Last modified July 08, 2020
Residents of California - Please see section 5 below for California specific information.
1. The Information We Collect and How We May Use It
We collect information from you in three ways: first, we collect certain information directly from you, such as when you submit it to us or the Site; second, we collect information automatically, or passively, when you interact with the Site; third, we sometimes receive information from third parties.
a. Information We Collect Directly From You
We collect certain information directly from you, including when you make purchases or require delivery, when you establish an account with us, register to use certain features of our Site, or you otherwise communicate with us:
- In order to make purchases, to access certain information, features or services at the Site or offerings of Midnight Velvet, you may be required to provide certain information that identifies you as an individual, including your name, address, email address, telephone number, and information related to the above.
- We collect your credit card information and other payment details, when required to complete a transaction.
- If you use our credit plan or submit a credit application, we may collect other financial and personal information from and about you.
- If you provide comments or suggestions to us, we will keep those, and if you contact our customer service or other departments, we will maintain those communications and your contact details.
- We sometimes collect information from you through surveys, promotions, sweepstakes and contests, or other outreach programs. Likewise, if you sign up for our wish list service, we will ask you for information concerning your gift selections.
As discussed below, we also may sometimes obtain personal information from data providers who provide us information about our own customers or prospective customers. We also sometimes collect information from our customers (or others) when we communicate with them in phone calls, emails, or other "offline" settings.
b. Information We Collect Passively
We also collect information by automated means -- cookies, web beacons and similar technologies -- when you visit our Site, interact with our ads on other websites, or open an email that we send. Cookies are small files that contain a short line of text that can identify and track a browser's movements. A web beacon, also known as a web pixel tag, links web pages to web servers and their cookies, and may be used to transmit information collected through cookies back to a web server.
The information we collect and maintain through cookies and web beacons includes your IP address, browser type and other browser characteristics, operating system, referring URLs, information on actions taken on our Site (such as what pages you view, and what links you click on), and dates and times of Site visits.
Sometimes, we work with third-party advertising platforms who place cookies on our Site and in online ads (or emails), in order to track web visitors and help us tailor and analyze ad performance. These advertising platforms may collect and use similar information on other websites. For instance, if you tend to view recipe websites, these providers might serve an ad for us or another company that sells gourmet food products. To learn how to "opt out" of interest-based advertising by these types of companies, using these technologies, please go to Section 4 below. Note that if you block all cookies through your browser preferences, our Site and many other sites will likely not function as intended, and key functionality of this and other websites may be lost.
c. Information We Receive From Third Parties.
- We share information with and/or receive information from certain companies within Our Family of Companies. Certain of those affiliated companies may use the information in a service provider capacity, e.g., billing, collections, credit analysis, other analytics or data marketing and sales, whereas others (i.e., any listed in the footer of a web page on this Site) may use the information for their own purposes, such as for marketing or analytics. (The brands and companies listed in our website footer are among those who will receive such information).
- Similarly, we sometimes receive information (such as contact information, or interest data connected to a person's contact information) from third-parties with whom we have marketing, advertising or service relationships, such as data compilers or consumer data resellers, survey companies or affiliate marketers. Sometimes, we use these companies to enhance Information we already have (such as regarding your demographics or likely interests). (We provide information about how to "opt out" of third -party data sharing in Section 4, below).
- We also may collect or receive information or receive from consumer reporting agencies, as appropriate and/or required under law.
2. How We Use The Information We Collect and Receive
Generally, we use the Information we collect and receive to operate our Site and provide products, services and information (including marketing) to our customers and prospective customers. We also use it to market to you, in privacy-sensitive ways -- and we provide information about how to control how you're marketed to in Section 4.
More specifically, we use the Information for the below purposes:
- To operate and support our products, services and advertising;
- To process credit card transactions and, as permitted by law, to make decisions about the extension of credit using data from consumer reporting agencies;
- To fulfill orders and ship products;
- To evaluate and improve the quality of the products and services that we offer to you.
- To customize Site content or marketing, for instance, to attempt to provide more relevant content, marketing or information based on prior purchases or other Information regarding a shopper's likely interests;
- To cross-reference the Information with Information we receive from Our Family of Companies and Third Parties in order to provide you an enhanced and more personalized shopping experience, and to help Our Family of Companies to do likewise;
- To measure or analyze how visitors use our Site, or engage with our advertising (and to measure advertising performance);
- To protect, analyze and secure the Site and our operations;
- As otherwise necessary or appropriate to provide requested services or products to customers or Site users.
We use service providers to perform tasks for us (as described in Section 3), such as providing marketing assistance and data analysis; and we may provide personal information to those businesses. Please go to Section 3 regarding "How We Share the Information" for more information about the types of third parties that may receive the Information.
3. How and Why We Share the Information
The reasons we share the Information are as follows:
- Service Providers, Generally. We share Information with numerous service providers in order to maintain our Site and provide our products to customers and prospective customers. These service providers may include members of Our Family of Companies.
- Service Providers Used to Provide Products. For instance, in order to offer and deliver (and receive payment for) our products, we share Information (including personal contact information) with third parties that provide services pertaining to billing, collection, credit extension, credit card and account processing, customer and technical support, web and server hosting, shipping and order fulfillment.
- Marketing Service Providers. In order to effectively market our products, we share Information with third parties that provide services pertaining to marketing (including email, display and direct mail marketing), data enhancement, email delivery, printing, data and marketing analytics, and campaign creation and analytics.
- Online Service Providers. We share web and mobile Information (including unique identifiers) with various online third-party advertising and analytics platforms, as further described in Section 4.
- Use by Affiliates. As noted above, we share information with and/or receive information from certain companies within Our Family of Companies. Certain of those affiliated companies may use the information in a service provider capacity, e.g., billing, collections, analytics or data marketing and sales, whereas others (i.e., any listed in the footer of a web page on this Site) may use the information for their own purposes, such as for marketing or analytics. (The brands and companies listed in our website footer are among those who will receive such information). For instance, if we believe that you would be interested in receiving offers or discounts from one of our affiliated companies, we might share your contact information with that affiliate.
- Use by Marketers and Co-Marketers. We also sometimes make certain Information, including our mailing lists, available to other marketers to help them tailor more relevant offers, coupons and advertising to potential consumers. These marketers may be "co-marketers" that advertise their products alongside ours; or, they may be non-affiliated marketing organizations who we have banded with cooperatively in order to mutually enhance the way we target customers and prospective customers. We may share information with Our Family of Companies (some of which also sell products to consumers and others of which act as service providers), and we may provide information to unaffiliated third-party companies or platforms for marketing or advertising purposes. The categories of entities that may receive this information are generally data compilers and consumer data resellers, but may also be other retailers, information providers, or other consumer product marketers, as well as online data and marketing platforms or advertising networks. If you wish to opt out of this type of data sharing, please do so by calling us at 866-240-9105 or complete this Do Not Sell My Info form.
- Disclosure for Legal Process. We may share any Information when we believe in good faith that disclosure is necessary to protect our rights and/or to comply with a judicial or administrative proceeding, court or governmental order, or legal process served on Us. We also may collect, process, and share information when we have a good faith belief it is necessary to detect and prevent fraud or other illegal activity, to prevent imminent bodily harm, or to prevent harm to Midnight Velvet, Our Family of Companies, the Site, our customers, or any other person or entity. This may include sharing information with other companies, lawyers, courts, or other government entities.
- Corporate Asset Transactions. We may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, any Information we hold may be among the transferred assets and may be shared during due diligence leading up to any transfer.
- Consent. We may share Information about you in any other circumstances where we have your consent or in order to provide a requested service.
4. Interest-Based Advertising and Your Marketing and Advertising Choices
- Interest Based Advertising. We work with third-party advertising platforms to place advertising, which may be through display, email, direct mail, or other methods. These third party platforms use technologies like cookies and web pixels that we describe in Section 1(b). These platforms may use these technologies to (i) inform, optimize, and serve ads based on past visits to our Site and other sites (or other information about you), (ii) serve ads on other sites, (iii) report how our advertising performs (for instance, whether advertising impressions may be related to visits to our Site other transactions or activities), or (iv) analyze website visits or ad campaigns in other ways. This type of advertising -- i.e., using behaviors over time and across sites to serve more relevant ads -- is often called "interest based advertising." Similarly, when we work with these ad platforms, we or they may place cookies (or similar technologies) that have been associated with de-identified (such as through a "hashing" formula) demographic or other data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) and that we may share with a service provider to trigger or suppress an ad. Through these and other identifiers (which are de-identified but may have been derived from your contact information), service providers we work with may target, measure, or analyze advertising to you on a variety of other platforms (for our products or other products), such as through direct mail, email, or "connected" television channels, as well as social media platforms.
- Cross-Channel and Cross-Device Marketing: In order to provide more relevant marketing (and often to offer discounts on our products), we engage in "cross-channel" and "cross-device" marketing, and work with third-party providers that assist us with this marketing. This means that Information that we (or they) collect through one device or method of marketing may be associated with other information to allow us (or in some cases, an affiliate of ours) to market to you through another device or marketing method. For instance, if you visit or purchase products through our Site, we may use information such as your email or IP address (or other Information we receive) to send offers to a mobile device that we think you are also using. Or, if you visit or log-in to our Site, we may associate Information we collect with other personal or de-identified information in order to send you a "direct mail" flyer or coupon -- for example, to provide a discount to you for a product that you've expressed interest in, or a similar type of product. We describe your "opt out" options below.
- Opting Out of Interest-Based Advertising. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer or mobile browser to deliver interest-based advertising, you may visit the Network Advertising Initiative's Consumer Opt-Out Link and/or the Digital Advertising Alliance's Consumer Opt-Out Link and on those sites, you may opt-out of receiving tailored advertising from companies that help serve those ads. We also may use technologies, such as our cookies, to provide you with personalized online display advertising tailored to your interests. To opt out of our cookies used for this online advertising, please click here. Opting out in this way won't prevent you from receiving ads -- it will only (in many cases) make those ads less relevant, because they won't be tailored to your interests. Also note that the above opt-outs are cookie-based, so if you delete your cookies (or change your browser), you'll need to opt out again. We do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
- Mobile Advertising Choices. We may sometimes serve ads through mobile apps, and these may be "interest-based" as well. Each operating system (e.g., iOS and Android) provides its own instructions on how to prevent the delivery of interest-based ads. To learn more about this, please visit the privacy settings for the applicable device or operating system or contact the applicable platform operator.
- Your Choices Regarding Promotional Catalogs. If you no longer wish to receive our promotional catalogs, you may call us at 866-240-9105 to make arrangements for those mailings to be discontinued. As a member of the Direct Marketing Association, we comply with its requirements for consumer choice, including its Commitment to Consumer Choice and DMA choice programs, and honor opt-outs from marketing communications through those programs. You can find more information about the DMA and its Commitment to Consumer Choice at: https://dmachoice.thedma.org/. Please understand that it may take several weeks for requested changes through these procedures to take effect and for such mailings to be discontinued.
5. California Privacy Rights
Click here to see a detailed explanation of your California Privacy Rights.
6. Accessing, Correcting, and Amending Your Personal Information
Midnight Velvet provides you access to certain account information, at MidnightVelvet.com, if you have up an account. In order to view your account information please click the "Your Account" link at the top of the home page. From this link, you can view and change some of the personal information that we have collected from you (such as mailing address, stored credit cards, wish list and address book). From the account page, you may also change your subscription settings in order to change whether or not you receive promotional emails from Midnight Velvet. Midnight Velvet also provides you access to certain other personal information that we have collected from you. If you believe that the personal information that we have collected from you, which you cannot access through your account page, is inaccurate and needs to be changed or amended, you can inform us of this by calling us at 866-240-9105 or writing us at Credit Dept., 1112 7th Avenue, Monroe, WI 53566.
7. Email Communications
You may be contacted via email by Midnight Velvet regarding your order, your account or certain other matters. Typically, we send two types of email communications. You may receive transactional emails that provide you with information about your order such as order acknowledgements and confirmations, order numbers, access to the status of your order, notification of shipment and other related information, or other notifications concerning our business relationship. Since we need to communicate this information to you, you will not be able to opt out of such transactional emails. In addition to the transactional emails described above, you also may receive certain promotional email communications unless you have opted out of receiving them. All such promotional email communications will provide you with the option to opt out and thereby not receive such promotions and related promotional email communications in the future.
8. Security of Information: No Liability for Acts of Third Parties
We maintain safeguards to protect the confidentiality of customer personal information. However, transmissions protected by security technology and implemented by human beings cannot be made absolutely secure. Consequently, we shall not be liable for unauthorized disclosure of personal information due to no fault of Midnight Velvet including, but not limited to, errors in transmission and unauthorized acts of the staffs of Midnight Velvet or Our Family of Companies and/or Third Parties.
9. Children's Privacy
Midnight Velvet does not knowingly collect any personal information from children under the age of thirteen. We also do not knowingly post content provided by minors such as reviews, comments, or blog posts. If you believe we might have any information or content from a child under the age of 13, please contact us by telephone at 866-240-9105 or Email Us.
10. User Submissions
If you participate in a discussion forum or post messages to a bulletin board at the Site, such as product reviews, you should be aware that the information disclosed and shared will be broadly available to other people, both inside and outside of Midnight Velvet, who have access to MidnightVelvet.com. Any participant's expressed opinion in a forum or bulletin board is his or her own and should not be considered as reflecting the opinion of Midnight Velvet or Our Family of Companies. Midnight Velvet reserves the right to moderate any message or comment posted on the Site and to remove any message or comment that is offensive, profane or otherwise inappropriate in the discretion of Midnight Velvet.
11. Links to Other Sites; Third Party Technology Interfaces; and Applications
13. Nevada Residents
If you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your personally identifiable information under Nevada law through the methods described in section 3, under the heading ‘Use by Marketers and Co-Marketers.’ Please note we may take reasonable steps to verify your identity and the authenticity of the request.
If you cease to be our customer, such as when your account is closed or becomes inactive, our information practices in this policy, as amended from time to time, will continue to apply.
15. How to Contact Us
Our postal address is: Midnight Velvet 1112 7th Ave. Monroe, WI 53566-1364. You can Email Us or you can reach us by telephone at our customer service number 866-240-9105.