Privacy & Security

Effective Date: 2/3/2025

1. Collection of Information

Eichholtz Manhattan ("Company," "we," "us," or "our") collects personal data from users ("you," "your") when you register on our website, place an order, or subscribe to our newsletter. The types of information collected may include, but are not limited to:

  • Full name
  • Email address
  • Mailing address
  • Telephone number
  • Payment information (processed exclusively through secure third-party payment providers)

Users may access the website anonymously; however, certain features may require the voluntary submission of personal data. By providing such information, you acknowledge and consent to its collection, storage, and processing in accordance with this Policy.

2. Purpose and Use of Collected Information

The Company shall use collected information exclusively for legitimate business purposes, including but not limited to:

  • Customization of User Experience: To optimize content and service offerings based on individual preferences.
  • Website Enhancement: To analyze trends, evaluate performance, and improve operational efficiency.
  • Customer Service and Support: To respond to inquiries, process orders, and fulfill contractual obligations.
  • Transactional Processing: To facilitate secure payment transactions and order fulfillment.
  • Marketing and Communication: To disseminate promotional content, updates, and other relevant information via electronic communication, subject to user opt-out rights.

The Company does not sell, lease, or distribute users' personal information to unauthorized third parties.

3. Data Security Measures

The Company implements commercially reasonable security measures to safeguard users' personal data, including:

  • Secure Socket Layer (SSL) encryption for data transmission.
  • Restriction of access to personal data to authorized personnel only.
  • Compliance with Payment Card Industry Data Security Standard (PCI DSS) for payment processing.
  • Secure deletion of stored payment data within [60] days post-transaction.

While the Company endeavors to maintain a secure environment, no method of electronic storage or transmission is entirely secure. By using this website, you acknowledge and accept the inherent risks associated with online transactions.

4. Cookies and Tracking Technologies

The Company employs cookies and similar tracking technologies to enhance user experience, including:

  • Session tracking and authentication mechanisms.
  • Storage of user preferences for optimized functionality.
  • Analytical insights to monitor and improve website performance.

Users may disable cookies via browser settings; however, such actions may impair website functionality.

5. Disclosure of Information

The Company shall not disclose, sell, rent, or transfer personal data to third parties except under the following circumstances:

  • Legal Compliance: When required to comply with applicable laws, court orders, or governmental regulations.
  • Service Providers: To third-party vendors who facilitate website operations, order fulfillment, and payment processing, subject to confidentiality agreements.
  • Protection of Rights: Where disclosure is necessary to enforce Company policies, prevent fraud, or safeguard the rights, property, or safety of the Company, users, or third parties.

Non-personally identifiable user data may be shared for analytics, advertising, or business development purposes.

6. Compliance with Privacy Laws

The Company adheres to applicable privacy laws and regulations, including but not limited to:

  • California Online Privacy Protection Act (CalOPPA): The Company does not distribute users' personal information without consent.
  • Children’s Online Privacy Protection Act (COPPA): The Company does not knowingly collect or process information from individuals under the age of 13.

Users accessing this website from jurisdictions with additional privacy protections may be subject to those respective laws, and the Company shall comply with such obligations as required.

7. Prohibition on Unauthorized Resale

  • Users are strictly prohibited from purchasing products from the website for resale without prior written authorization from the Company. Unauthorized resale includes, but is not limited to, the distribution of products through personal websites, third-party marketplaces, online auctions, or physical retail establishments.
  • The Company reserves the right to take legal action against any individual or entity engaged in unauthorized resale. Such actions may include, but are not limited to:
    • Seeking injunctive relief;
    • Assessing financial penalties;
    • Pursuing damages and any other remedies available under applicable law.
  • Reseller Authorization: Prospective resellers must obtain prior written approval from the Company and execute a formal reseller agreement outlining rights and obligations.

8. Limitation of Liability and Indemnification

To the fullest extent permitted by law, you acknowledge and agree that:

  • The Company, its affiliates, officers, directors, employees, and agents shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages arising from or related to the use of this website, including but not limited to system errors, website downtime, data breaches, or unauthorized access to personal information.
  • The Company disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from your violation of this Policy or misuse of this website.
  • Force Majeure: The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, cyberattacks, governmental actions, labor strikes, or supply chain disruptions.

9. Amendments and Modifications

The Company reserves the right, at its sole discretion, to amend, update, or modify this Privacy & Security Policy at any time. Changes shall be posted on this page, and continued use of the website following such modifications constitutes acceptance of the revised terms.

10. Governing Law and Dispute Resolution

This Privacy & Security Policy shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles.

  • Any disputes arising under this Policy shall be exclusively resolved through binding arbitration in New York County, New York, in accordance with the rules of the American Arbitration Association (AAA).
  • The prevailing party in any arbitration or legal proceeding shall be entitled to recover reasonable attorneys’ fees and costs incurred.

11. Contact Information

For inquiries regarding this Privacy & Security Policy, please contact:

Eichholtz Manhattan
144 W 18st, NYC 10011
chelsea@eichholtzmh.com
646.360.3728