Welcome to the Kirkland’s, Inc.’s websites, available at “Kirklands.com” and “MyKirklands.com” (collectively, the “Sites”).  This Statement discloses the Security and Privacy Policy (this “Policy”) for the Sites and describes how Kirkland’s, Inc. (“Kirkland’s”), the operator of the Sites, collects, protects and uses information we receive from visitors to the Sites.  This Policy has been created in order to demonstrate and inform you of our firm commitment to privacy and to outline how we deal with any personal data you provide while visiting the Sites. If you do not agree with any portion of this Policy, you should not use the Sites. This Policy applies only to information collected through the Sites and not to information collected offline or through any other websites (even if affiliated with Kirkland’s).

 

Last updated and effective as of September 17, 2009.

 

1.         THE INFORMATION WE COLLECT

There are two kinds of information websites can obtain about you:

 

(A) Anonymous Information: “Anonymous Information” is aggregate data that websites use to administer their sites. This Anonymous Information comprises information that cannot be used to identify or contact you, and may include such information as your browser type or your Internet Protocol (IP) address (if not deleted, clipped or anonymized). Kirkland’s may from time to time retain third parties to help us collect and aggregate information pertaining to either or both of the Sites.

 

IP Addresses.  An IP address is unique string of numbers that is assigned to your computer by your Internet Service Provider. Web servers automatically identify your computer by its IP address. We use your IP address to help diagnose problems with our servers, to administer our Sites, avoid hacking attacks on the Sites’ servers, and may use it to gather broad demographic information. We do not link IP addresses to any Personally Identifiable Information, even if such information is voluntarily provided by a user.

 

Cookie Information. As is the case with many websites, our Sites use a technology called “cookies”, which are small data files that are downloaded onto your computer. The use of cookies is standard on the Internet, and allows us to tailor your visits to our Sites to your individual preferences.  We also may contract with third party service providers who assign cookies and/or web beacons to conduct site tracking for us. These companies use cookies solely to provide us with aggregate data about Site traffic. Although most web browsers automatically accept cookies, you can change your browser to prevent cookies or notify you whenever you are sent a cookie. Even without accepting a cookie, you can still access most of the features on our Sites.

 

(B) Personally Identifiable Information: “Personally Identifiable Information” is any information that personally identifies you, such as your name, email address or your telephone number. Sometimes this personal information is needed when you order merchandise from Kirkland’s, register for participation in the Forums, subscribe to our email communications, or when you contact us.  For example, you may be asked to provide the following information:

 

User Accounts.  To order merchandise from Kirkland’s or to participate in certain features of each Site, we may request that you create an account by providing personal information and creating a user ID and password.  We will use this along information along with information pertaining to your order as well as credit card information to maintain your account.  We may also use this information to send you announcements of new Site features, special offers and promotional materials that we think may be of interest to you.  You may elect not to receive such information by opting out as described below. 

 

Ordering.  We request information from you on our order form.  In connection with purchases via the Sites, a customer may be required to provide contact information (including address and name) and financial information (including billing address, credit card number and expiration date).  This information is used for billing purposes, order fulfillment and age verification.  In the event an issue arises in connection with an order, we may also use this information to contact you regarding such order.  

 

Email and Other Communications.  We offer visitors to the Sites the opportunity to sign up to receive email communications from the Sites. In order to sign up for these communications, we ask for contact information, such as name, email address and zip code.  We also may offer the opportunity for you to receive other communications that we think may be of interest to you.    

 

Email Correspondence. Scattered throughout the Sites are links or forms that can be used to contact the Sites so you can comment, make a complaint, make suggestions and ask questions. Your name, email address, address, and phone number are requested on these forms so we can address our answer in a mannerly way. Kirkland’s may put information from email on file, but does not currently sell or license this information with third parties without express authorization from you.

 

 

2.         HOW WE USE GATHERED INFORMATION

The information you share with us may be used in a few ways:

 

(A) Anonymous Information:  Anonymous Information is used internally for administration of the Sites, troubleshooting, and to help improve the quality of the Sites and their design. We may share such aggregated, non-personally identifiable information, such as demographics, with existing and prospective business partners and advertisers.  We never connect aggregate information with Personally Identifiable Information, and none of the Anonymous Information we share will contain any information that identifies you individually.

 

(B) Personally Identifiable Information:  Personally Identifiable Information collected by Kirkland’s may be used for purposes including administration of the Sites, forum registration, and communications with you. In all cases, however, we will only use your information as permitted by law. In addition, we may from time to time contract with third parties to assist us in maintaining and managing our customer information.  In such events, we will advise these companies not to retain, share, store or use Personally Identifiable Information for any secondary purposes.  We may also disclose Personally Identifiable Information if we are required to do so by law or we in good faith believe that such action is necessary to (a) comply with the law or with legal process; (b) protect and defend our rights and property; (c) protect against misuse or unauthorized use of the Site; or (d) protect the personal safety or property of our users or the public. Please note we may not provide you with notice prior to disclosure in such cases.

 

3.         Opt-ouT

We support the right of visitors to choose. You will be given the right to opt-out of receiving any promotional materials about Kirkland’s or its partners whenever you are asked to provide Personally Identifiable Information on the Sites.  If you do not opt-out at that time, but later decide that you do not wish to receive future communications of this nature you can contact us at info@kirklands.com or at the address provided below, indicating that you no longer want to receive information relating to the Sites.

 

4.         SECURITY

Security of information communicated by or to us over the Internet is of utmost concern to us; however, no data transmission over the Internet can be guaranteed to be 100% secure. The Sites incorporate reasonable safeguards to protect the security, integrity and privacy of the personal information we have collected.  We have put in place reasonable precautions to protect information from loss, misuse and alteration, including Secure Socket Layer (SSL) technology and database encryption. Please do not use email to communicate information to us that you consider confidential. While we strive to protect your personal information, Kirkland’s cannot ensure or warrant the security of any information you transmit to us or through the Sites.

 

5.         DISCLOSURE OF INFORMATION THROUGH BUSINESS TRANSFERS

As we continue to develop our business, we may buy, merge or partner with other companies or businesses, and in so doing, acquire customer information.  In such transactions, user information may be among the transferred assets. Similarly, in the event that a portion or substantially all of Kirkland’s assets are sold or transferred to a third party, customer information (including Personally Identifiable Information) would likely be one of the transferred business assets.

 

6.         Our Commitment to children's privacy

Protecting the privacy of children is very important to us. The Children's Online Privacy and Protection Act of 1998 (“COPPA”) defines a “Child” as anyone under the age of 13.  Kirkland’s strictly adheres to COPPA. For that reason, we do not collect or maintain information obtained through our Site from those we actually know are under 13, no part of our Site is structured to attract anyone under 13, and we do not knowingly collect or use the personal information of minors for marketing purposes.  Please note that if you are under 18, you may purchase products through the Sites only with the involvement and consent of a parent or guardian. 

 

7.         EXTERNAL LINKS

The Sites may provide links to various websites that we do not control. When you click on one of these links, you will be transferred out of our Sites and connected to the website of the organization or company that you selected. We are not responsible for the nature, quality or accuracy of the content or opinions expressed on such websites, or of the services provided through such websites.  Such websites are not investigated, monitored or checked for quality, accuracy or completeness by us. Inclusion of any linked website on the Sites does not imply or express an approval or endorsement of the linked website by us, or of any of the content, opinions, products or services provided on these websites. Even if an affiliation exists between our Sites and a third-party website, we exercise no control over linked sites. Each of these linked sites maintains its own independent privacy and data collection policies and procedures.  While Kirkland’s expects its partners and affiliates to respect the privacy of our users, Kirkland’s cannot be responsible for the actions of third parties.  If you visit a website that is linked to from our Sites, we encourage you to consult that website's privacy policy before providing any personal information and whenever interacting with any website.

 

8.         Consent and Modifications to Privacy Statement

The Sites are controlled, operated and administered entirely within the United States.  By using the Sites, you signify your agreement to the terms of this Policy. If you do not agree with this Policy, please do not disclose any personal information through the Sites.  This Policy and the use of the Sites are governed by Tennessee law.  Any claim related to the Sites or this Policy shall be brought in a federal or state court in Davidson County, Tennessee, within one year after the claim arises. Users of the Sites consent to the exclusive jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Policy. This Policy and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.

 

9.         SPECIAL NOTICE TO CALIFORNIA RESIDENTS

Under the California Civil Code, residents of the State of California that have provided any Personally Identifiable Information to Kirkland’s have the right to request a list of all third parties to which Kirkland’s has disclosed Personally Identifiable Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if Kirkland’s has a privacy policy that gives either an opt-out or opt-in choice for use of Personally Identifiable Information by third parties (such as advertisers or affiliated companies) for marketing purposes, Kirkland’s may instead provide you with information on how to exercise your disclosure choice options free of charge.  Kirkland’s qualifies for the alternative option and has adopted a policy of not disclosing the personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option that prevents that information from being disclosed to third parties for those purposes.  It has established this Policy that provides you with details on how you may either opt-out of the use of your Personally Identifiable Information by third parties for direct marketing purposes.  If you are a California resident and would like to request information about how to exercise your third party disclosure choices, please send a request to info@kirklands.com with a preference on how our response to your request should be sent.

 

10.       Modifications To Privacy Policy

Kirkland’s may modify this Policy at any time, at its discretion, and modifications are effective upon being posted on the Sites. You are responsible for reviewing this Policy periodically to ensure that you are aware of any changes to it.

 

11.       ACCOUNT REVISIONS, REVOKING & DELETING PERSONAL INFORMATION

We welcome your questions, comments and all feedback pertaining to your privacy or any other issue with regard to the Sites.  You may contact us at through one of the methods listed below.

 

E-mail:             info@kirklands.com

 

Address:          Guest Service

                        Kirkland’s, Inc.

431 Smith Lane

Jackson, TN 38301

 

Telephone:      (877) 208-6668          

 

 

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