|MCD Surf has instituted policies
and practices intended to ensure that your personal information is handled
in a secure manner that respects and protects your privacy.
page so that you can be aware of what information we collect and how
we are using and/or disclosing it. By using our website, you consent
to the collection and use of this information by MCD Surf. MCD Surf (“MCD
is a division and wholly owned subsidiary of Perry Ellis International,
What information does MCD Surf collect?
How does MCD Surf use this information?
How can you access your information?
How does MCD Surf protect your information?
Does MCD Surf disclose your information to others?
How does MCD Surf protect a child's privacy?
Does MCD Surf use "cookies"?
Does MCD-Surf.com have links
to other web sites?
Copyright and Trademark Notice
|What information does MCD Surf collect?
MCD Surf collects data that you provide to our company-owned channels of
operation, such as MCD-Surf.com, either through transactions, email
registration, sweepstakes, contests, or membership; or through phone,
mail and fax interactions or paper registrations that you submit.
This includes information such as your name, mailing address, email
address, phone number, any personal preferences you choose to provide,
transaction details such as style, size, price, discount, date, store,
your credit card number and expiration date used for transactions, and
an encrypted password to ensure maximum protection of your privacy ("Personal Information").
MCD Surf occasionally obtains email addresses of active MCD Surf customers who requested
fashion emails on other websites. MCD Surf also reserves the right to obtain publicly accessible customer demographics.
|How does MCD Surf use this information?
MCD Surf does not sell, rent or trade with third parties any Personal Information you
provide to us.
To alleviate any concern on your part, PerryEllis.com does not store or
provide access to credit card information, which is why you will be required
to re-enter your credit card and expiration date with every online credit
MCD Surf uses this Personal Information to confirm and process sales transactions
to contact you with questions or communications about your order, or to respond to your customer service inquiries.
MCD Surf also uses this Personal Information to enhance and personalize your shopping experience
and to communicate with you for marketing and promotional purposes via targeted postal pieces, phone messages,
or personalized emails. You may indicate your contact preferences regarding promotional communications
directly to us online.
|How can you access your information?
You may access and edit the Personal Information that you provide online when
you authenticate your right to access by signing in at MCD-Surf.com.
Simply click on
"My Account" from the home page and enter your email address and password to
access your information. You can request password help at any time by clicking
"forgot password?" link at which time PerryEllis.com will email an encrypted
password to the associated email address.
Currently, we do not provide online access to information that you provide to MCD Surf offline.
|How does MCD Surf protect your information?
All Personal Information input by you and transmitted to our website when you
place an order or provide Personal Information is protected by password
and by an encryption using Secure Socket Layer Technology ("SSL"). SSL
encrypts your order and Personal Information before it is transmitted
to us to avoid the decoding of your Personal Information by anyone other
than MCD Surf.
|Does MCD Surf disclose your Personal Information to others?
MCD Surf International does not sell, rent or trade with third parties any Personal
Information you provide to us, nor do we share such Personal Information with third
parties except for the express purpose of assisting us in fulfilling your transactions
and customer service inquiries, updating your customer information record in our database,
deploying our promotional offers to you, or fulfilling your request to unsubscribe from our
email. We do not authorize those third parties to make any other use of your information.
MCD Surf honors every request to unsubscribe from receipt of emails within ten
(10) days of receiving the request, not only for promotional emails that MCD Surf
sends, but also for emails about MCD Surf that we permit other companies to send to
their own list of subscribers. As such, in compliance with the CAN-SPAM Act of 2003,
MCD Surf will provide to such companies the email address of anyone who has submitted
to MCD Surf an unsubscribe request, provided such company agrees not to disclose or
use such email address for any other purpose than honoring your request to not receive
MCD Surf promotional emails.
MCD Surf reserves the right to use and/or disclose to others Personal
Information about your demographics and use of our website in a manner that does not reveal your identity.
|How does MCD Surf protect a child's privacy?
In keeping with the Children's Online Privacy Protection Act, MCD Surf will never knowingly request
Personal Information from any person under the age of 13, without first seeking prior verifiable parental
consent. If we become aware that a user of our website is under the age of 13 and has provided an online
registration without prior verifiable parental consent, we will remove that child's Personal Information from our files.
MCD Surf use "cookies"?
"Cookies" are small data files or small bits of information that are stored by
your browser on your computer's hard drive when you visit our website so that
we can recognize you. Cookies do not alter your hard drive in any way and cannot
be used to access any Personal Information from your computer. They merely enable
us to personalize your shopping experience by helping us keep track of your order
as you shop on our website, maintain information about your use of our website,
to identify the website you visited immediately before visiting our website and
and improve our website design. You can change your browser so that it will not
automatically accept cookies. Also, the profile you build at MCD-Surf.com allows
you to request that we do not "remember you",
something we recommend if you are using a shared or public computer.
MCD-Surf.com have links to other web sites?
There may be links on our website to the web sites of others. When you click onto one of
these links, you are leaving MCD Surf' website and accessing another party's website.
These other web sites are not under our control and may collect Personal Information from
you. Our Privacy and Security Policy does not address the information, privacy and security
practices or policies of any other website. For more information, please read our copyright, trademark, and site usage policy.
MCD Surf collects various types of personal
information about you both online and offline during the course of our customer
relationship. Under California law, if you are a resident of California, you
may make a written request to MCD Surf about how we have shared your
information with third parties for their direct marketing purposes. In
response to your written request, MCD Surf is allowed to provide you
with a notice describing the cost-free means to opt-out of our sharing
your information with third parties with whom we do not share
the same brand name, if the third party will use it for their
direct marketing purposes.
If you would like to exercise your
rights under California law, please send your written request to the
email address or postal address below. Your written request must include
your postal address so that we may provide you with our notice and third
party direct marketing opt-out form. MCD Surf will provide you with this
form within thirty (30) days of receiving your written request.
Attn: Direct Operations
3000 N.W., 107th Avenue
Miami, FL 33172
If you would like to know what information is gathered about you when you visit us
by clicking here.
Site Usage Policy
User Comments, Feedback, Postcards and Other Submissions
Links to Other Web Sites
Notices for Reporting and Making Claims of Copyright Infringement
MCD-Surf.com is the official website for MCD Surf, a wholly owned subsidiary
and division of Perry Ellis International, Inc. We ask that you abide
by the terms and conditions of use that follow. Please read them carefully,
because your use of the MCD-Surf.com web site (the "Site")
constitutes your agreement to be bound by these terms. If you do not
agree to be bound by these terms and conditions of use, you may not access
or otherwise use this Site. We reserve the right to revise these terms
and conditions from time to time. When we make changes, we will post
them here. You may wish to check this section from time to time, because
your use of the Site following any changes indicates your agreement to
be bound by those modifications.
|Site Usage Policy
|You are prohibited from violating or
attempting to violate the security measures on the Site, including, without limitation:
||Using a false password or one
belonging to another user or accessing data not intended for the user or logging into
a server or account which such user is not authorized to access;
||Disclosing a password or
permitting a third party to use a password or failing to notify us if a password is compromised;
||Attempting to probe, scan or test the vulnerability of the system
or network or to breach security or authentication measures without proper authorization;
to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
||Sending unsolicited e-mail,
including promotions and/or advertising of products or services;
||Forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup posting; or
||Hijacking all or any part of the
Site content, deleting or changing any Site content, deploying pop-up messages or advertising,
running or displaying this Site or any Site content in frames or
through similar means on another Site, or linking to the Site or any page
within the Site, without our specific written permission.
|(B) General Rules
You agree to use the Site only for lawful purposes and only for your own personal,
non-commercial use. You may not use the Site to transmit, post, download, distribute,
copy, display publicly, store or destroy material (a) in violation of any applicable law
or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade
secret or other intellectual property rights of others or violate the privacy or publicity
or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening,
defamatory, abusive or hateful.
We have absolute discretion to determine if any use violates these rules, and to act
as we deem appropriate in the event of any violation. Violations of system or network
security may result in civil or criminal liability. We will investigate occurrences which
may involve such violations and may involve, cooperate with, and make disclosures to, law
enforcement authorities in identifying and prosecuting users who are involved in such violations.
Unless otherwise noted, all materials, including images, illustrations, designs,
icons, photographs, video clips, and written and other materials that
appear as part of the Site (collectively, the "Contents") are property owned,
controlled, licensed or used with permission by MCD Surf, and/or
its parent company, and its subsidiaries and affiliates (collectively, "MCD").
The Site as a whole and its Contents are protected by copyright, trademark,
trade dress and other laws and all worldwide right, title and interest
in and to the Site and its Contents are owned by MCD or used with permission.
MCD-Surf.com and all other trademarks appearing on this Site are trademarks
of MCD or are licensed or used with permission of the owner by MCD.
The Contents of the Site, and the Site as a whole, are intended solely for personal,
non-commercial use by the users of the Site and may not be used except as permitted in
displayed on the Site for your personal use only. No right, title or interest in any downloaded
materials or software is transferred to you as a result of any such downloading or copying. You
may not reproduce (except as noted above), publish, transmit, distribute, publicly display, modify,
create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or
in part, any of the Contents, the Site, or any related software. Nothing contained on this Site grants
or should be construed as granting, any license or right to use, implied or otherwise, any trademarks,
trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site
without the prior written consent of MCD or the owner of such material.
MCD Surf' products displayed on the Site are generally available in most
cases in select department and/or company-owned stores in the United
States and select foreign markets while supplies last. In some cases,
merchandise displayed on the Site may not be available in stores and
MCD Surf makes no representations or warranties that any of the products
or services displayed on the Site will be available at any time or location.
Any prices displayed on the Site are quoted in U.S. Dollars and represent
manufacturer's suggested resale prices for the United States.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site.
However, as the actual colors you see will depend on your monitor, we cannot guarantee that
your monitor's display of any color will be accurate.
All comments, feedback, suggestions, ideas, and other submissions disclosed,
submitted or offered to MCD on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of this Site (collectively, "Comments")
shall be and remain MCD's property. Such disclosure, submission or offer
of any Comments shall constitute an assignment to MCD of all worldwide
right, title and interest in all copyrights and other intellectual properties
in the Comments. MCD is and shall be under no obligation (1) to maintain
any Comments in confidence; (2) to pay to user any compensation for any
Comments; or (3) to respond to any user Comments.
You agree that none of the Comments submitted by you to the Site will violate any
right of any third party, including copyright, trademark, privacy or other personal
or proprietary right(s). You further agree that none of the Comments submitted by you
to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for the content of any Comments you make.
You agree that MCD may send electronic mail to you for the purpose of advising
you of changes or additions to this Site, about any of MCD's products or services,
or for such other purpose(s) as MCD deems appropriate. You agree that MCD may use
You agree to defend, indemnify and hold MCD harmless from and against any and all claims,
damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
|Links to Other Web Sites
To the extent that this Site contains links to outside services and resources, including
other websites, the availability and content of which MCD does not own, operate or control,
any concerns regarding any such service or resource, or any link thereto, should be directed
to the particular outside service, resource or website. Any such links are provided solely
as a convenience to you. If you click on these links, you will leave this Site. MCD makes
no representations or warranties concerning and is not responsible for the content, information
or other material on or accessed from any other websites that are not owned, operated or controlled by MCD.
MCD ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION
OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING
FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. IN NO EVENT SHALL MCD OR ANY OF
ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS,
EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, EVEN IF MCD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT
OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES,
PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY BECAUSE SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
From time to time there may be information on this Site that contains typographical errors, inaccuracies,
or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve
the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
We apologize for any inconvenience this may cause you.
Unless otherwise specified and except to the extent MCD Surf’ products
are offered for sale in the United States through this Site, this Site and
the Contents thereof are displayed solely for the purpose of promoting MCD Surf’ products
and services available in the United States and select foreign markets. This
Site is controlled and operated by MCD from its offices in Miami, Florida.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State
of Florida, without giving effect to any conflict of law provisions. Any dispute arising under this
Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of Florida.
Third-party trade names, product names and logos, contained in this website may be the
trademarks or registered trademarks of their respective owners.
|Notices for Reporting and Making Claims of Copyright Infringement
MCD will investigate notices of copyright infringement and take appropriate
actions under the Digital Millennium Copyright Act, Title 17, United
States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA,
written notification of claimed copyright infringement must be submitted
to the following designated agent for this website:
Attn: General Counsel - Intellectual Property
3000 N.W. 107th Avenue
Miami, FL 33172
VIA FACSIMILE: (305) 406-0513
VIA EMAIL: legal@MCD-Surf.com
|Please send any concerns regarding our products or
services to custserv@MCD-Surf.com.
This Agreement is effective unless and until terminated by either you or MCD.
You may terminate this Agreement at any time. MCD also may terminate this
Agreement at any time and may do so immediately without notice, and accordingly
deny you access to the Site, if in MCD's sole discretion you fail to comply
with any term or provision of this Agreement.