Privacy Policy

Purpose

Best Friend NYC, thereafter BFNYC, has adopted this Privacy Statement in order to inform you of its policies with respect to information collected from this website. Your use of this website constitutes your acceptance of this Privacy Statement and your consent to the practices it describes.

Automatic Collection of Anonymous Information

When you visit the BFNYC website, similar to when you visit most other websites, certain anonymous information about your visit is automatically logged, which may include information about the type of browser you use, the server name and IP address through which you access the internet, the date and time you access the site, the pages you access while at the BFNYC’s website, and the address from which you were redirected to the BFNYC’s site. This information is not personally identifiable.

Personally Identifiable Information

Personally Identifiable Information, such as your name, address, telephone/fax number, social security number, email address or any other information is not automatically collected unless you personally submit it. You can visit and browse the BFNYC website without revealing personally identifiable information about yourself. You may also choose to disclose personally identifiable information about yourself, which may be maintained as described below. BFNYC collects personally identifiable information about you from its website by methods such as the following:

Registration Forms

If you are offered the opportunity to enter a promotion, to become a registered user of the BFNYC’s Club Registry, or to opt-in to receive BFNYC’s information through another site, you must apply by filling out the registration form on the site. This form requires certain personally identifiable information that may include, without limitation, your name, email address, postal address, telephone number, areas of interest, product usage, and/or a unique individual password.

Transactions and Activity

If you become a registered user or if you conduct transactions through our website, the BFNYC collects information about the transactions you engage in while on the website and your other activity on the site. This information may include, without limitation, areas of the website that you visit, transaction type, content that you view, download or submit, transaction amount, payment, shipping and billing information as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business.

Email and other voluntary communications

You may also choose to communicate with BF NYC through email, via our website, by telephone, in writing, or though other means. We collect the information in these communications, and such information may be personally identifiable.

Information Use

BFNYC may use the personally identifiable information collected through its website primarily for such purposes as:

helping to establish and verify the identity of users;
opening, maintaining, administering and servicing users' accounts or memberships;
processing, servicing or enforcing transactions and sending related communications;
providing services and support to users;
improving the website, including tailoring it to users' preferences;
providing users with product or service updates, promotional notices and offers, and other information about BFNYC and its affiliates;
responding to your questions inquiries, comments and instructions;
maintaining the security and integrity of its systems.

BFNYC uses the anonymous browsing information collected automatically by its servers primarily to help it administer and improve its website. BFNYC may also use aggregated anonymous information to provide information about its website to advertisers, potential business partners and other unaffiliated entities. This information is not personally identifiable.

Disclosure of Information

BFNYC does not provide personally identifiable information to unaffiliated third parties for their use in marketing directly to you. BFNYC may however disclose personally identifiable information about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by law. Finally, as BFNYC business develops, it may sell or buy corporate assets, and in such transactions customer information may be one of the transferred business assets. If BFNYC, its internet businesses, or substantially all of its assets, is acquired, customer information may be one of the assets transferred.

Children's Privacy

This website is directed toward and designed for use by persons aged 13 or older. BFNYC will not approve applications of, or establish or maintain accounts or memberships for a child whom BFNYC knows to be under the age of 13. BFNYC does not solicit or knowingly collect personally identifiable information from children under the age of 13. If BFNYC nevertheless discovers that it has received personally identifiable information from an individual who indicates that he or she is, or whom BFNYC otherwise has reason to believe is, under the age of 13, BFNYC will delete such information from its systems. Additionally, a child's parent or legal guardian may request that the child's information be corrected or deleted from BFNYC’s files by contacting us at customercare@bestfriendnyc.com.

"Cookies" and Advertisers

The BFNYC's website's server, or the servers of companies that are used to operate this site, may place a "cookie" in order to allow you to use the website and to personalize your experience. Cookies allow BF NYC to recognize your computer while you are on BFNYC website and help us customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the website.The advertisers and/or other content providers that may appear on this website may also use cookies that are not sent by the BFNYC’s website. Such ads or content may contain cookies that help track and target the interests of users of this website in order to present "personalized" advertisements or other messages that the user might find interesting. BFNYC is not responsible for any such cookies. Most web browser applications have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of this website.

External Links

The BFNYC website may contain links to other websites, including those of advertisers or third party content providers who offer downloads on BFNYC. Please be aware that BFNYC is not responsible for the privacy practices or the content of other websites. Websites that are accessible by hyperlinks from the BF NYC’s website may use cookies. BFNYC encourages you to read the privacy statements provided by other websites before you provide personally identifiable information to them.

Security

BFNYC maintains physical, electronic, and procedural safeguards to help guard personally identifiable information. If transactions are offered on the site, transaction information is transmitted to and from BFNYC in encrypted form using industry-standard Secure Sockets Layer (SSL) connections to help protect such information from interception. BFNYC restricts authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information. Please be aware, however, that any email or other transmission you send through the internet cannot be completely protected against unauthorized interception.

Choice/Opt-Out

In order to provide service to you, BFNYC will send you communications related to your transactions, security or the administration of its website. From time to time, BFNYC and its affiliates may also wish to send you other messages or updates about BFNYC, its affiliates, or their promotions and other activities. If you do not wish to receive non-transaction/security related communications from BF NYC and its affiliates, please send an email containing your request to customercare@bestfriendnyc.com.

Data Quality/Access

BFNYC allows you to change, update, or delete the information you may provide in your optional registration form. If you would like to change, update, or delete your personal information, please send an email containing your request to customercare@bestfriendnyc.com.

Special Features, Functionality and Events

BFNYC website may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

Copyright Complaints

We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, please contact us customercare@bestfriendnyc.com to notify us of a claimed infringement.

Representations and Warranties; Limitation of Liability

BFNYC SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE BF NYC SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE BF NYC SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE BF NYC SITE , INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE BF NYC SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the BFNYC Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Disputes

With respect to any dispute regarding the BFNYC Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New Jersey, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New Jersey. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New Jersey and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.

Consent to Receive Notices Electronically by Posting on the Site and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on the BFNYC site, or via text messages on your cell phone. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at customercare@bestfriendnyc.com.

General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the BF NYC Site, and supersede and govern all prior proposals, agreements, or other communications.

Changes to this Privacy Policy

BFNYC reserves the right to modify or supplement this policy at any time without notifying the customers. If a material change to the terms of this policy is made, BFNYC will post a notice on its homepage and a link to the new policy.

Contacting Us

If you have questions about this privacy statement, the information practices of BNYC or your dealings with BF NYC, please contact Best Friend NYC at customercare@bestfriendnyc.com or by fax (917) 720-9937 at any time.