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Privacy

1. Privacy Policy
This web site is owned and operated by American Apparel, Inc., a United States, California corporation ("American Apparel") under the domain name "store.americanapparel.com.au" [http://store.americanapparel.com.au].

This site is hosted by Yahoo! Store and American Apparel. Yahoo! automatically collects order information but may only use this information in the aggregate. If you accessed this store through Yahoo! Shopping, Yahoo! also automatically collects information about your shopping experience. Please see the Yahoo! Privacy Policy [http://info.yahoo.com/privacy/us/yahoo/details.html] for more information about how Yahoo! uses this information.

We love our customers. We realize that you have other options, and we appreciate that you have chosen American Apparel products. We strive to be the most progressive garment manufacturer in the world, and we extend that ambition to our online sales.

We understand that you are concerned about your security, privacy and the confidentiality of information we may gain about you online. We are committed to respecting your privacy.

Throughout this Privacy Policy we refer to your "personal information" which means information about you as an individual or from which your identity can be reasonably ascertained. Your home address and home telephone number are examples of personal information.

This Privacy Policy explains our policy for handling personal information which you provide to us as you access and interact with this Web Site. This Privacy Policy should be read in conjunction with the American Apparel Web Site Terms of Use (see below).

We will post any changes to this Privacy Policy on this Web Site, so we encourage you to check this Privacy Policy from time to time.

In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy provisions which apply to certain parts of this Web Site. You should review such additional provisions where applicable. In the event of any inconsistency between the provisions of this Privacy Policy and those specific and additional provisions, the specific and additional provisions will prevail.
2. Information Collected and How We Use It
The information about you which we may collect through this Web Site varies depending on how you use this Web Site.

We will collect information through any electronic forms you submit via this Web Site, or other messages you send us by e-mail.

In common with many web sites, we may collect information such as the date and time of your visit to this Web Site, the pages accessed and any information downloaded. This information does not identify you as an individual and is used for statistical, reporting and Web Site administration and maintenance purposes only.

Whilst you may browse some information-only areas of this Web Site without providing any personal information, we may not be able to provide you with the full range of services through this Web Site if you do not provide us with the information outlined above.
3. E-Mailing Us
Unless otherwise stated, when you send us an e-mail, the contents of your e-mail and your e-mail address is used by us strictly to respond to your inquiry or purchase.
4. Cookies
Like many web sites, this Web Site may store some information on computers which access this Web Site. This information will be in the form of a "cookie" or similar file and will help us in many ways. For example, we may use cookies to recognise a browser which has previously visited this Web Site and customise this Web Site according to previous preferences and site behaviour. Cookies may also be used by this Web Site to manage security, manage forms such as the "quote request" form and store information about the type of browser being used. With most Internet browsers, users can erase cookies from their computer's hard drive, block all cookies, or receive a warning before a cookie is stored. However, some parts of this Web Site may not function fully for users that disallow cookies.
5. Use and Disclosure Information
We will use or disclose personal information we collect through this Web Site:

1. to provide you with products or services requested by you;
2. where you have consented to the use or disclosure;
3. where we have notified you of the intended use or disclosure;
4. for the purposes for which we collected it, and for related purposes which you would reasonably expect, which may include:
subject to complying with the direct marketing requirements of the Privacy Act 1988 (Cth), providing you with information relating to American Apparel or promotional details about products and services that may be of interest to you, unless you have previously advised us that you do not wish to be contacted for those purposes;
American Apparel's research (including market research), planning, service development, security, testing and risk management;
the operation, administration, development or enhancement of this Web Site;
where a third party acquires, or wishes to acquire, an interest in American Apparel; and
where we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency, where fraud is suspected, or where American Apparel is authorised, required or permitted by law to disclose the information; and
5. as otherwise required or authorised by the Privacy Act 1988 (Cth).

We may provide personal information we collect through this Web Site to third parties. The types of third parties to whom we would usually disclose that personal information may include:

1. our service providers who assist us in providing this Web Site and our products and services (for example internet and technology service providers, mail houses, call centres, and delivery companies);
2. organisations with whom we have co-promotional arrangements (and any agents used in administering such arrangements); and
3. our related bodies corporate, including, but not limited to, American Apparel Retail, Inc.

We do not provide your personal information to third party organisations for their marketing purposes.
6. Links to Other Web Sites
This Web Site may contain links to third party web sites. Any such linked web sites may contain their own privacy policies or statements and those third parties, and not American Apparel, are responsible for informing you about their security and privacy practices.
7. Security
We value the personal information you give us and use a number of mechanisms to protect the security and integrity of your personal information. Unfortunately, no data transmission over the Internet can be guaranteed as completely secure. So while we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure. Please note that messages you send us by e-mail are not secure.
8. Access to Information
If you wish to request access to any personal information which we hold about you as a result of our information collection practices outlined in this Privacy Policy, please contact us using the "Contact details" set out below. Please provide as much detail as you can about the particular information you seek, in order to help us retrieve it. An access fee may be charged to cover our costs of providing the information to you.
9. Contact Details
If you have any questions or feedback about privacy, or wish to make a complaint about the way in which we have handled your personal information, you may contact us as set out below:

American Apparel Web Department
747 Warehouse St.
Los Angeles, CA 90021

support@americanapparel.net

Terms of Use

1. About This Web Site
This Web Site contains general information about American Apparel Australia PTY Limited, and its parent company, American Apparel, Inc., a United States, California corporation. For ease of reference, both American Apparel Australia PTY Limited and American Apparel, Inc. will be collectively referred to as "American Apparel." In addition to general information about American Apparel, this Web Site also contains information about American Apparel's products, and enables you to purchase and pay for our products online. You are purchasing from American Apparel Australia PTY Limited. Your purchase of American Apparel products and use of the services, information, text, graphics, materials and other content on this Web Site ("Material on this Web Site") is governed by these Terms of Use and the associated Privacy Policy (see above). By using this Web Site you agree to be bound by these Terms of Use. In addition to the Terms of Use contained in this document, other terms of use or conditions may apply to your use of this Web Site, parts of this Web Site, or to products and services offered via this Web Site. You will be bound by these additional terms, as applicable. This Web Site is owned and operated by American Apparel, Inc., under the domain name "store.americanapparel.com.au" [http://store.americanapparel.com.au].
2. Links to Other Web Sites
We will use or disclose personal information we collect through this Web Site:

1. This Web Site may contain links to Web Sites which may be owned or operated by third parties independent of American Apparel ("Third Party Web Sites"). We do not sponsor, endorse or approve of the operators of Third Party Web Sites, or material (including services, information, graphics, or data) which is located on such Third Party Web Sites ("Third Party Material").
2. This Web Site may contain or link to information about special offers, deals or promotions by persons not related to or part of American Apparel. ("Third Party Offers"). We do not sponsor, endorse, or approve of any Third Party Offers, or Third Party Material associated with these offers.
3. Subject to any applicable law which cannot be excluded, we make no warranties or representations:
regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material, or products or services available through Third Party Web Sites; or
that Third Party Material does not infringe the intellectual property rights of any person.
that Third Party Material does not infringe the intellectual property rights of any person.
4. We are not authorising the reproduction of Third Party Material by linking Material on this Web Site to Third Party Material.
3. Privacy
Your privacy and security is very important to us. Certain data items are collected and used by this Web Site in order to confirm your product orders and other online services. This Web Site will record and track the use you make of this Web Site. The use of this data is subject to our Privacy Policy. Please read our Privacy Policy (see above) in full.
4. Completing Transactions on This Web Site
1. When entering into a transaction via this Web Site, the transaction will not be completed until an "Electronic Instruction" (being any electronic instruction, information, message, request or communication issued or transmitted to us via this Web Site) containing the acceptance from you to our offer, or the confirmation of payment from you, whichever is applicable, has been received and processed by us, and any specific steps or requirements as set out in this clause 4, have been complied with.
2. You acknowledge that the transmission of your acceptance or the confirmation of any payment, made through an Electronic Instruction may not be received by us in accordance with this clause 4 for reasons beyond either parties' reasonable control including, but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems. You further acknowledge that, to the extent permitted by law, we are not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an Electronic Instruction through this Web Site, or any failure to receive an Electronic Instruction for whatever reason.
3. We may act on and process all completed Electronic Instructions transmitted or issued through this Web Site without further consent from or reference to you.
4. We may treat an Electronic Instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instructions, or to verify the accuracy and completeness of such Electronic Instructions.
5. Payments
1. Unless provided for otherwise, all payments are to be made by selected credit cards. You must therefore provide us with details of your current and valid credit card, including:
credit card type;
name on credit card;
credit card number; and
expiry date.
2. Your credit card will not be charged until your order is ready for shipment. If only part of your order is ready for shipment, then you will only be charged for that part of your order which is ready for shipment. Your credit card will be charged for the remaining part of your order when those goods are ready for shipment.
6. Warranties
Whilst reasonable steps have been undertaken to ensure that information is free from error, to the extent permitted by applicable law, we do not warrant the accuracy, adequacy or completeness of Material on this Web Site. All information is subject to change without notice. We do not guarantee that this Web Site or Third Party Web Sites will be free from viruses, or that access to this Web Site or Third Party Web Sites will function as intended or be uninterrupted. All terms implied by law, except those that can not be lawfully excluded, are excluded.
7. Limitations of Liability
Subject to any responsibilities implied by law and which cannot be excluded, American Apparel, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to Material on this Web Site, to Third Party Material, third party services, or to access of this Web Site by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
8. Indemnity
You indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us as a result of your breach of these Web Site Terms of Use.
9. Availability of This Web Site
1. As electronic services are subject to interruption or breakdown, access to this Web Site is offered on an "as is" and "as available" basis only.
2. We may impose limits or restrictions on the use you may make of this Web Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, we may withdraw this Web Site at any time and without notice to you.
10. Copyright and Trademarks
1. Copyright in this Web Site is owned by American Apparel, Inc. USA.
2. Except where necessary for and incidental to personally viewing the Material on this Web Site via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Material on this Web Site may be reproduced, stored (for any period of time) in an electronic or other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without the our written consent.
3. American Apparel" is a registered trademark and exclusive property of American Apparel, Inc. USA. Third party trade marks are trade marks of the respective third parties.
11. Acceptance and Changes to Terms of Use and This Web Site
1. You acknowledge and accept that your use of this Web Site indicates your acceptance of these Terms of Use and the Privacy Policy (see above).
2. These are the current Terms of Use. They replace any other terms of use for this Web Site published on this Web Site to date. We may at any time vary the Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the products offered, services or functionality of this Web Site, by publishing the varied Terms of Use on this Web Site. We will indicate on this Web Site that these terms of use have changed, however, we are under no obligation to specifically contact or notify you of any variation to these Terms of Use. You accept that by doing this, we have provided you with sufficient notice of the variation. By your use of this Web Site after any variation, you are taken to have accepted the new Terms of Use
3. We reserve the right to do the following, at any time, without notice:
modify, suspend or terminate operation of or access to this Web Site, or any portion of this Web Site, for any reason;
modify or change this Web Site, or any portion of this Web Site, including products offered, prices and any applicable policies;
interrupt the operation of this Web Site, or any portion of this Web Site, as necessary to perform maintenance, error correction or other changes.
12. General
1. The law applicable to this Web Site and to disputes arising out of this Web Site is the law of the State of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
2. Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.
3. You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this clause, "conduct" includes delay in the exercise of any right. "Right" means any right of American Apparel arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause. "Waiver" includes an election between rights and remedies, and conduct which might otherwise give rise to an estoppel.
13. Linking to American Apparel
Please contact us if you would like to link to any part of this Web Site.
Information Service Policies