Effective October 06, 2013:
provisions, including arbitration, class action waiver, limitation on damages and choice of law.
What Type of Information Do We Collect and How Do We Use It?
We may collect personally identifiable information ("PII" - for example, your full name, email address, mailing address, telephone number, mobile phone number or credit card number) from you when you voluntarily submit the information to us, such as when you purchase items from us, sign up for one of our services or programs or register with our Site. We may also collect PII from you if, for example, you choose to subscribe to our email program; participate in sweepstakes, contests, surveys, and polls; post content or suggestions on this Site; or use any of this Site’s other features that otherwise permit you to provide information or other content.
We also may collect information about you including demographic information (such as number of household members, age, and gender) and purchase preference information from third parties. In addition, we may collect information (such as your interests, hobbies, lifestyle choices, groups with which you are affiliated, products you want, like or own) from you as you use this Site and when you choose to provide or information on this Site.
We may use the information we collect from and about you to: process and fulfill your order, notify you of your order status, and otherwise provide you with customer service; respond to your inquiries and requests; create an account and register you as a registered Site user (“Registered User”) and/or Shop Your Way member (“Member”); for marketing purposes and to send you information regarding this Site and other Sears Holdings Sites, as well as about our products, programs or services; provide you with mobile alerts, if you have requested them; customize your experience on this Site and on other Sears Holdings Sites; provide you with relevant products and offers; permit you to use this Site’s social networking features; or provide you with other services. Please note that message and data fees may apply if you register for mobile alerts. We may also use the PII we collect from and about you for our business purposes, such as data analysis, audits, developing new products and services, enhancing our Sites, improving our services, personalizing your experiences, identifying usage trends and determining the effectiveness of our promotional campaigns.
We may use your PII to allow you to send messages to a friend through this Site. By using this functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address.
We may collect information about you including demographic information (such as number of household members, age, and gender) and purchase preference
information from third parties. In addition, we may also collect information (such as your interests, hobbies, lifestyle choices, groups with which you are
affiliated, products you want, like or own) from you as you use this Site and when you choose to provide or information on this Site.
Some Site features may make use of your device attributes and settings that will allow our Site to determine your physical location. Such technologies may include IP address mapping, WiFi, GPS signals, cell tower positioning or other technologies. We use this information to enhance and personalize your experience and provide you with offers and services that may be of interest to you. For example, this Site may help you find your closest store or send you messages that may be of interest to you based on your current location. Sears Holdings has no control over your device settings, but we do recommend enabling location services on your device so you can take advantage of the location based features and functionality offered by this Site.
Non-PII may be collected from you by means of cookies and pixel tags. Cookies are small bits of information that this Site places on your computer. We and our third party service providers use various types of cookies, local shared objects and pixel tags to identify your IP address, browser type, device characteristics, domain name, referring urls and specific links and web pages through which you click. This data is collected automatically and utilized for site operations, fraud prevention and to help us improve this Site and your overall experience. This technology also allows us to recognize you when you return to this Site and to provide you with a customized experience that we feel will be of value to you. We may use and disclose non-PII in any manner for any purpose, except where we are required to do otherwise under applicable law.
We may disclose your PII to identify you to anyone to whom you send messages through this Site. You may disclose your own PII on message boards, chat,
profile pages, blogs and other social networking features and services to which you are able to post information and materials. Please note that any
information you post or disclose through these services may be available to Site visitors and to the general public, depending on the particular service
and any privacy settings in place (such as through your profile). Be careful when deciding to disclose your PII, your location or any other information, on
In certain circumstances, we may share your PII with service providers that need access to your information to provide operational or other support services, such as credit card processors or shipping agents. Our service providers must agree to appropriate restrictions on the disclosure and use of your information. Unless otherwise disclosed to you, our service providers are prohibited from using your PII for their own marketing purposes.
We may provide information about you, which may include PII, to regulatory authorities and law enforcement officials in accordance with applicable law, when we otherwise believe in good faith that the law requires it or to respond to requests from government authorities. There may be instances when we may use or disclose your PII in order to protect or defend the legal rights, property or operations of Sears Holdings or our employees or agents; to protect the rights, privacy, safety or security of users, members or others; to protect against fraud; and to allow us to pursue available remedies or limit the damages that we may sustain.
Sears Holdings may sell, transfer and/or share PII with third parties in connection with a merger, reorganization, joint venture, assignment, spin-off, transfer or sale or disposition of all or any portion of our business, and in the event of a store closing or bankruptcy
Most web browsers allow you to exercise control over cookie files on your computer by erasing them, blocking them, or notifying you when such a file is stored. Please take a look at your particular browser for instructions on this function.
We may also use Flash Cookies, LSOs and other technologies to, among other things, collect and store information about your use of the Services, fraud prevention and other site operations. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel . You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to "information" on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Services or our online content.
If you do elect to disable cookies, please note that you may not be able to take full advantage of a personalized experience on this Site and on other Sears Holdings Sites.
This Site may contain links to other Sites that are not owned and operated by Sears Holdings. Sears Holdings is not responsible for the privacy practices of non-affiliated Sites. You should read the privacy statements of each and every Site that collects PII.
This Site may display ads from other companies. We also partner with third-party service providers to serve ads on our behalf on other non-affiliated third party Sites. Some of the ads on this Site or on third party Sites may be personalized, meaning that they are intended to be relevant to you based on what we or the online advertising network serving the ad know about you or your computer's browsing activity. For example, anonymous information collected across multiple Sites that you visit may enable the ad network to predict your preferences and show you ads that are most likely to be of interest to you. Please note that we do not share any information that identifies you personally with the third party service providers who serve ads on our behalf.
If you do not wish to receive personalized advertising from us on other Sites, please visit the Network Advertising Initiative Opt-Out page.
The Network Advertising Initiative offers useful information about internet advertising companies, including information about how to opt-out of interest-based advertising by their members. See http://www.networkadvertising.org for general information about the NAI and http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You may also visit http://www.aboutads.info/consumers/ to learn about online behavioral advertising and how to opt-out from online behavioral ads served by some or all participating companies.
If you delete your cookies, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests based on activities observed on web sites or mobile apps not owned and operated by Sears Holdings.
We maintain reasonable and appropriate physical, electronic and procedural safeguards to protect your PII. While we do work very hard to protect your privacy, no method of security is 100% effective, and we cannot be responsible for the actions of those who may gain unauthorized access to your PII. Sears Holdings makes no warranties, express, implied or otherwise, as to the ultimate effectiveness of its reasonable and appropriate safeguards.
You can personalize your experience on this Site and other Sears Holdings Sites by becoming a Registered User or Member. By registering, you will be able to tell us what products and services interest you, and whether you wish to receive information about special sales, promotions and other events. Once registered, you can submit, review and maintain your account profile information at any time by accessing your profile from within the particular Site. Your account information is accessible by using a password that you select or by using third-party social networking login credentials for accounts such as Facebook, Google or Twitter if you choose to enable this feature.
From time to time, we may send you e-mails with promotional offers and messages. If you would no longer like to receive e-mails with promotional offers and messages from this Site, you can unsubscribe from these e-mails by following the unsubscribe link located at the bottom of each promotional e-mail. Please note that you may still receive transactional or relationship or other non-promotional e-mails (e.g., order confirmations, shipping notices, statements, important information regarding a product you have purchased, etc.).
Your PII may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our Site, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than in your country. This Site is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.