Privacy Policy

Introduction and Acceptance

Welcome to the Tidal New York website located at http://www.tidalnewyork.com/ (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit and/or use of the Website, which may include the purchase of goods. By visiting and/or using the Website, you agree to be bound by the terms of the present Privacy Policy (the “Policy”).

The Policy was last modified on September 1, 2015. Tidal New York reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Website following the posting of any changes to the Policy constitutes acceptance of those changes.

In this Policy, a Website visitor or user may be referred to as “you”. When a Website user has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Website user has made a purchase, they may be referred to as a “Client”.

If you have any questions about the Policy, or if you wish to inquire about and/or access any personal information Tidal New York holds about you, please contact:

store@tidalnewyork.com

or:

Tidal New York

29 Beechwood Ave.

New Rochelle, NY 10801

General Statement of Privacy and Protection of Personal Information
 

Tidal New York takes your privacy and security of personal information very seriously. We have provided a secure environment and this strict Policy that describes the limited ways the information is used and the limited access to such information.

What Does This Privacy Policy Cover?

This Policy covers the treatment of personally identifiable information (“Personal Information”) and other information gathered by Tidal New York when you are using or accessing the Website. This Policy also covers Tidal New York’s treatment of any Personal Information that Tidal New York may share with its business partners or other third parties under very limited circumstances.

This Policy does not apply to the general practices and treatment of information (whether personal or not) by third parties that Tidal New York does not own or control, including but not limited to any third party websites or services that you elect to access through the Website or via a link from the Website (“Third Party Website”), or to individuals that Tidal New York does not manage or employ. While we attempt to facilitate access or link to only to those Third Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Websites. We encourage you to carefully review the privacy policies of any Third Party Website you access. We have named and provided links to the most important of these Third Party Websites further in this Policy.

Finally, this Policy does not cover any Personal Information you send to Tidal New York via any non-secured mode of communications such as email, instant messenger or Twitter, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to Tidal New York via these methods.

No Collection of Personal Information as a Matter of Course

Tidal New York does not, as a matter of course, gather any of your Personal Information while you are using the Website, unless you are asked to provide such information, for example by signing up for an account or for the mailing list, or making a purchase. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose.

Security of Information

Tidal New York uses only industry best practices (physical, electronic, and procedural) in keeping any data collected (including Personal Information) secure. In addition, Tidal New York uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website, and these third parties have been selected for their high standards of security.

Where you are making a purchase on the Website, all transaction data, including credit card information, is transferred by encrypted Secure Sockets Layer (“SSL”), the standard for internet transactions.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

Tidal New York automatically collects certain information using a third-party analytics program, Google Analytics, to help us understand how our users use the Website, but none of this information identifies you personally. For example, each time you visit the Website we automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of the Website users in the aggregate. Tidal New York also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website and which pages on the Website with a view to introducing improvements.

Tidal New York reserves the right to use additional analytical or statistical programs or services in the future. Where any Personal Information is transferred to a third party in this manner, this section will be updated accordingly, though there may be a delay in the update.

Your IP address and other relevant information may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms and Conditions.

Non-disclosure of Personal Information to Third Parties

Except as provided in the next paragraphs and the sections in this Policy regarding Analytics, Mailing List Management and Secured Payments, Tidal New York does not divulge any Personal Information gathered via the Website to third parties. Moreover, Tidal New York does not sell, rent, trade or license any Personal Information regarding its users to third parties. Only the employees, representatives, subcontractors, officers, agents, or assigns of Tidal New York are responsible for the management and development of the Website, and only these individuals have access to the information collected there. These employees, representatives, subcontractors, officers, agents or assigns all have been instructed to comply with the Policy.

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted: (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Terms and Conditions; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website infrastructure or the Website generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with Tidal New York (in which case we will require such entities to honour this Policy); (5) if Tidal New York is acquired by or merged with another entity (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

Tidal New York uses certain third party services in order to augment the Website. Personal information may be transferred from Tidal New York to these third party services, but only to the extent required in order for them to function properly, and only upon your express submission of such information. These third party services are limited to Facebook, Twitter, Tumblr, Pinterest and Google+ for sharing of Website content. If you are not already logged in to those third party services, your Personal Information required to login to those accounts is transferred securely from Tidal New York to the third party services. When your Personal Information is transferred to these third party services, it is covered by their respective privacy policies, which we encourage you to read.

Mailing List Management

Tidal New York uses MailChimp to manage our mailing list and send out emails. Personal Information is transferred to MailChimp in order for the mailing list to function properly. Your Personal Information is only used for the proper sending out of email; MailChimp does not use this Personal Information for any other purpose, and will not transfer or sell your Personal Information to any other third party. For more information, please refer to MailChimp’s Privacy Policy

You may unsubscribe from Tidal New York’s mailing list at any time, by following the link at the bottom of all Tidal New York emails.

Secured Payments

Tidal New York provides two methods of secured payments for purchases made on the Website. You may use your credit card directly on the Website, in which case Personal Information is transferred securely to a third party payment processor, Shopify. You may also make purchases using PayPal

By making a purchase on the Website, you authorize Tidal New York to use these payment processors and to transfer Personal Information to them, but only to the extent needed to complete the transaction. No credit card information is ever stored on servers controlled by Tidal New York. Shopify and PayPal have our permission to store, on behalf of Tidal New York, the data pertaining to the executed transactions by Clients of the Website (including credit card information) with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of Tidal New York Clients, and for follow-up as needed. This transactional data may be used for validation and registration purposes of Tidal New York Clients, and to trace any fraudulent activities if necessary. 

When a Client makes a purchase and uses one of these payment processors, the Client is covered by the payment processor’s privacy policy. We encourage you to read Shopify's and PayPal’s privacy policies to learn more about how your Personal Information is treated by those third parties.

Tracking Technology ("Cookies")

Tidal New York uses tracking technology (“cookies”) on the Website and by using the Website you agree to their use. Cookies are small text files placed on your hard drive when you visit a web site, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Website uses “session cookies,” which improve your user experience by storing certain information from your current visit on your computer.

Your browser can be set to refuse cookies or delete them after they have been stored. Please refer to your browser’s help section for instructions. Please note that deleting these cookies may reduce your user experience for the Website by requiring you to re-enter certain information, including information required to use the Website and make purchases, such as account login information. Furthermore, as we use authentication cookies, deleting those cookies may prevent certain functions, including the purchase process, from working at all. Tidal New York shall not be held responsible for any function that may not operate after you delete cookies, or any damages (pecuniary or otherwise) arising from those functions not operating, or having reduced functionality.

Risks Associated with the Internet

Despite Tidal New York's efforts to ensure third parties will not access or obtain your Personal Information through your use of the Website, complete confidentiality and security cannot currently be guaranteed on the Internet. Communication via the Internet is subject to interception, loss, or alteration. You acknowledge and agree that Tidal New York cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information over the Internet and that such communications are at your own risk. 

Limitation of Liability

Tidal New York, and / or its respective officers, directors, owners, officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns, will not be held liable for any damages resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Website not in violation of the Policy.