Terms & Conditions

Terms & Conditions

These terms and conditions (“Terms and Conditions”) set forth the terms and conditions that apply to the use by you of the website (the “Site”) of Oceans Chic (“Oceans Chic”, “we” or “us”).  Oceans Chic may change these Terms and Conditions from time to time, at our sole discretion, so we encourage you to check for updates when you visit this Site. By using this Site you are agreeing to these Terms and Conditions.

General Terms

Use of the Site is restricted to your personal use and to make online purchases from Oceans Chic. You shall not use this Site for any other purpose.

These Terms and Conditions will continue as an agreement between you and Oceans Chic until terminated by us, which we may do for any reason without notice to you. The restrictions we have imposed upon you regarding copying or downloading information, and any disclaimers, limitations or liabilities expressed in these Terms and Conditions will survive the termination of this agreement.

These Terms and Conditions stated herein, the Terms and Conditions of Purchase and Sale and our Privacy Policy contain the entire agreement between you and Oceans Chic relating to your use of the Site, supersede all prior or concurrent communications and proposals, in any form, between you and Oceans Chic. No other terms or conditions apply. We may change or add to these Terms and Conditions from time to time without notice to you, so we encourage you to review these Terms and Conditions from time to time and in any event each time you visit the Site.

You agree not to introduce into or through this Site any information, content or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

Intellectual Property

Oceans Chic owns (or has the right to use) all content on this Site and all intellectual property rights therein, and all such content is protected under copyright law. Any use of the content on this Site in whole or in part, including but not limited to adapting, displaying, distributing, publishing, storing in a retrieval system, transmitting, converting, copying or issuing copies, lending or reproducing the content in any other form or by any other means whatsoever, whether electronic or otherwise, and including making the same available to or via the internet or wireless technology or authorizing any of the foregoing without the prior written consent of Oceans Chic, is strictly prohibited.

You agree that if you upload any content to our Site, including text, commentary, images, photos, videos, music and/or recordings, you are deemed to have granted to Oceans Chic a non-exclusive, royalty-free, worldwide, unrestricted, irrevocable and unlimited right and permission, but not the obligation, to utilize, distribute, publish, exhibit, digitize, broadcast, display, reproduce, prepare derivative works of, and otherwise exploit such uploaded content in any and all manner and media throughout the world and in perpetuity in connection with the promotion, contest or event to which such upload relates (and you agree to provide such releases and waivers as are associated with such promotion, contest or event), and any other uses deemed by Oceans Chic in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives. You understand that any such media may be edited in the sole discretion off Oceans Chic.

Oceans Chic and any future affiliated or related companies and brands trademarks and design marks (collectively, the "OC Marks"), are trademarks or registered trademarks of Oceans Chic and the property thereof. All other product, brand and company names and logos used, displayed or referenced on this Site may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks, including the OC Marks, appearing on this Site without the express written consent of the owner of the trademark is strictly prohibited. All rights reserved.

 

Disclaimer

THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.  OCEANS CHIC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE CONTENT OF THE SITE (INCLUDING ANY INFORMATION, IMAGES, PHOTOS, VIDEO, MATERIAL OR DOWNLOADABLE CONTENT ACCESSED FROM OR THROUGH THE SITE) WILL BE ACCURATE, UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, THAT VIRUSES OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR SERVER UPON WHICH IT RESIDES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL OCEANS CHIC, ITS AFFILIATED COMPANIES OR BRANDS AND ANY FUTURE AFFILIATED COMPANIES AND BRANDS OF OCEANS CHIC, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SITE, THE MATERIALS OR CONTENT ON THE SITE, A DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Indemnity

By using the Site, you agree to indemnify and hold Oceans Chic  (including its officers, directors, agents, affiliates, employees, representatives and third party service providers) harmless from any and all claims, demands, losses, liabilities and damages (actual and consequential) of any kind or nature, known and unknown, including reasonable legal fees (collectively, “Claims”), arising out of or in connection with your use of the Site, including but not limited to any violation by you of the Terms and Conditions, any law or the rights of any third party.

Anti-Spam

We do not use this Site to disseminate spam. E-mail messages sent in connection with this Site will contain an “unsubscribe” or “opt-out” link. You acknowledge and agree that you will not hide, disable or remove any opt-out or unsubscribe link from any e-mail. You shall not use this Site to disseminate spam.

Control of Your User ID and Password

You are responsible for all actions you take with your User ID and Password, including fees charged to your account. Therefore, we recommend that you NOT disclose your User ID or Password to any third parties. If you choose to share your User ID and Password with any third parties you are responsible for all actions taken with your account. If you lose control of your User ID and Password, you may lose control over your personal information and may be subject to legally binding actions taken using your User ID and Password.

Our links to other sites

Our Site may offer links to other websites for your information and convenience. If you use one of these links you will leave our Site. Our Privacy Policy and Terms and Conditions do not apply to those sites that are linked to this Site. Other websites have their own terms of use and privacy and security policies. Oceans Chic is not responsible for and expressly disclaims any responsibility or liability associated with your use of any such other websites. If you choose to visit one of these websites, you should review the policies that govern that particular website.

In addition, our Site may include content that is streamed by our Site but hosted or made available by third parties. Oceans Chic is not responsible for, and expressly disclaims any responsibility or liability associated with, your use of any such content. If you choose to view such streamed content, you should review the policies that govern such content.

Governing Law

This Site is controlled and operated by Oceans Chic from Toronto, Ontario, Canada. You agree that your use of the Site is governed by the laws of the Province of Ontario, Canada without giving effect to any principles of conflict of law. You agree that any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this Site, any use of this Site and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this clause shall be brought exclusively in a court of competent jurisdiction in Ontario, Canada.

We have made all reasonable attempts to comply with all legal requirements known to us in creating and maintaining the Site, but make no representation that any materials or content on the Site are necessarily acceptable, appropriate or available in any jurisdiction. If you choose to access the Site from any location other than Canada you do so of your own volition and you are solely responsible for complying with any applicable local laws. If any part of these Terms and Conditions are invalid or unenforceable for any reason whatsoever under applicable law, the invalid or unenforceable provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.

Injunctive Relief and Provisional Relief

Oceans Chic shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information.

 

Terms and Conditions of Purchase and Sale

These Terms and Conditions of Purchase and Sale (“Agreement”) sets forth the terms and conditions that apply to the purchase of products, content and/or services (the “Products”) from Oceans Chic using the Oceans Chic website (the “Site”).  Oceans Chic may change these terms and conditions from time to time, so we encourage you to review it periodically and to check for updates each time you make a purchase or are shopping on-line.

The terms “you” and “your” refer to the purchaser of Products using the Site.

PLEASE READ THIS AGREEMENT CAREFULLY! BY USING THIS SITE TO MAKE ON-LINE PURCHASES OF PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND BECOME BOUND BY ITS TERMS. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS AGREEMENT ALSO CONTAINS A GOVERNING LAW AND INJUNCTIVE RELIEF CLAUSE.

AS FURTHER DISCUSSED BELOW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, OCEANS CHIC DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCTS YOU MAY PURCHASE FROM THIS SITE AND OCEANS CHIC LIABILITY IS LIMITED AS PROVIDED HEREIN.

SALES IN CANADA AND U.S. ONLY

 

Oceans Chic sells and ships its merchandise ordered through this Site only within Canada and the United States. We will only ship to a Canadian or United States address.  We reserve the right to refuse an order if the particulars of the order and payment requirements do not satisfy our purchase and delivery conditions.

PRICE, PAYMENT AND SHIPPING PRICE

All prices quoted are payable in Canadian Dollars. Taxes and shipping are extra depending on the delivery address and are displayed during check-out and in the Order Confirmation. Although Oceans Chic strives to provide accurate product and pricing information, errors may occur. Oceans Chic reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. Oceans Chic cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of the provisions above, in the event that the price or related information for a Product (as described on the Site and/or the Order Confirmation) is incorrect due to an error in pricing or product information, Oceans Chic may, at its sole discretion, refuse or cancel your order, whether before or after Oceans Chic’s acceptance thereof. If there is such an error in pricing, Oceans Chic will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.

Payment Method

 

Oceans Chic accepts Visa, MasterCard, Amex, Diners Club, and JCB for payment of purchases made through this Site. The cardholder must be the person who places the order.  When we receive your order, we will verify your billing address to ensure that it matches the address which you have provided to us. Oceans Chic does not retain your credit card number following authorization by the financial institution issuing the credit card. We do retain the authorization number for the transaction in case you wish to return the purchase for a credit.

Credit Card Security

We value your security and privacy with all online transactions. We use Secure Sockets Layer (“SSL”) technology to protect the security of your credit card information as it is transmitted to us.  SSL is the industry standard for secure commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including credit card number, name and address. Nevertheless, there are certain risks associated with using the Internet. Please see the disclaimer below. Additionally, while we implement the above security measures on this site, you should be aware that 100% security is not always possible.

Shipping Terms

Oceans Chic ships to Canada and the U.S. only.  We ship with Canada Post Standard, Priority or Expedited Shipping services. The preferred speed of service can be chosen at checkout and the associated speed and price will be displayed in your shopping cart prior to purchase.

CONSENT TO USE OF ELECTRONIC DOCUMENTS

You hereby consent to the exchange of information and documents between you and Ocean Chic over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by Ocean Chic as indicated below) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

PRODUCT AVAILABILITY

The availability of certain Products may be limited, and Products may not be available for immediate delivery. Oceans Chic may revise or cease to make available any Products at any time without prior notice. In the event that Oceans Chic is unable to deliver you a Product ordered due to lack of availability, Oceans Chic will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that Oceans Chic may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.

OWNERSHIP; RISK OF LOSS

All Product(s) purchased from Oceans Chic are delivered to you by a third party delivery company such as Canada Post or Federal Express, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by Oceans Chic of the Product(s) to the third party delivery company. The shipment of such Products shall be governed by the third party delivery company’s shipping terms and conditions and any insurance that such company may have in respect of such shipment. Oceans Chic EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH ANY DAMAGE TO THE PRODUCT DURING SHIPMENT OR ANY FAILURE OF THE THIRD PARTY DELIVERY COMPANY TO DELIVER SUCH PRODUCT OR ANY DELAY IN SUCH DELIVERY.

RETURNS

 

All Product returns are subject to the Oceans Chic Returns Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.

PERSONAL INFORMATION AND CREDIT CARD INFORMATION

Oceans Chic collects, stores, uses and discloses your personal information and credit card information in order to process your purchase and for delivery of the Products to you. Your personal information is collected, stored, used and disclosed in accordance with our Privacy Policy listed below.  While we use reasonable efforts to protect your personal information as more particularly set out in our Privacy Policy, we cannot ensure or warrant the security of any information you transmit using the Site. Please keep this in mind when providing information through the Site. We cannot be responsible for Internet fraud or theft.

EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

IF YOU RESIDE IN A JURISDICTION WHERE THIS SECTION OR PARTS HEREOF MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION DOES NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW. PLEASE READ THIS ENTIRE SECTION CAREFULLY. CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE FOLLOWING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS DO NOT APPLY TO RESIDENTS OF QUEBEC.

EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, Oceans Chic DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.  IN NO EVENT WILL Oceans Chic BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY Oceans Chic OR OTHERWISE RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE SITE, EVEN IF Oceans Chic OR ANY OF THEIR LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL Oceans Chic’s TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL Oceans Chic BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, Oceans Chic’s CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF Oceans Chic.

 

PRIVACY POLICY

Oceans Chic respect your right to personal privacy.

 

This Privacy Policy (“Privacy Policy”) describes our privacy practices. When you use our website(s) (“Site”), visit our stores; register with us; or purchase a product online or in one of our stores, we may collect, store, use and disclose your personal information in accordance with this Privacy Policy. We may change or add to this Privacy Policy, so we encourage you to review it periodically and to check for updates when you provide us with additional personal information.

 

We have included in this Privacy Policy details related to how we collect, store, use and protect the information you decide to provide to us. This Privacy Policy identifies:

  • why we collect your personal information;

  • the information that is collected by us;

  • how we use and store your information;

  • how we may share your information; and

  • how you may contact us.

 

You can visit our Site without identifying yourself or providing any personal information. At certain times, however, we may ask you to provide certain personal information for the purposes set out in this Privacy Policy, including, but not limited to, when you voluntarily sign up through our Site to elect to join our email list(s).

 

We allow you to control how we contact you. We will respond to your customer inquiries using the contact information that you provide to us. We may send you promotional material by mail, Facebook, Twitter, Youtube, Flickr, Tumblr, Vimeo, Pinterest, Instagram, e-mail, text message (SMS), mobile communication device, telephone or other means. This Privacy Policy explains how you can control how we contact you.

 

Unsolicited Emails and Telephone Calls

 

Please do not share/send personal information (and particularly financial/credit card information) in response to any unsolicited e-mail or phone call that appears to come from us or our affiliated companies or brands. We will not contact you and ask for such information; such information is only submitted when completing an order.

 

Why do we collect your personal information?

 

We collect information from you in order to provide you with an interesting, safe, convenient and personalized online shopping experience and for the other purposes set out in this Privacy Policy. We may retain certain personal information in order to improve the personalization of your subsequent visits. We also collect information from you in-store and on-line to comply with our legal and contractual obligations and to facilitate transactions. We also collect personal information to assist us in preventing, deterring and detecting criminal activities and other wrongful conduct on our premises and on-line. With your express or implied consent, we may collect your personal information to use for promotional purposes.

 

What personal information do we collect?

 

Information about you

 

We receive and may retain various information voluntarily given to us by you when you visit our Site, make a purchase on-line or in our stores using your credit card or debit card, register online, purchase a membership, take part in a special promotion, register to receive newsletters or promotional material, apply for employment with us or when you provide any other information or unique preferences to us for the purposes listed in this Privacy Policy. This information may include:

  • your name, address (including postal/zip code) and phone number;

  • your date of birth;

  • your e-mail address;

  • your IP address;

  • your credit card and other financial information;

  • proof of your identity; and

  • any other information that you may voluntarily provide through the Site or other means, including through Facebook, Twitter, Youtube, Flickr, Tumblr, Vimeo, Pinterest, Instagram, any sort of mobile communications device or any other social media.

 

We may also receive information about you from other sources in compliance with applicable privacy legislation, such as updated address information, financial and credit history information in connection with payment processing, or previous employment related information. This information may help us to improve our ability to service your needs such as ensuring the accurate delivery of mailed materials.

 

Location limitation of our offer of products or services

 

We do not purposefully offer products or services to anyone outside of North America. Further, to sign up for our e-mail list in one of our stores, unless you sign-up online, a Canadian or US phone number is required, and only individuals with a Canadian or US phone number can sign up for our e-mail list.  If you sign-up for our e-mail list from outside our Site, however, you will be asked to provide your email address, which could contain personally identifying identifiers so you will be asked to expressly consent to us collecting and using this information. 

 

For purposes of EU users, we process information as both a Processor and Controller, depending on the circumstances, as those terms are defined in the Privacy Directive and the GDPR. We adhere to the Directive or 1995 and the GDPR from May 25, 2018 regarding the collection, use, and retention of Personal Information from EU member countries and Switzerland. The Company adheres to the requirements of notice, choice, onward transfer, security, data integrity, access, and enforcement as further set forth in this Policy.

 

We process all data provided by our users with accounts in our European Data Region in the European Economic Area (EEA) in Canada and/or the United States.

 

Information about others

 

The information we collect might also include information you provide us about other people. For example, you may provide us with the name and address of a merchandise gift or gift card recipient. When you provide us with personal information about the intended recipient of a shipment, we use that information for the purposes of processing the shipment and, in some cases, to communicate with the intended recipient to provide information pertaining to the status of the shipment. We rely on you to obtain the intended recipient's consent to our use of the personal information for these limited purposes.

 

Cookies and other digital markers

 

When you visit or interact with us, we and our third party service providers may use technologies that automatically collect information about how you access, navigate and leave our Site. For example, we will collect information on what other website you came to before visiting the Site, what browser type and operating system you are using, the internet protocol (IP) address you are accessing the Site from, the pages you are navigating through and what website you go to after visiting our Site. In general, we do not associate this type of information with personal information about you except in the case of an investigation into our website security.

 

Some of our Site and promotional communications use cookies, pixel files and other digital markers. A cookie is a small data file of information offered to your computer by web servers to keep track of your browser as you navigate our Site. Using this information, we learn how you interact with our Site, how we can improve the design and content of our Site, and how to improve your experiences. We do not use cookies to access personal files on your computer.

 

Our Site may use pixels files and cookies to manage our on-line advertising programs. Pixel files and cookies may keep track of your browser so that you will be recognized when you visit other website. We also use pixel files to determine when you have opened a promotional communication from us. These pixel files are generally valid for a limited number of days and are provided by our ad management providers. Our ad management providers use these pixel files and cookies to populate an advertisement for us when you visit certain other websites.

 

This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the Site analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States and elsewhere. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to Site activity and internet usage.

 

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however please note that if you do this you may not be able to use the full functionality of this Site.

 

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject any cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

 

You may also opt-out of network advertising programs that track your activities across multiple websites to deliver personalized advertising content to you. Please visit Digital Advertising Alliance of Canada Opt-Out Page, NAI Opt-Out Page and the Ad Choices Opt-Out Page.

 

These websites provide tools that identify member companies that have cookies on your browser and provides mechanisms to opt-out of those cookies. You will still receive other types of advertising from participating companies; however, it will not be based on your interests. Deleting browser cookies can remove your opt-out preferences, so you should use these tools periodically to ensure that your preferences are up-to-date.

 

How we use your personal information

 

Shopping

 

We use the personal information that we collect to provide you with an enjoyable and increasingly personalized shopping experience. We may use the information to:

 

  • process and fulfill your order and complete your transaction, when you make a purchase;

  • provide you with important product information;

  • deliver merchandise that you purchase online;

  • register you online for email advertisements and other information;

  • facilitate payment for your purchases;

  • confirm your orders and delivery information;

  • respond to your customer service inquiries or requests;

  • determine your preferences and interests to improve the quality of our services;

  • provide you with information about special offers, events and contests;

  • provide you with advance notice of new arrivals, promotions and store openings;

  • process any product returns;

  • help us identify and address any problems with our Site or services;

  • protect the security and integrity of our Site, our stores and our business;

  • fulfil the purpose for which you provided it;

  • enable us to address our risk management and related purposes; and

  • fulfill other purposes for which we have obtained your consent.

 

We will also use the information we collect from you to improve the quality of our services in-store and on-line and to enhance the quality of the experience that you have when visiting us in our stores and on-line.

 

Newsletter and Promotional Material

 

If you decide to subscribe to our newsletter or for SMS communications, we will use your personal information to send you certain correspondence, whether electronically or via direct mail, including but not limited to surveys, promotional information and offers, upcoming in-store or online sales, product information and contests.

 

We also may use your date of birth and postal/zip code for promotional purposes. For example, we may send you special offers on or around your birthday or information about a new store opening in your area. In addition, we may use your IP address to determine your geographical location, in order to customize the promotional material we may send to you from time to time.

 

Contests

 

When you provide us with personal information in connection with a contest, we will use that information in connection with the administration of contests and other purposes disclosed in the contest entry rules. We may disclose your personal information to third party contest administrators or other sponsors of those contests, as well as applicable regulators, if required. Each contest has its own separate terms and conditions relating to the collection, use, storage and disclosure of your personal information, so please read those terms and conditions carefully when entering any contest that we may run.

 

Our Service Providers and Government

 

Certain business services are performed on our behalf and at our request by other companies. We may securely share your information with such other companies that perform services for us, such as hosting, data and promotional service providers and printing companies. To perform these services, these companies may, at times, utilize some of the personal information you have provided to us, and such use shall be governed by the terms and conditions of this Privacy Policy and the contracts we have in place with those entities. Your personal information is used solely for the purposes we have requested of these third party companies, such as maintaining our database, administering and monitoring e-mails, displaying offers and contest administration.

 

We may also share your personal information with governmental agencies or other entities, including credit reporting agencies, assisting us in fraud prevention or investigation or where we are required or permitted to do so by law or contract. We may do so when trying to protect against or prevent actual or potential fraud or unauthorized transactions, or investigating fraud that has already taken place. In addition, we may disclose your personal information to third parties who you have authorized to obtain that information. For example, when you make a purchase by credit card, we will forward certain information to your credit card provider in the course of processing that transaction.

 

Sharing within our Organization or a Potential Purchaser

 

If you have consented to receive promotional materials, we may send you information about our related and affiliated brands, and their products and services. We may share your personal information with related and affiliated companies in accordance with the terms of your consent.

 

Information we collect from you may be shared between all points of contact with us if it is necessary to share that information for the purpose for which we collected it. Those points of contact include employees in our stores, customer service representatives and individuals involved in online and other purchase fulfillment.

 

In the event that our business is sold to or merges with another company, we may disclose your personal information to the purchaser or the new company.

 

How we protect and store your personal information

 

Your personal information will be kept confidential. It is stored and processed on computers located in Canada and the United States of America maintained by our third-party service providers, though some of our vendors who process data may also store data as they see fit. Your personal information will be subject to the laws of those jurisdictions, including laws that allow for law enforcement access. These laws may be different from the laws of the jurisdiction in which you reside. We use administrative, procedural and technical safeguards to protect your information against loss or theft as well as against unauthorized access or disclosure in order to protect your privacy. These protections include firewalls and encryption.

 

We use Secure Sockets Layer (SSL) technology to protect the security of your credit card information as it is transmitted to us. SSL is the industry standard for secure online commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including your credit card number, name and address.

 

While we use reasonable efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit using the Internet, third party digital networks, websites, mobile devices, the Site or any social media platform.

 

We cannot be responsible for Internet fraud or theft. Please keep this in mind when providing information through the Site.

 

EU USERS ONLY: Access to Your Information and Exercising Data Subject Rights

For purposes of EU users, you have the right to request access your Personal Information. Upon request, and within 30 calendar days, we will provide you with information about whether we hold, or process on behalf of a third party, any of your information; the categories of information concerned; the recipients or categories of recipients to whom information has been or will be disclosed (in particular recipients in third countries or international organizations); and  where possible, the envisaged period for which the information will be stored, or, if not possible, the criteria used to determine that period. In addition, we will take reasonable steps to permit customers/users to correct, amend, or delete their personal information. To request this access, please contact as using the information set out below.

 

We may retain your information for as long as needed to provide you with our services, to comply with our contractual or other legal obligations, pursuant to applicable data retention and destruction laws, to resolve disputes, and/or to enforce our agreements.

 

If you believe that the information we have about you is incorrect, you are welcome to contact us so we can update it and keep your data accurate. Any data that is no longer needed for the purposes specified in the Information relevant “What personal information do we collect” provision above, will be deleted. If any point you wish for us to delete information about you, you can simply contact us.

 

You also have the right to request rectification or erasure of your information or restrictions on processing of information concerning you or you may object to such processing.        

 

You have the right to obtain without undue delay the rectification of inaccurate information. Taking into account the purposes of the processing, you have the right to have incomplete personal information completed, including by means of providing supplementary information by way of statement or otherwise.

 

To exercise any of your data subject rights, including, but not necessarily limited to your right of access, rectification, transfer, portability, restrict processing, erasure or right to object to processing, contact us using the information set-out below.

 

How long do we retain your Personal Information?

 

We retain your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. Your consent to such purposes(s) remains valid after any termination of our relationship with you.

 

When you make a purchase online through our Site, we will not retain your credit card information after the purchase has been authorized by the appropriate financial institution. We retain the authorization number provided at the time of authorization in order to deal with credit which might be requested in the event that the purchased item is returned.

 

If you visit a store that is monitored by video security, we may temporarily capture your image for security purposes. Security recordings are only reviewed in the event of an incident and are overwritten after a reasonable period of time.

 

Data Security

 

We have implemented reasonably and appropriate security measures designed to secure your information and protect it from accidental loss, misuse, unauthorized access, use, alteration and disclosure.

 

All data collected by us through the Site will be stored in secure hosting facilities in Canada and the United States, though some of our vendors who process data may also store data as they see fit. We have data processing agreements in place with our processors to ensure compliance with the Directive and the GDPR. All hosting is performed in accordance with the highest security regulations. All transfers of data from the EEA to Canada and/or the United States is done in accordance with the Personal Information Protection and Electronic Documents Act (“PIPEDA”). 

 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

 

Please be aware that you are sending information (including personal information) to Canada and/or the United States where our servers are located. That information may then be transferred within Canada and/or the United States and/or to other countries outside your country of residence, depending on the type of information and how it is stored. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Information will at all times continue to be governed by this Privacy Policy.

 

Children and this Site

 

We will not knowingly collect or retain any personal information of visitors to our Site who are under the age of 13, unless we obtain parental or legal guardian consent. We do not use an application or other mechanism to determine the age of users of the Site. If you are under 13, do not use or provide any information on this Site or on or through any of its features. All information provided to us will be treated as if it was provided by an adult. If we learn we have collected or received personal information from an individual under the age of 13 without verification of parental consent, we will use commercially reasonable efforts to delete that information associated with a minor as soon as practicable. If you believe we might have any information from or about a child under 13, please contact us at the contact information below.

 

Exercising your options about receiving promotional communications

 

We want to communicate with you only if you want to hear from us. If you do not want to receive communication or promotional information you can:

 

E-mail us at: cs@oceanschic.com

 

Use the UNSUBSCRIBE link found in every electronic message you receive.

 

Our links to other sites

 

Our Site may offer links to other websites. Other websites have their own terms of use and privacy and security policies. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM AND EXPRESSLY DISCLAIM ANY LIABILITY ASSOCIATED WITH HOW SUCH THIRD PARTIES COLLECT, STORE, USE OR DISCLOSE YOUR PERSONAL INFORMATION. If you choose to visit one of these websites, you should review the privacy policies that govern those particular websites.

 

In addition, our Site may include content (including through social media platforms or applications) that is streamed by our Site but hosted or made available by third parties. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM AND EXPRESSLY DISCLAIM ANY LIABILITY ASSOCIATED WITH HOW SUCH THIRD PARTIES COLLECT, STORE, USE OR DISCLOSE YOUR PERSONAL INFORMATION. If you choose to view such streamed content, you should review the privacy policies that govern such content.

 

Contacting Us

 

If you would like additional information or have questions about our Privacy Policy or personal information management practices, or if you want to access the personal information that we have collected about you, or if you do not want to receive promotional material from us or if you wish to update or correct your personal information, please contact our privacy officer by email or by mail at the addresses above.

 

For further questions and concerns, please contact us.

 

Changes to Our Privacy Policy

 

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Site’s home page. If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the primary e-mail address specified in your account and through a notice on the Site home page. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Site and this privacy policy to check for any changes.

, divisions of YM Inc. (Sales) (“we” or “us”) respect your right to personal privacy.