OUR POLICY REGARDING YOUR PERSONAL DATA

The use of your personal data will not exceed the original purpose for which your personal data was collected and/or processed. Although the Site is a general audience site, no part of our website is targeted to anyone under 13 years of age, and we do not collect or maintain information from anyone we actually know is under 13 years of age. We ask that children under the age of 13 do not submit information to us or peruse the Site without the consent and supervision of their legal guardian.

PROCESSING AND DISCLOSURE OF PERSONAL DATA

For operational purposes, markdavis.com has appointed and/or retained certain entities that will also process the personal data of users and customers of the Site. Such purposes are directly connected to the performance of services provided on the Site, including the sale of products and services. The data processors selected by markdavis.com have been chosen in part because of their experience and expertise in processing personal data as well as their sufficient guarantees with respect to compliance with applicable laws and regulations as well as the technical security measures adopted by them in connection with the processing of personal data. In processing personal data of the users of the Site, your personal data may be disclosed to third parties in order to (1) comply with applicable laws, (2) respond to governmental and judiciary inquiries, (3) comply with valid legal process, (4) protect the rights or property of markdavis.com and (5) to securely facilitate financial transactions, including the verification of your personal identity, and supplied address(es).

Any third-party information disclosed to markdavis.com in accordance with this Privacy Policy will not be used for any purpose other than as required to technically operate the service, to complete a transaction, or as otherwise required or permitted by law. In the event there is a change in the corporate structure of markdavis.com, including, without limitation, by merger, consolidation, sale, liquidation, or transfer of assets, markdavis.com may, in its sole discretion, transfer, sell or assign personal data collected on and through the Site, including, without limitation, personally identifiable information and aggregate information concerning users and customers, to one or more affiliated or unaffiliated third parties.

USE OF PERSONAL DATA AND PURPOSE OF USE

Your personal data is collected and processed by markdavis.com and/or its affiliates, agents and contractors for purposes which are strictly connected to the use of the Site, its services and the purchase of products on the Site. We do not share our e-mails lists with third parties for marketing purposes. However, your personal data may be used for other processing operations within the limits of such purposes. In particular, your personal data may be processed for the following purposes: (1) when you register with the Site we may collect your personal data (for example, your personal information, user ID and password, e-mail address, gender) through the relevant registration form in order to provide you with services in reserved access areas of the Site; (2) when you are executing purchasing procedures for products sold on the Site, including conclusion of an agreement for the purchase of products, we collect your personal data (for example, personal information, e-mail address, address, credit card number, shipping address, billing address and telephone number) on your order form only for the purpose of selling the products ordered by you; (3) when you request technical assistance, we collect your personal data in order to provide you with information on web browsing, Internet browsing or viewing and downloading web pages; (4) Your personal data is stored in a way which allows markdavis.com to identify you for the period that is strictly necessary for the original purposes for which such personal data is collected and subsequently processed, all in accordance with applicable U.S. laws.

Your personal data will not be disclosed to third parties for purposes not permitted by law or without your explicit consent. Your personal data may only be disclosed to third parties when it is necessary to process an order placed by you. Moreover, your personal data may be disclosed to the police or to judicial authorities, in compliance with applicable laws and regulations and upon a formal and valid request by such authorities for the purposes of preventing a fraud against us or our affiliates or agents (anti-fraud services.) In all the above circumstances, your consent for data processing will not be specifically requested. You can also access most areas of the markdavis.com website and browse the pages without disclosing your personal data.

We wish to inform you that markdavis.com processes its users' personal data for purposes that are connected to the supply of services through the Site, the execution of contracts related to the sale and purchase of Mark Davis products or services and/or other products on the Site and/or in the stores or websites of our authorized retailers, and after receiving your consent, in order to send you information on new commercial initiatives which are strictly related to new commercial activities and services related to the Mark Davis world.

markdavis.com may have access to third parties' personal data which is directly disclosed by its users to markdavis.com, for instance when the user buys a product to be sent to a third party, when the user who pays the purchase price for a product is different from the recipient of such product. In all cases involving the disclosure of information of a third party, you must obtain the consent of such individuals before disclosing their personal data to markdavis.com and have informed said individuals about this Privacy Policy. You will be the only person liable in connection with the disclosure of information and data relevant to such third parties and with any other incompatible and unlawful use of such data if they have not provided you with their consent.

You agree to indemnify, defend and hold markdavis.com harmless from any liability, loss, claims and expenses, including reasonable attorneys' fees, arising from or related to any unauthorized disclosure of personally identifiable information of third parties.

CONSEQUENCES OF NOT DISCLOSING PERSONAL DATA TO MARKDAVIS.COM

The personal data we request you provide to markdavis.com, including your e-mail address, your geographic address, your credit/debit card numbers, associated credit card verification numbers (CCV) and your telephone number(s), is necessary for the processing of your order for the purchase of products and/or services on the Site, to supply other services provided on the Site upon your request, or to carry out obligations arising out of applicable laws and regulations.

Your refusal to provide certain personal data to markdavis.com may prevent markdavis.com from processing your order for the purchase of products sold on the Site or from providing other services through the Site, such as Customer Care services.

Your failure to provide personal data to markdavis.com may justify markdavis.com’s refusal to process your order for the purchase of products sold or to provide services through the Site.

The disclosure of personal data to markdavis.com other than that required in order to fulfill legal or contractual obligations or to provide the services requested by you is optional and does not have any effect on the use of the Site and its services or on the purchase of products on the Site.

YOUR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THE POLICY

Your use and perusal of the site explicitly acknowledges your acceptance of this Privacy Policy. Should changes be made to the Privacy Policy, such changes will be reflected in the updated and/or amended Privacy Policy posted on the Site. markdavis.com may make changes to the Privacy Policy at any time without prior notice to, or with the consent of, you, except as required by the federal laws of the United States, the state laws of South Carolina and/or the laws of Beaufort County, SC where applicable.