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Terms & Conditions

These Terms and Conditions (alternatively, “Terms” or “Terms and Conditions”) govern your relationship with ÂME Creations LLC ("ÂME Creations", "us", "we", or "our") including the website and online store that it operates at http://www.ame.jewelry (the “Website”).

Please read these Terms and Conditions carefully before using the Website.

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. The Terms apply to all visitors, users, customers and others who access or use the Website.

By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms, then please do not use the Website or any part of thereof. Accordingly, your access to the Website (through any device, including but not limited to computer, laptop, smartphone, tablet, etc.), constitutes and expresses your assent to these Terms of use. By using the Website, you represent that you are of legal age and capacity to consent to these Terms.

We do not guarantee that the Website will be available through all or any hardware or software that you may use or that your use of the Website (through any device or medium) will not cause damage such as loss of data or computer virus infection. We accept no liability for viruses or other malware and you are advised to take all appropriate safeguards before downloading information or browsing the Website. We do not guarantee or represent that the Website and any part of its content, including any product, item, offer, sale, discount, etc., will be available at all the times or at any specific time. We reserve the right to withdraw or modify the content of the Website, our products and our rates at any time.

THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREWITH, CONTAIN WAIVER OF WARRANTIES AND LIABILITY, CHOICE OF LAW AND A CLASS ACTION WAIVER. THESE TERMS MAY AFFECT YOUR RIGHTS AND STIPULATE THE EXCLUSIVE COURSE UNDER WHICH YOU MAY RESOLVE ANY DISPUTE WITH US. PLEASE READ THEM CAREFULLY.

1.Intellectual Property

The Website and its original content (including texts, photographs, images, drawings, software, code, etc.), features and functionality are the exclusive property of ÂME Creations and its licensors. The Website is protected by copyright, trademark, and other laws of the United States and foreign countries. Our content, designs, trademarks and trade dress may not be used in connection with any other product or service (commercial or otherwise) without the prior written consent of ÂME Creations.

You may not copy, publish, distribute, upload, retransmit, make available, sell or in any other manner make use of the Content or the Website, or any part thereof, unless such use is specifically prescribed as Fair Use and is permissible under these Terms of Use.

The trademarks and logos ame logo registered®; AME; ame logo registered®; ÂME-grown®; Totem by ÂME®; Angles by ÂME™; Trio by ÂME®, Q by ÂME® and Morse by ÂME™ (the "Trademarks") are pending and/or registered trademarks of ÂME Creations. Except for the purposes of citation, credit, review or endorsement, you may not use the Trademarks without the express written permission of ÂME Creations.

Our products comprise proprietary original designs owned by ÂME Creations and some of them are protected by patents and design registrations in the United States and other countries. A list of our proprietary registered designs can be found here.

2.Content

The right to make any change, amendment, modification, revisions or creation of derivative work in the Content and the Website is exclusively reserved to ÂME Creations. You may not and agree not to alter, change, or modify any part of the Content and/or the Website.

You may distribute, share and react to the Content through social media applications, to the extent afforded by the functionality embedded in the Website or in those applications. You may not decompile or disassemble any software, shareware or other technology accessible through the Website, insert any code, data or product, or manipulate the Content or the Website in any way that may affects the user's experience and use of the Website.

3.Purchase of products

Personal Information: Certain parts of the Website relating to purchase of items may require you to provide personal details and information.

You are responsible for protecting the confidentiality of your credentials, password, or any other similar information used for access to your account on the Website. You agree to immediately notify us of any unauthorized use of your information or any other breach of security. ÂME Creations reserves the right to perform encryption of passwords for account maintenance purposes.

Account and Billing Information: You agree to provide current, complete, and accurate information for your account in order to perform purchases through the Website. You agree to promptly update all account information to keep your account current, complete, and accurate in case of a change, and you should promptly notify us if your credit or charge card is cancelled or if you become aware of a potential breach of security.

Availability of Products and Price: We reserve the right to change the assortment of items offered through the Website, and may, without prior notice, limit the quantity of products that may be ordered in a single purchase session or the variety of products displayed and offered for sale.

WWe may also change prices and delivery costs of products at any time without prior notice. The price of a product and delivery costs displayed on the on-line store will be honored only once you submit an order.

Shopping on the On-Line Store: Products displayed on the Website as well as any items you see on our official Instagram, Facebook, Tumblr, and Twitter, are available for purchase on our on-line store. If you cannot find the item you wish on our website, please contact us at info@ame.jewelry.

If you wish to purchase an item displayed on the on-line store, choose it by clicking the “Add to Shopping Bag/cart” button. After you “Checkout” you will be linked to the payment page, where you may review your order details, and proceed to the payment and submit your order.

ÂME Creations reserves the right to refuse, cancel and terminate orders at any time, at its discretion.

Orders: It is your responsibility to ensure that your order is correct before submitting it to us by clicking the “Pay now” button. Submission of your order constitutes an Offer by you to buy the Product(s) at the price set out in the order and is subject to availability, processing and acceptance by us. We are not obliged to accept your order and may, at our discretion, decline it. You do, however, acknowledge that by clicking on the ”Pay now” button, you made a binding offer and enter into an obligation to pay for the Product(s) in the event your order is accepted.

We truly appreciate your support of our products. If any issues arise with your order, please contact us at info@ame.jewelry and we will communicate with you immediately and work to resolve it.

Payment: we accept the following credit cards: Visa, MasterCard, American Express and Discover.

All credit/debit card holders are subject to validation checks, authorization and-or authentication by the card issuer, according to the laws and regulation of their country of residence. If the issuer of your payment card refuses to authorize payment, you will need to contact your card issuer directly to solve this problem, and we will not be liable for any delay or non-delivery.

All prices quoted on the Website, are in U.S. Dollars, unless stated otherwise and are excluded of taxes and shipping costs.

Applicable sales and use taxes will be calculated automatically and added at the transaction, based on your billing address. The total amount for payment will be displayed on your payment page before confirming your order.

Shipping is available within the US and is free of charge. Expedite shipping involves additional payment, at rates that may vary depending on your address. Unfortunately, at present we cannot offer shipping outside of the United States.

Information: We take administrative, technical, and physical measures of precautions to safeguard the personal data you submit upon purchasing process, against loss, theft, and misuse, unauthorized access, disclosure, alteration, and destruction. Unfortunately, transmitting information over the Internet is not completely secure. Although we implement appropriate measures to protect your personal data, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information please visit our PRIVACY POLICY.

After your payment has cleared and your order is completed at checkout, you will receive an automated email of your invoice. Please note this email may be located in your SPAM/JUNK/TRASH folder if you are ordering from us for the first time.

Shipping: We use the services of FedEx or similar shipping services. If you did not receive your purchase within 10 business days days, please contact us at info@ame.jewelry.

International Taxes: We are not responsible for international taxes, customs and duties, that is the sole responsibility of the customer. In the event of a return or exchange, the taxes, duties and shipping fees will not be refunded.

Returns: Our return policy lasts 30 days. If more than 30 days have gone by since your purchase, unfortunately we cannot offer you a refund or exchange.

In order to facilitate the return of your items, you must obtain a Return Merchandise Authorization (RMA) number by emailing us at info@ame.jewelry and send it to us within 30 days of receiving your order.

To return your product (either for refund or exchange), please return it to the store you have purchased it from, or mail it to the store address, as explained below. If purchased online, please send it to the ÂME boutique store, at 132 Spring Street, New York, NY.

You should ship your returned items via FedEx or other reputable shipper such as UPS and DHL. You should also consider using a tracking service and you should purchase shipping insurance. As the shipping of your returned item depends on third party service providers, WE CANNOT GUARANTEE THAT WE WILL RECEIVE YOUR RETURNED ITEM AND WILL NOT BE LIABLE OF THEIR LOSS OR DAMAGE.

You will bear your own shipping costs and taxes for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Please note that all returns for any order need to be returned in one shipment under a single RMA number.

To be eligible for a return, your item must be unused and returned to us in the same condition that you received it. It must also be returned in the original packaging or similar protective packaging.

To complete your return, please attach a receipt or proof of purchase, or a copy thereof and indicate the RMA number you received.

The time it may take for your exchanged product to reach you, may vary, depending on where you live. However, if you did not receive the items within 15 business days, please contact us at info@ame.jewelry.

Non-returnable items:
* Gift cards;

Refunds: Once your returned product is received and inspected, we will notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 7 business days. If you have not received refund by such time, please contact us at info@ame.jewelry.

Exchanges: We replace only those items that are defective or damaged. If you need to exchange a defective or damaged item for the same item in a perfect condition, please contact us at info@ame.jewelry and we will provide you with further instructions.

Gifts: If an item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

4.Users Generated Content

We welcome you to share experiences, images, photographs, videos, illustrations, information, views, insights, discoveries and stories relating to our jewelries and to the world of diamonds, gems and jewelry, by submitting them ("User Content") to our social media profiles and to react and share our and other users' content.

We do not represent or warrant that your User Content will be published or displayed on the Website or on our social media channels and we retain the right to delete or remove your User Content at our sole discretion.

By submitting User Content, you grant Âme Creations an unlimited irrevocable license that is not limited in term, to use and publish the User Content, which use includes but is not limited to copy, reproduce, distribute, display, make available to the public, broadcast, transmit, publicly perform, translate and prepare derivative works of (and to use and exploit such derivative works in any manner), in any medium or formats and through any media channels ("User License"). The User License granted by you in connection with textual comments, talkbacks and reviews you submit, is perpetual and irrevocable.

You acknowledge that you understand and agree that the sole responsibility for any damage that may be caused by your User Content, to yourself or to third parties, lies with you. You alone shall bear the consequences of submitting, posting or publishing the User Content. Âme Creations does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and ÂME Creations expressly disclaims any and all liability in connection with your User Content.

You further warrant and represent that your User Content will not contain content that is defamatory, misleading, inaccurate, harmful, dangerous, unreliable fraudulent, obscene, distasteful, sexually, racially or ethnically offensive, harassing, abusing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability or otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction.

5.Integrity

The Website and Content may comprise sponsorships, advertisements, marketing content and commercials (collectively: "Commercials"), at ÂME Creations’ sole discretion and you represent and acknowledge that you will have no claim or cause of action with respect to those Commercials.

If you believe that a certain fact comprised in the Content is inaccurate, harmful, defamatory, misleading, obscene, offensive or distasteful, please provide the following information to ÂME Creations:

a) a description of where the Content that you believe to be inappropriate is located on the Website;

b) your address, telephone number, and email address;

c) a statement that you have a good faith belief that the Content is inappropriate and the reasons for such belief;

d) an agent for notice of inappropriate Content can be reached as follows:

e-mail: info@ame.jewelry

telephone: +1 888 285-3935

6.Links to Other Web Sites

Our Website may contain links to third-party websites or services that are not owned or controlled by us.

ÂME Creations has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read both the terms and conditions and privacy policies of any third-party web sites or services that you visit.

7.Limitation of Liability and Exclusion of Warranties

WHILE ÂME CREATIONS ENDEAVOURS TO VERIFY THE ACCURACY OF THE CONTENT, INCLUDING ADVERTISEMENTS OR CATALOG, THE WEBSITE AND ALL INFORMATION, IMAGES AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND ""AS PROVIDED", WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF TITLE), ÂME CREATIONS EXPRESSLY DISCLAIMS ALL OF THE ABOVE TO THE FULLEST EXTENT PERMITTED BY LAW.

PRODUCTS AND ITEMS SOLD ON THE ON-LINE STORE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF TITLE).

Specifically, any description and information concerning the weight of precious materials and the number of gemstones and carats are provided as a reference and may vary slightly.

ALL PICTURES SHOWN ON THE ON-LINE STORE ARE FOR ILLUSTRATION PURPOSE ONLY. ACTUAL PRODUCT MAY VARY DUE TO COLOR PROCESSING, PRODUCT ENHANCEMENT, SIZE ADJUSTMENT, ETC.

These Terms of Use do not constitute any representation, warrantee, undertaking or condition on behalf of ÂME Creations with respect to the Website. In particular, we do not represent or warrant that:

Your and others' use of the Website or the products that you purchase on the on-line store will meet your requirements;

Your and others' use of the Website will be uninterrupted, timely, secure or free from errors;

Defects in the operation or functionality of the Website will be corrected within timeframe desirable to you.

In no event shall ÂME Creations, its directors, officers, shareholders, partners, subsidiaries, affiliates, agents and licensors, or providers be liable for any indirect, special, incidental, punitive, or consequential damages arising out of or related to the use, inability to use, performance or nonperformance of the Website, even if ÂME Creations was previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, unjust enrichment laws, under statute, in equity, at law, or otherwise.

8.Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, your breach of these Terms.

Upon termination, your permission to use the Website will immediately cease.

9.Limitation of Liability

In no event shall ÂME Creations , its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, marketshare, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct, use, misuse, or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

10.Disclaimer

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

ÂME Creations, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.

11.Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have between us regarding the Website.

Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. You may not seek to have any dispute heard as a class action, or join in a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.

12.Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try, but will not be obligated, to provide through the Website at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Website.

Contact Us

If you have any questions about these Terms, please contact us:

Last updated: June, 2021

Privacy Policy

We at ÂME Creations LLC (“ÂME Creations” , “us”, “we”, or “our”), appreciate your privacy and are committed to ensure that you are informed how we protect and use personal information that is provided or generated when you use our Website, what data we collect, for what purpose do we collect it, and how we use it. Please take the time to read our Privacy Policy carefully.

WE USE YOUR DATA TO PROVIDE YOU WITH OUR SERVICES AND IMPROVE YOUR USER EXPERIENCE WHEN YOU VISIT OUR WEBSITE. BY USING THE WEBSITE, YOU AGREE TO THE COLLECTION AND USAGE OF DATA AND INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

1.Definitions

Unless otherwise defined in this Privacy Policy, terms used in our TERMS AND CONDITIONS, have the same meanings as in this Privacy Policy.

  • a.

    Website

    Website means the website available at https://www.ame.jewelry and social media profiles, owned and operated by ÂME Creations, for the promotion and sale of fine jewelry.

  • b.

    Personal Data

    Personal Data means data about a living individual who can be identified from such data (or from such and in combination with other information, either in our possession or likely to come to our possession).

    Personal Data also includes other information, such as geographic area or preferences when any such information is linked to information that identifies a specific individual.

  • c.

    Usage Data

    Usage Data is data automatically collected by us from your use of the Website or from the Website infrastructure itself (for example, the duration of a page visit) regarding how the Website is accessed and used.

  • d.

    Cookies

    Cookies are small pieces of data that are sent to your browser from our Website and stored on your device (computer or mobile device).

  • e.

    Data Controller

    Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for and the manner in which any personal information is processed. For the purpose of this Privacy Policy, ÂME Creations is a Data Controller of your Personal Data.

  • f.

    Data Processors (or Service providers)

    Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service providers, including but not limited to Google, Shopify, Facebook, Mailchimp, Taboola and their respective affiliates, to process your data more effectively. We ascertain that our Data Processors comply with applicable privacy laws and are obligated not to disclose or otherwise use your Personal Data for any other purpose.

  • g.

    Data Subject (or User)

    Data Subject is any living individual who is using our Website and is the subject of any Personal Data collected thereby. For the purpose of this Privacy Policy, YOU ARE THE "DATA SUBJECT" OF YOUR PERSONAL DATA.

2.Information Collection and Use

When you use the Website, you may provide and we may collect several different types of information for various purposes, including to provide you with our service and improve your user experience while visiting our Website.

We do not buy or receive from third parties, nor do we sell to third parties any Personal Data or information.

A. Types of Data Collected

  • i.

    Personal Data

    While using our Website, and specifically while shopping the on-line store we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

    — Email address and IP address
    — First name and last name
    — Phone number
    — Address, State, Province, ZIP/Postal code, City
    — unique device identifiers

    If you use the Website for on-line shopping, we may collect and store, directly or through our Service providers, additional personal Data such as: shipping and billing address, payment method and credit card details and information about the history of your orders and purchases. This information may be used to perform automated decision-making processes such as blocking suspected or potentially fraudulent transactions, for instance in case of a breach. When we employ automated decision-making processes, we make our best efforts based on state of the art technology, to safeguard your Personal Data and ensure that your rights, freedoms, and legitimate interests are protected; and we do so because the decision is necessary for entering into, or performance of, our contract with you, or when the application of the automated process is based on your explicit consent.

    If you use the Website to enter a giveaway promotion, you might be requested to provide us with your social security number or other proof of residency in the United States or elsewhere.

    We use the Personal Data and information to support and process your orders, screening and assessment of risks and fraud, authentication, and payments. We also use the Personal Data to customize and improve your user experience.

    When you subscribe to our newsletter (through the “Customer Service” section on our Website), we may use the Personal Data you provide, to contact you with newsletters, marketing or promotional materials, as well as other information that may be of interest to you.

    You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, or by otherwise contacting us directly.

  • ii.

    Usage Data

    We may also collect Usage Data. Usage Data may include diagnostic data such as:

    — your computer’s Internet Protocol and Media Access Control addresses; — browser type;
    — browser version;
    — the pages of our Website that you visit and pages from which you linked to our website;
    — the time and date of your visit;
    — the time spent on those pages;
    — the device you use;
    — your use of social media functionalities such as "share" or "like" buttons.

    We may use your Usage Data to automatically improve and customize users experience of the Website. We may also employ data collection, processing, monitoring and analyzing tools such as Google Analytics, Google AdWords and Shopify analytics tools, to study our website traffic, measure the effectivity of promotions and to provide you with information that might be relevant to you. You may opt-out of the Google analytic tools. For more information, please visit the Google Privacy Terms page at https://policies.google.com/privacy?hl=en.

B. No Data Mining

We do not use features of data mining such as unauthorized access to your device's camera, microphone, contacts, communications, etc. to gather information. We do not use location based applications and do not track or locate your whereabouts unless specifically requested for.

C. Tracking Cookie Data

We use cookies and similar tracking technologies to track the activity on our Website, as well as hold certain information. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Website.

You can instruct your browser to refuse all cookies, as well as to indicate when a cookie is being sent. Please note, however, if you do not accept cookies you may not be able to use some features of our Website.

Our Website supports “Do Not Track” preference. You can set the “Do Not Track” preference in your web browser to inform websites that you do not wish to be tracked. You can enable or disable “Do Not Track” by browsing to the Preferences or Settings page of your web browser. However, there is no consistent industry standard relating to “Do Not Track” signals, and therefore in some cases, we may not be able to change our data collection and usage methods even if we detect such a signal from your browser.

Examples of Cookies we use include, but are not limited to:

Session Cookies.

We use Session Cookies to operate our Website. Session Cookies are used to enable websites to track your movement between various pages without collecting the same information you already provided or that was previously generated. If you shop on our Website, Session Cookies are used to operate the shopping cart feature by remembering your selection of items when you check out.

Preference Cookies.

We use Preference Cookies to remember your preferences and various settings, which we may retain between sessions so we can provide you with a personalized experience.

Security Cookies.

We use Security Cookies for authentication, to prevent breach of information, and to monitor possible abuse of the Website, such as repeated failed login attempts.

Consent Cookies.

We use these cookies to record your consent for the usage of cookies, upon accept and reject. These cookies do not track any personal data and are set only upon your action (accept/reject).

Third party Cookies.

We use Third Party Cookies to advertise to you on third-party websites and applications, such as Google, Facebook, or Instagram. Specifically, we employ the “Facebook pixel” that is activated when you use the Website or when you are redirected to the Website after clicking on our ads on Facebook or Instagram and allows us to collects data that helps us optimize our use of the social media ads. The data is collected and processed by Facebook which uses the data to match it with your Facebook or Instagram accounts for targeted advertising and other purposes pursuant to the Facebook Data Policy.

To opt out of the Facebook pixel, go to your Facebook account settings by clicking the button in the top right of your Facebook page; select “Settings & Privacy” > “Privacy shortcut” > “Ad Preferences”> “Ads Settings” and click “Ads based on data from partners” to choose your setting (“Allowed”/”Not Allowed”).

3.Basis for Processing Personal Data

ÂME Creations’ legal basis for collecting and using the personal Data described in this Privacy Policy, depends on the type of data and the specific context in which we collect it. Primarily, the legal bases for our processing of your Personal Data is that such processing is necessary for providing the service offered by the Website and that the processing is carried out in line with our legitimate interests, which are further explained below. We may also process data upon your consent, asking for it as appropriate.

By way of further example, ÂME Creations may process your Personal Data because:
— We need to perform a contract with you;
— You have given us permission to do so;
— The processing is in our legitimate business interests and it is not overridden by your rights;
— To comply with the law.

4.Retention of Data

ÂME Creations will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. We will not retain your credit card information unless we received your specific consent.

ÂME Creations will also retain Usage Data. Usage Data may be retained for a shorter period of time than Personal Data, except when this data is used to strengthen the security or to improve the functionality of our Website, or we are legally obligated to retain this data for longer time periods.

5.Transfer of Data

Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction. Your information, including Personal Data, may be transferred to and maintained in such jurisdictions where the data protection laws may differ than those from your jurisdiction.

If you reside outside the United States and choose to provide information and content to us, please note that we collect information, including Personal Data, in the United States and process it in the United States, Canada and the EEC.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to any such data collection.

ÂME Creations will take steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. No transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information.

6.Disclosure of Data

We may share your Information or some of it with third parties when it is required by official authorities under any applicable law; requested in order to respond to lawful court orders, subpoenas, warrants, etc.; or needed to investigate or prevent illegal activities such as fraud or security breach. Without derogation, ÂME Creations may disclose your Personal Data in the good faith belief that such action is necessary to:

— comply with a legal obligation;
— protect and defend the rights or property of ÂME Creations;
— prevent or investigate possible wrongdoing in connection with the Website;
— protect the personal safety of users of the Website or the public;
— protect against legal liability.

We may also share your information with our Service providers and Data Processors in order to enhance and promote our Website. Note that third parties, including Google, Facebook and Instagram, may use cookies, web beacons, and other storage technologies to collect or receive information from the Website and elsewhere on the Internet and use such information to provide you with targeted ads and for measurement services or other analytic or segmentation tools.

Your Personal Data may be disclosed or otherwise transferred (physically or electronically) to an acquirer, successor or assignee of ÂME Creations as part of a merger, acquisition, debt financing, sale of assets, or similar transaction, provided that the third party acquirer, or successor or assignee, implements and maintains reasonable security procedures. Your Data may also be disclosed in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

We will provide notice before your Personal Data is transferred as part of the abovementioned transactions and becomes subject to a different Privacy Policy.

7.Security of Data

We and our Service Providers follow generally accepted industry standards to protect the information submitted to us from unauthorized access, destruction, use, modification, or disclosure, both during transmission and after we receive it. We ascertain that our Service providers comply with industry guidelines and standards with respect to security and safeguarding of your Personal Data.

The security of your data is important to us and we do our best to preserve it. Please note however, that no method of transmission over the Internet, or method of electronic storage, is hundred percent safe. While we strive to use commercially acceptable means to protect your Personal Data, we do not and cannot guarantee its absolute security.

If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.

8.Your Rights Under California Online Privacy Protection Act (CalOPPA) and California Consumer Privacy Act (CCPA)

If you are a resident of California, note that we are exempt from applying the CCPA and the obligation under California Civil Code to provide you upon request with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes and the identity of those third parties.

Our Website supports “Do Not Track” preference. However, some cases, we may not be able to change our data collection and usage methods even if we detect such a signal from your browser, due to technical limitations. In case you encountered difficulties with respect to our Website, please contact us and we will make our best efforts to assist.

9.Your Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (“EEA”), you have certain data protection rights. We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Website. Accordingly, ÂME Creations aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data as follows:

  • a.

    If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us, as set forth below.

  • b.

    under certain circumstances, you have the following data protection rights:

    • i.

      The right to access, update or to delete information.

      You have the right to receive from us, upon request, confirmation as to whether or not your Personal Data is being processed by us and how we are using it, to whom we disclose it and for what purpose.

      Whenever made possible, you can access, update or request deletion of your Personal Data. If you are unable to perform these actions yourself, please contact us to assist you in making any such changes.

    • ii.

      The right of rectification.

      You have the right to rectify your information if it is inaccurate or incomplete.

    • iii.

      The right to object or restrict.

      You have the right to object to our processing of your Personal Data, by requesting us to restrict or stop processing it under certain grounds; specifically in case of a dispute over the legitimacy of the usage or the processing, or over the accuracy of the Data. We are required to honor your request within a month period. Please note that while processing may be restricted, we may still keep the data, mainly in order to protect our legitimate interests.

    • iv.

      The right to data portability.

      You have the right to be provided with a copy of the Personal Data that we have gathered about you in a structured, machine-readable and commonly used format.

    • v.

      The right to withdraw consent.

      You have the right to withdraw your consent at any time where we relied on your prior consent to process your Personal Data.

      Please note that we may ask you to verify your identity before responding to such requests.

    • vi.

      The right to lodge a complaint

      You have the right to lodge a complaint with a supervisory authority in your state of residency or work, if you consider that the processing of your Personal Data infringes the GDPR Regulations.

    c.

    If you are a resident of the EEC, please note that your Personal Data may be transferred to and processed in the United States or Canada.

10.Links to Other Sites

Our Website may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to a site owned and/or operated by that third party. Any information you provide on third-party sites is provided directly to the operators of such websites and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through our Website. We are not responsible for the content, privacy or security practices and policies of third-party sites. We strongly advise you to review the Privacy Policy of every site you visit.

ÂME Creations has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party’s website.

11.Children's Privacy

Our Website does not address anyone under the age of 18 ("Children"); the Website is solely intended and made available to those who are over 18. If you are under 18 years of age, please do not use or access the Website at any time or in any manner.

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you, as a parent or guardian, are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have inadvertently collected Personal Data from children without verification of parental consent, we take steps to remove such information from our servers.

12.Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will post the new or amended Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. ÂME Creations will not use your Personal Data to notify you of changes to this privacy policy or to our Website’s Terms and Conditions.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

Effective date: June 2021