The Peebles Corporation Privacy Policy

Last Updated: January 28, 2015

The Peebles Corporation (“COMPANY”, “we”, “our”, or “us”) operates the web Site located at www.peeblescorp.com (the “Site”).  This serves as the COMPANY’S Privacy Policy for the Site.  “You”, “your” or “User(s)” refer to the person accessing the Site, and any entity on whose behalf that person is accessing the Site.
The COMPANY makes the Site available to you to learn about the COMPANY’S business operations and to request information from us about the COMPANY or the industry in which the COMPANY does business.  We may also use the Site to invite you to respond to surveys about the usefulness and value of the Site and its contents, to receive e-newsletters, or other information about the COMPANY’S business operations, subject to this Privacy Policy (the “Policy”).  This Policy explains what information the COMPANY collects about Site Users, how the COMPANY uses and/or shares this information, and how such information is maintained.  By visiting the Site, you accept the terms of this Policy.

Note that this Policy applies only with respect to the information collected by the COMPANY through the Site, and not any information collected or obtained through other methods or sources.

Collection of Personally Identifiable Information

The COMPANY collects Users’ personally-identifiable information (“PII”) that is volunteered by Users at the Site who request specific information from the COMPANY. Examples of PII that may be provided to the COMPANY by Users include: first and last name, title, address, email address, telephone number, facsimile number, type of business, and the COMPANY development, venture or services about which the User is interested in receiving information, or COMPANY newsletters.  From time to time, the COMPANY may also present opportunities for Users to voluntarily provide additional information about themselves.

Use and Sharing of PII

The COMPANY will use User PII: for the specific purpose for which such information was provided; such as, to send the User newsletters about COMPANY or the industry in which the COMPANY participates, responsd to User inquiries, or compile information in response to COMPANY surveys.  COMPANY will also use User PII for its own internal management and planning purposes.  Other than the uses set forth in this Privacy Policy, the COMPANY does not share User PII with any third party.  Please note, however, that the COMPANY may change this Policy at any time (See “Changes to this Policy,” below), and that the COMPANY may in the future use User PII for additional purposes not currently included in this Policy.

User PII collected by us may be added to our databases and used for future marketing purposes. By using the Site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do not call registry, in-house list or similar registry.

The COMPANY may also disclose User PII in order to: (1) comply with applicable laws (including, without limitation, the CAN-SPAM Act); (2) respond to governmental inquiries; (3) comply with valid legal process; (4) protect the rights or property of the COMPANY, or (5) protect the health and personal safety of any individual.

If you do not wish us to share your PII with the COMPANY for marketing purposes, please submit your request in writing to:
The Peebles Corporation
ATTN: Privacy Policy Manager
2020 Ponce De Leon Blvd.
Suite 907
Coral Gables, FL   33134
305-993-5050

Non-Personally Identifiable Information

The COMPANY also collects certain non-personally identifiable information, including the non-personally identifiable information more fully described below.

Cookies.  The COMPANY may use “cookies” on the Site.  Cookies are small pieces of information that COMPANY’S server places on an individual’s computer hard drive to enable the individual to more easily communicate and interact with the Site.  For example, the COMPANY may place a cookie on a User’s computer if the User makes a request at the COMPANY Site to receive newsletters or information from the Company.  The next time that User visits the Site, COMPANY’S server will recognize the cookie (and the User) and allow the User requet additional information from the COMPANY, or delete previous information requests, without having to sign in to a Users’ account or information profile maintained by the COMPANY.

While some Web browsers allow a User to automatically reject all cookies or be notified when a cookie is about to be placed on the User’s computer, disabling this feature may compromise the efficiency and added services that cookies provide.

IP Address.  The COMPANY collects your IP (Internet Protocol) address to help diagnose problems with its server, and to administer the Site and the COMPANY’S email messages to Site Users.  An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.

Although the information collected through the foregoing methods does not itself contain any PII, the COMPANY may analyze and match such information with other information that you provide (including PII) as well as information that the COMPANY may obtain elsewhere, and the COMPANY may share all or some of such information with third parties.

The COMPANY may also disclose non-PII in order to (1) comply with applicable laws, (2) respond to governmental inquiries, or (3) comply with valid legal process, or (4) protect the rights or property of the COMPANY or Users of the Site.

Opt-Out of COMPANY E-Newsletters

If a User registers at the Site to receive e-newsletters about the Company’s products or services, User may, at any time thereafter, choose to discontinue receiving e-newsletters from COMPANY  by following the “unsubscribe” instructions in the applicable email transmitting the e-newsletter.  Notwithstanding the foregoing, the COMPANY may continue to contact Users for the purpose of communicating information about their dealings with the COMPANY, as well as to facilitate, complete or confirm the COMPANY’S response to Users’ inquiries or requests.

Access to Information If you want to review, correct or change your User information, please contact us at the address listed below.

Third Party Services

The Site contains links from the Site to the websites of other providers of products, services or content.  When you click on a like to website of such an entity, you will leave the COMPANY Site and be connected to the entity’s website.  The COMPANY does not have any control over the information handling practices of these other entities, and is not responsible for any failure of such entities to adhere to this Policy.  You should familiarize yourself with the privacy policies of such other entities before you share any PII with those entities.

Links from Email

The COMPANY email communications with you may provide links to the websites of third parties providing products and services that may be of interest to you.  If you link to any of these third party websites, this Policy will not apply to your use of, and activities on, those websites.  We encourage you to read the legal notices posted on these sites, including their privacy policies. The COMPANY shall have no responsibility or liability for your visitation to, and the data collection and use policies and practices of, these other websites.

Note Concerning Individuals 18 Years of Age And Younger

The Site, the COMPANY emails and the content available in connection therewith, are neither intended for, nor directed to, children under the age of 18. You must be at least 18 years old to have our permission to use our Site and to provide your PII to COMPANY.  If the COMPANY learns that a person who is a User is under the age of 18, the COMPANY will promptly terminate that individual’s registration and delete the individual’s PII from COMPANY’S records.  The COMPANY will NOT knowingly distribute such information to third parties.

Security

While the COMPANY takes reasonable precautions to safeguard information transmitted between the COMPANY and Users of the Site, the COMPANY may be unable to prevent unauthorized access to such information by third parties or inadvertent disclosure of such information.  Users acknowledge this risk when communicating with the COMPANY.

Consent to Processing

By providing PII and other information to COMPANY, Users of the Site fully understand and unambiguously consent to the collection and processing of such information in, and the transfer of such information to, within the United States or other countries or territories, in accordance with the terms of this Policy.

Transfer in Certain Circumstances

In its sole discretion, COMPANY may transfer, sell or assign information collected on or about Users of the Site, including without limitation, PII and other User provided information, to one or more third parties, as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of the COMPANY.

Changes to This Policy

The COMPANY may, from time to time, amend this Policy, in whole or part, in its sole discretion.  Any changes to this Policy will be effective immediately upon the posting of the revised policy.  By continuing to use the Site following any changes, you will be deemed to have agreed to such changes.

Contact COMPANY at:
The Peebles Corporation
ATTN: Privacy Policy Manager
2020 Ponce De Leon Blvd.
Suite 907
Coral Gables, FL   33134
305-993-5050
[email address]

All title, ownership rights and intellectual property rights in and relating to this website, including, but not limited to, copyright, logos, names, trademarks, service marks, design, text, sound recordings, images, links, concepts and themes are owned by the Company or used under authorized license by the Company.  Any reproduction, transmission, publication, performance, broadcast, alteration, license, hyperlink, creation of derivative works or other use in whole or in part in any manner without the prior written consent of the Company is strictly prohibited.  Save and except with the prior written consent of the Company, you shall not insert a hyperlink to this website or any part thereof on any other website or “mirror” or frame this website, any part thereof, or any information or materials contained in this website on any other server, website or webpage.

Disclaimer

All information contained in or accessed through this website is provided on an “as is” and “as available” basis.  No warranty of any kind, implied, express or statutory (including, but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose, warranties of performance and freedom from computer virus and other malicious code), is given in conjunction with such information, the veracity, accuracy, adequacy, completeness or reasonableness thereof, or this website in general.  The information and materials are subject to change at any time without notice.

In no event shall the Company be liable to you or any other party for any damages, losses, expenses or costs whatsoever (including, but not limited to, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with your use of this website, or reliance on any information at this website, or any failure of performance, system, error, omission, interruption, computer virus, malicious code, corruption, breach of security, or unavailability of access even if the Company had been advised as to the possibility of such damages.

Digital Millennium Copyright Act (“DMCA”)

Content owners or the person entitled to enforce a copyright on their behalf may notify the Company of any violation of a copyright on the Company’s website by sending a notice in the form required by the DMCA to:

Lowell D. Plotkin, Esq.
General Counsel
2020 Ponce de Leon Blvd.
Suite 907
Coral Gables, FL 33134

THE PEEBLES CORPORATION WEBSITE TERMS OF USE

Thank you for visiting the Website (the “Site”) of The Peebles Corporation (the “Company”).  The terms “we” “us” and “our” refer to the Company.  The terms “you” or “your” refer to the person accessing the Site, and any entity on whose behalf such person is accessing the Site.  This Site is managed and controlled by the Company.  These Terms of Use establish the terms and conditions to which you are subject when accessing the Site, or any of the content accessible on the Site or delivered to you from the Site (the “Materials”).  By accessing the Site on behalf of another entity, you represent and warrant that you have all necessary power and authority to bind that entity to this Terms of Use.

By accessing and using this Site, you agree to be bound by all of the terms and conditions set forth below and in the Privacy Policy on this Site.  If you do not accept such terms and conditions, you are not permitted to use this Site.  The Company may, in its sole discretion, revise these Terms of Use at any time.  You will be bound by the revised Terms of Use as condition of your next visit to the Site.  Each time you access or use this Site you understand and agree that you are re-affirming your consent to the then existing version of these Terms of Use.

1) In General
We agree to provide you access to our Site and the Materials in accordance with this Terms of Use.  You agree to access and use the Site and the Materials in a manner consistent with any and all applicable laws, rules and regulations.  All information, data, content or other material displayed by us on our Site are for your information only, and are not a substitute for specific advice concerning the use of any Company development, venture or service.

2)Information Collected 
We may collect, process and transmit personally identifiable information obtained from and about you in the course of your accessing and using the functionality and Materials available to you at our Site in accordance with our Privacy Policy posted on our Site.  By agreeing to these Terms of Use you agree to our use and retransmission of such data as set forth in our Privacy Policy.  If you submit information to us, or pose questions to us, about the Company’s business operations, you grant to us a non-exclusive, world-wide, royalty free license to publish that information, or our answers to your questions, on our Site, in the Materials, or in the Company’s other promotional activities. 

3)Use of Information

You are permitted to download, view, copy, and print Materials that we deliver to you from our Site, or that we send to you at your request, solely for your personal information and internal business use.  In doing so, you may not remove or amend any <st2:policysmarttags.cwspolicytagaction_5 tagtype=”4″>trademark, copyright or other proprietary notice that appears on any of the Materials.  You may not modify, copy, distribute, redistribute, republish, license, sublicense, or upload any of the Materials without our prior written consent, which we may withhold in our sole discretion.  Your access to and use of the Site shall not constitute any license or transfer to you by the Company of any intellectual property rights in any content, text, data, images, audio or video files, or graphical material displayed on the Site, or delivered to you upon your request made to us at the Site.

4)  Links to Other Sites
If we provide hypertext links to third party websites we do so for information purposes only, and such links are not endorsements by us of any products or services offered on such sites and we do not accept any liability for your use of such products or services.  We are not responsible for the content or practices of the entities that operate any third-party websites to which you may link, or be linked, from our Site, and do not make any representations or warranties about the content or accuracy of materials on such third-party websites, the products or services offered by the operators of such sites, or the policies or practices, including the privacy policies, of the operators of such sites.  You should review the terms of use agreements and privacy policies of any such sites before you access any content available, or use any functionality accessible on such sites.

5)  Intellectual Property Protection
Materials contained on or obtained through this Site, including, but not limited to, text, graphics, images, data, audio and video are owned or licensed by the Company.  The Company and its third-party licensors retain all proprietary rights in and to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets, know-how, and prohibitions against unfair competition ) and all broadcasting rights or other distribution rights associated therewith.  In addition, the Company owns the copyrights in graphical presentation of the content of this Site as the Company’s collective work.  You acknowledge the validity of the Company’s copyright claims, and agree not to contest such claims, nor assist others in doing so.  Unless otherwise expressly indicated on this Site or except for downloading and printing portions of the Materials that we deliver to you at your specific request, you may not download, store, print, modify, copy, reproduce, translate, perform, display, publish, create derivative works of, distribute or otherwise use the Materials in any way, without the Company’s prior written permission.

You may not frame or utilize framing techniques to enclose all or any portion of this Site.  You may not use any metatags or any other similar hidden text utilizing the Company’s name or trademarks, or any of the names or trademarks of any of the Company’s product suppliers.

6)  Prohibited Activity

 You may not do any of the following while using this Site:

▪ interfere with or disrupt networks connected to this Site or violate the regulations, policies or procedures of such networks;
▪ attempt to gain unauthorized access to this Site, computer systems or networks connected to this Site, through password mining or any other means;
▪ interfere with another user’s use and enjoyment of this Site;
▪ upload any message, information, data, text, software, graphic files or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
▪ upload any Content that contains a virus, corrupted file, or other harmful component;
▪ impersonate any person or entity, including, but not limited to, the Company personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
▪ upload any Content that you do not have a right to upload under law or under contractual or fiduciary relationships (including, but not limited to, nondisclosure agreements);
▪ upload any information or grant permissions to view information to any person in a manner that exceeds your contractual or other legal authority;
▪ upload any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);
▪ intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another’s use of this Site; or
▪ upload any Content that violates or infringes any patent, <st2:policysmarttags.cwspolicytagaction_5 tagtype=”4″>trademark, trade secret, copyright or any right, of whatever nature, of anyone.

If you violate any provision of this Section, your permission to use the Materials and this Site shall automatically terminate.

7) Use of Site
You understand and expressly agree that use of this Site and the Materials is at your sole risk and that this Site and the Materials may not be current, complete, uninterrupted, accurate or error-free.  We make no representation or warranty regarding the use, validity, security, accuracy, currency, completeness, or reliability of the content accessible on the Site, or the results you might obtain from the use of this Site or the Materials, or any of the products or services about which information is displayed on the Site or in the Materials, and do not assume any liability or responsibility for any errors or omissions in the Materials, any actions that you take, or do not take, in reliance upon the Materials, or any use you may make of the products or services you may purchase or acquire through your use of the Site. 

8)DISCLAIMER OF WARRANTIES 

THIS SITE AND THE MATERIALS DISPLAYED ON THIS SITE ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ANY EXPRESS WARRANTIES OF ACCURACY, TIMELINESS, NON-INFRINGEMENT OR COMPLETENESS OF ANY MATERIALS DISPLAYED ON THE SITE.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, PROCUCT OR SERVICE SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS OR BUG, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION YOUR USE OF THIS SITE, ANY WEBSITE TO WHICH YOU MAY LINK FROM THIS SITE, OR ANY PRODUCTS OR SERVCIES THAT YOU MAY ACQUIRE OR PURCHASE THROUGH YOUR USE OF THE SITE.  YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING ANY PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

9) Indemnification

You will defend, indemnify and hold harmless the Company and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, attorneys’ fees and litigation costs and expenses at trial or on appeal) arising from or relating to your use of this Site or the Materials, or your breach or violation of these Terms of Use.  The Company reserves the right to undertake the direct defense of any such claim at your cost and expense, and you agree to provide the Company with such reasonable cooperation as it may request.

10) Governing Law; Dispute Resolution  
These Terms of Use will be governed by the Iaws of the State of Florida, without regard to its conflicts of laws principles.  You agree that any and all disputes, claims and causes of action arising from or relating to this Site or these Terms of Use may be brought only in a state court sitting in Dade County, Florida, or a federal district court sitting in Miami, Florida, and you hereby consent to the personal jurisdiction, venue and convenience of such courts.  Any and all disputes, claims and causes of action arising out of or relating to this Site or these Terms of Use shall be resolved individually, without resort to any form of class action.  Should any part of these Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these Terms of Use had been eliminated.

11) Legal Compliance
This Site is based in the United States.  Access to the Materials by certain persons may not be lawful under the laws of certain countries.  If you access this Site from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws applicable in the location from which you access the Site.

12) Waiver

Any waiver of any provision of these Terms of Use will be effective only if it is in writing and signed by an authorized officer of the Company. 

Last Updated:  March, 1, 2014