partners and affiliates serve you with commercials; and
  • To collect, hold and manage your Personal Information through a third party’s cloud based services, as reasonably required for business purposes, which services may be located in countries outside of your jurisdiction.

5. Modifications to or Deletion of Personal Information

If for any reason you wish to modify or delete your Personal Information, you may edit or delete your Account information directly on the Site or you may access your Login Partner (if applicable) and edit your profile there. Upon your request to Tiary, we shall remove your Personal Information from the Service within a commercially reasonable time after removing your Account from the Site and/or Service.

6. Cookies and Local Storage

When you access or use the Site and/or Service, Tiary may use industry-wide technologies such as “cookies” and Flash (or similar technologies), which stores certain information on your computer (“Local Storage”) and which will allow us to enable automatic activation of certain features, and make your Site or Service experience more convenient and effortless. The cookies used by the Site or Service are created per session, do not include any information about you (other than your session key), and are removed as your session ends (usually after 24 hours). It is easy to prohibit Local Storage. Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. In order to erase or disable the Local Storage option in Flash you should alter your settings according to the specific instructions given by your technology provider. However, if you block or erase cookies, or change your Flash settings, your online experience may be limited.

We also use certain third-party cookies. This different type of cookie is stored on your computer by third parties, rather than by Tiary. This kind of cookie is only read (and not altered by the Service) each time you visit the Service, and when you visit certain websites or applications that use similar cookies. Third-party cookies usually store only Non-personal Information, such as the web pages you have visited, the duration of your browsing, etc.

We may also use tracking images (such as GIFs), which are small images files that we embed in our e-mail newsletters, to learn whether you opened or forwarded a newsletter or clicked on any of the content. This information tells us about our newsletters’ effectiveness and helps us ensure that we’re delivering information that you find interesting.

7. Security

You should be aware that Tiary has no control over the security of other websites on the Internet that you might visit, even where such other site is linked to our Site. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your information.

Tiary is committed to the protection of the personally identifiable information that you share with us. We utilize a combination of commercially reasonable physical and electronic security technologies, procedures, and organizational measures to help protect your information from unauthorized access, use or disclosure. By submitting your credit or debit card information through the Service, you expressly consent to the sharing of this information with our Payment Partners. Our Payment Partners will collect, store, and process your credit or debit card and other payment information on our behalf using industry-standard security measures. We do not store any payment and/or credit or debit card information, however our Payment Partners may store your credit or debit card information so you can use our Service in the future. 

While we strive to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure and, accordingly, we cannot guarantee or warrant the security of any information you disclose or transmit to us. In the event of a breach of the confidentiality or security of your information, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you. We assume no responsibility or liability whatsoever with respect to your credit or debit card information in the event of a breach of confidentiality or security.

8. Children

You must be of the age of majority in your jurisdiction to use and/or to register to use the Site. As a result, Tiary does not intentionally collect information about children under the age of majority in their jurisdiction. If we learn that Tiary has collected information from a child under the age of majority in their jurisdiction, we will delete that information as quickly as possible.

9. Third Party Websites

While using the Service on the Site you may encounter links to third party websites. Please be advised that such third party websites are independent from the Service, and we assume no responsibility or liability whatsoever with regard to privacy matters or any other legal matter with respect to such third party websites. We encourage you to carefully read the privacy policies and the terms of use or service of such websites.

10. Third Party Software/Services

While using the Service we may be using third party software and/or services, in order to collect and/or process the information detailed herein and mainly for statistical purposes.

11. Changes to Privacy Policy

The terms of this Privacy Policy will govern the use of the Service and any information collected therein. Tiary reserves the right to change this policy at any time, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Service.

Changes to this Privacy Policy are effective as of the stated “Last Updated” and your continued use of the Service on or the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes.

12. No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties.

13. Questions?

If you have any questions (or comments) concerning this Privacy Policy, you are most welcomed to send us an e-mail at hello@tiary.com, and we will make an effort to reply within a reasonable time.