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Privacy Policy

This statement (this “Policy”) discloses the privacy policies for the Kirkland’s, Inc.’s websites, available at “Kirklands.com” and “MyKirklands.com” (collectively, the “Sites”) as well as our mobile websites and other interactive applications and any other services and pages that display or link to this notice (collectively, the “Interactive and Mobile Services”).  This Policy also applies to information collected by Kirkland’s, Inc. (“Kirkland’s”) through social media sites, including but not limited to Facebook, Twitter, Tumblr, Pinterest and Instagram (collectively, the “Social Media Platforms” (together with the Interactive and Mobile Services, the “Services”)).  This Policy describes how Kirkland’s collects, protects and uses information we receive from visitors to the Sites and users of the Services.  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, using the Services or otherwise interacting with us via the Sites and Services. This Policy applies only to information collected through the Sites and Services but not to information collected offline.

This Policy is part of our Terms of Use, which together govern Kirkland’s relationship with you in relation to the Sites and Services. If you do not agree with any portion of this Policy, you should not use the Sites or Services.

Last updated and effective as of July 15, 2013

1. The Information We Collect

We collect personal and other information from you when you provide information to us or whenever you interact with us via the Sites and/or Services. There are two kinds of information websites and interactive applications can obtain about you: (A) Anonymous Information and (B) Personally Identifiable Information. This section details what types of Anonymous Information and Personally Identifiable Information we collect from you when you access or use our Sites and/or Services.

 

  1. Anonymous Information: “Anonymous Information” is data in a form 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 the Sites and/or Services.

    Device Information. We may collect non-personal information about the computer, mobile device or other device you use to access the Sites or Services, such as IP address, geolocation information, unique device identifiers, browser type, browser language and other transactional information. Web servers automatically identify your device by its IP address. We do not link IP addresses to any Personally Identifiable Information, even if such information is voluntarily provided by a user or visitor.  The Sites and Services may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the products and services we offer.

    Cookie Information. As is the case with many websites and web-based applications, our Sites and Services use a technology called “cookies”, which are small data files that are downloaded onto your computer or mobile device. The use of cookies is standard on the Internet, and allows us to tailor your visits to our Sites and Services to your individual preferences.  When you visit our Sites and use our Services, a web beacon allows us to capture certain additional types of information about your activities and use of the Sites and Services, such as which web pages you choose to visit and details about any items that you purchase. We also may contract with third party service providers who assign cookies and/or web beacons to conduct site tracking for us and collect information about your visits to the Sites and/or use of the Services as well as your visits to other websites in order to provide marketing analytics about goods and services of interest to you, your preferences, how you share information about our products and services with others, and to improve our marketing efforts. We may combine such information about your visits to and use of the Sites and Services as well as your visits to other websites with Personally Identifiable Information (as defined below) that we or our third-party providers collect about you, such as your user ID, name, email address and mailing address. 

    Although most web browsers automatically accept cookies, you can change your browser to prevent cookies or notify you whenever you are sent a cookie. However, if you disable or block cookies on your browser, the features on our Sites and Services may not work correctly.  In addition, if you disable or block cookies, you will not be able to make a purchase using the Sites or Services.

    Third-Party Social Media Information. If you choose to access, visit and/or use any of our pages on Social Media Platforms, we may receive aggregate information and analysis about visitors’ usage of our pages on Social Media Platforms.

     

  2. Personally Identifiable Information: “Personally Identifiable Information” is any information that personally identifies you, such as your name, email address, billing address, shipping address, credit card information or your telephone number. You provide your Personally Identifiable Information to us in a variety of ways when you interact with the Sites and Services.  Sometimes this personal information is needed when you order merchandise, create an account on the Sites, register for participation in certain features of the Sites and Services, subscribe to our email communications, participate in surveys, contests or sweepstakes, 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 the Sites and Services, we request that you create an account by providing personal information and creating a username and password.  We will use this information along with information pertaining to any orders you place through the Sites and Services as well as credit card information to maintain your account.  We may also use this information to send you announcements of new features available on the Sites and Services, 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. 

    Making a Purchase.  When you request to make any purchase through the Sites or Services, at checkout we request information from you on our order form.  In connection with purchases via the Sites and Services, you are required to provide contact information (including shipping address, email address and your first and last 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.  Information about your purchase (such as what you buy, where you buy, how frequently you buy and rewards you earn) will become part of your account and profile as maintained by Kirkland’s.  

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

    Other Communications. Scattered throughout the Sites and Services are links or forms that can be used to contact us 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 store information from email on file, but does not currently sell or license this information with third parties without express authorization from you.  

    Third-Party Social Media Sites. You may choose to provide Personally Identifiable Information through Social Media Platforms, including without limitation your name, phone number or address when you communicate with us or other participants on the Social Media Platforms, post suggestions or comments for us, or enter a sweepstakes or contest through the Social Media Platforms.  For example, if you post a comment on the Kirkland’s Facebook page or send us a message on Twitter, we may collect that information as described in this Privacy Policy and may link information about such interactions with other publicly available information included in your profile on such Social Media Platforms, such as your name, user ID, geolocation, purchase history, likes, networks, list of friends, and birthday.  This information will also become part of your profile or account as maintained by Kirkland’s. However, please note that this Policy does not cover the privacy and security practices of the social media sites on which Kirkland’s has pages, including without limitation Facebook, Twitter and Pinterest.  Please carefully review the privacy policies and terms of service on such third-party social media sites before using, visiting or interacting with others on such Social Media Platforms.  Please remember that any information you share on our pages or in general on Social Media Platforms becomes public information and you should exercise caution when deciding whether to disclose your personal information in such a manner.  In addition, when you interact with our Sites and Services by connecting to our Sites and Services through Social Media Platforms or third-party social media applications, sharing products or content through Social Media Platforms by sharing or liking such products or content, our third-party providers may combine information concerning such activities with other information about you such as your user name, gender, referring website, geographic location and other information obtained through other third-party websites you visit as well as your public profile(s) on such Social Media Platforms. Such information will also become part of your profile or account as maintained by Kirkland’s.

    Contests, Sweepstakes, Surveys and Promotions.  From time to time, Kirkland’s offers contests, sweepstakes and surveys through the Sites and Services.  If you choose to enter a contest or sweepstakes or answer a survey through the Sites or Services, you will be required to provide personal information, including without limitation your name, email address, mailing address and phone number and may be required to create an account and choose a username and password for such account.  Any information about your entry, submission or participation in a contest, sweepstakes, survey or other promotion through the Sites or Services also will become part of your profile or account as maintained by Kirkland’s.  

    Ratings & Reviews and Question & Answer Services.  When you use the Ratings & Reviews or Question & Answer services on the Sites and Services, we request that you create an account by providing personal information and creating a username and password if you do not already have an account established on the Sites and Services.  Any information you submit through the Ratings & Reviews or Question & Answer services will become part of your account as maintained by Kirkland’s. 

    Mobile Privacy.  Kirkland’s offers mobile applications (commonly known as “apps”) allowing customers to receive coupon and promotional offers, share information with friends, or receive other information from Kirkland’s.

2. How We Use Gathered Information

In addition to the uses described above, the information you share with us may be used as follows:

  1. Anonymous Information:  Anonymous Information is used internally for administration of the Sites and Services, troubleshooting, and to help improve the quality of the Sites and Services and their design.  We also use non-personally identifiable information to help analyze trends and statistics, protect the security and integrity of the Sites and Services, evaluate our online marketing campaigns, tailor our promotions or other offers to you, and to provide location-based services, such as suggesting the location of nearby physical Kirkland’s stores. We may share such aggregated, non-personally identifiable information, such as demographics, with existing and prospective business partners and advertisers. We also use cookies to collect product and purchase information from the pages you access or visit. This information may be combined with Personally Identifiable Information (such as demographic and past purchase information) from our records and other sources.  Such information about your use of the Sites and Services will become part of your profile as maintained by Kirkland’s.

     

  2. Personally Identifiable Information:  Personally Identifiable Information collected by Kirkland’s may be used for purposes including administration of the Sites and Services, account registration and maintenance, communications with you, processing your orders and answering your questions regarding the status of your order.  For example, we may use information about you to take actions in response to your inquiries or other activities on the Sites or with the Services, post your comments or reviews or other statements, and send you personalized promotions and offers.  In addition, we may from time to time contract with third parties to assist us in collecting, maintaining and managing our customer information, taking and fulfilling orders, processing credit card information, conducting promotions for our merchandise, suggesting store locations nearby, communicating effectively with our customers, and providing analytics regarding your interactions with our Sites and Services and other third-party websites so that we may improve the products and services we offer you.  For example, we contract with service providers to serve ads on our behalf across the Internet.  They collect information about your visits to and use of our Sites and Services. They also may use information about your visits to our Sites and Services and other websites to target advertisements to you for our products and services. These targeted advertisements to you may appear on our Sites or on other websites that you visit.  Please click here to learn more about your choices regarding targeted and behavioral advertising: http://www.networkadvertising.org/ or http://www.aboutads.info/.  To opt out, please click here http://www.networkadvertising.org/managing/opt_out.asp or http://www.aboutads.info/choices/. In all cases, however, we will only use your information as permitted by law.

    If you choose to access our Sites and/or Services while you are logged into your account with a Social Media Platform, our third-party providers may collect certain information about your activities and profile on such Social Media Platform, including without limitation your visits to and conversations and comments about specific pages, products and services, shares and referrals you make for specific pages, products and services, and your purchases of specific products or services.  This information may be combined with other information available on your profile on Social Media Platforms, including without limitation your name, profile picture, gender, networks, user ID, list of friends, birthday, likes and preferences, education history, work history, current city, hometown, interests, relationship status and any other information you have made available on the Social Media Platforms and will become part of your profile as maintained by Kirkland’s.

    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 and/or Services.

Your opt-out request may take up to 10 business days to process, and you may receive communications from us or our third-party service providers in the meantime.  Please note that if you make subsequent purchases from our Sites or Services, we will confirm your order by email, and we may need to contact you by phone or email in order to fulfill your order.

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 and Interactive and Mobile Services incorporate reasonable safeguards to protect the security, integrity and privacy of the personal information we collect via the Sites and Interactive and Mobile Services.  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 or Social Media Platforms 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 or Interactive and Mobile Services.

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 Sites or Services 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 or Services only with the involvement and consent of a parent or guardian.

7. External Links

The Sites and Services 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 Services 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 or Services 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 or Services and a third-party website or application, 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 or application that is linked to from our Sites or Services, we encourage you to consult that website's or application’s privacy policy before providing any personal information and whenever interacting with any website or application.

8. Consent and Modifications to Privacy Statement

The Sites and Services are controlled, operated and administered entirely within the United States.  By using the Sites or Services, 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 or Services.  This Policy and the use of the Sites and Services are governed by Tennessee law.  Any claim related to the Sites, the Services 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 or Services 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 and Services. 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 or Services.  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