As this website is no longer active, and contains no functionality, substantial elements within these terms no longer have application and are being exhibited for historical reference only.
Scope and Nature of Policy
This Policy will notify you of what personal information of yours is collected when you enroll in an Encore Membership Program and/or use its benefits and/or access this Encore Membership Program website, and how the information is collected, used and stored. We will describe our efforts to maintain the security of your personal information, and other details concerning your personal information and our policies. Please note that this Policy does not apply to our use of aggregated data from which personally identifiable characteristics have been removed. We retain the right to use aggregated data in any way that we feel advances our business interests.
We do not knowingly solicit personal information from persons under the age of 13. Children under the age of 18 may use the membership services of Encore only in connection with the enrollment of a parent or guardian.
Collection and Use of Information
The primary reason we collect personal information about you is to process your enrollment in our membership services, provide requested membership services and products, fulfill your orders, confirm member identity, to enable us to better communicate with you by helping us respond to your contacts more effectively, and to contact you to provide information we believe could be of interest. In the ordinary course of our business we gather personal information about you including:
We may disclose your personal information to other parties for a variety of purposes as described in this section. We break these purposes down as being administrative related or marketing related.
We may disclose your personal information to other companies and individuals who we appoint to undertake, on our behalf, services related to the administration of your Encore Membership Program membership, including mail houses, call center providers, credit card processors, and such other third party providers of membership benefits provided to you as may be described within this site. These parties are required to use your personal information solely for the purposes of performing their tasks ( e.g. fulfilling orders, delivering packages, administering customer service, processing credit card payments, providing member benefits, etc.) on behalf of, and under our instructions and to observe the relevant portions of our Policy with respect to the information disclosed.
We may disclose your personal information as we reasonably believe is necessary to protect our business, to comply with applicable law, to protect the rights, privacy, safety or property of you or others, and to permit us to pursue available remedies or limit the damages that we may sustain. For example, if you breach a membership agreement with us by obtaining services from us under false pretences or through intentional misuse of membership benefits, your personal information may be used or disclosed to the extent necessary to remedy the misconduct. We may also legally disclose information about you to unaffiliated third parties when the law requires our cooperation, for example, in response to a subpoena or in response to a request by a law enforcement agency or governmental regulator.
We may share personal information about you amongst ourselves and disclose such data to our affiliates to enable us to perform the functions described above. In the event such information is shared amongst ourselves or disclosed to our affiliates, the party to whom we disclose and with respect to whom we share such data will be required to observe the relevant provisions of our Policy with respect to your personal information. We may also share information about you, unless legally prohibited, with the company, if any, who sponsored our membership program offering to you and who has a pre-existing relationship with you.
When we are required to treat personal information about you as sensitive, we will observe any applicable legal requirements with respect to the use and disclosure of such information. We will not disclose that information to our affiliates or business partners other than as authorized by applicable laws, and will not use that information for marketing purposes. To our knowledge we possess no sensitive personal information, such as information specifying medical or health conditions, about our customers.
When you accepted an offer to enroll in an Encore Membership Program and provided us with personal information about yourself, you consented to the use and disclosure of your personal information for the purposes described herein. We will not make any non-marketing use of personal information about you other than in connection with the uses above that are so authorized, unless we give you notice of that use and provide you with the opportunity to direct us not to make that use of your personal information or we are otherwise permitted by law or prevailing industry standards to make the use of your personal information without providing you with the opportunity to direct us not to.
We may, if and when appropriate, unless we are restricted by contract, (i) contact you about our own product or service offerings and enhancements and those of our affiliated entities, unless and until you inform us not to, and/or (ii) share your personal information, other than credit card information, with trustworthy unaffiliated third parties, who offer products and services that we feel may be of interest to you, unless and until you inform us not to. You may indicate so, for example, with respect to any marketing emails you may receive from us by choosing the unsubscribe option made available to you in connection with any such e-mail that may be sent to you, or indicate your intention to so opt-out of receiving marketing emails from us or of having your personal information shared with unaffiliated third parties for marketing purposes by writing to us.
As mentioned previously, we collect anonymous information concerning Encore Membership Program web site users through the use of "cookies"(small files that web sites place on users' computers to identify the user and enhance the web site experience). None of this information is received at an individual level. Visitors may set their browsers to provide notice before they receive a cookie, giving the opportunity to decide whether to accept the cookie. Visitors can also set their browsers to turn off cookies. If visitors do so, however, it may be possible, although we do not consider it as likely, that some areas of this web site may not function properly.
When you accepted an offer to enroll in an Encore Membership Program and provided us with personal information about yourself, you consented to the use of your personal information for the purposes described herein, subject to the choices, if any, you have made in regard to your options as described above.
California Residents: Program members who are California residents may request and receive from us no more than once per calendar year a list of categories of their personal information disclosed to third parties for third party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties, by submitting a specific request for this information to us.
Accessing and Deleting Your Personal Information
We respect your privacy and use the personal information we have about you conscientiously and with full disclosure. We keep secure and confidential all customer data and protect it from unauthorized access. We urge you to learn about how we keep secure the information you provide us by reading our security statement. If at any time you wish to access your information in order to update, modify or delete it or you wish to obtain a copy of your personal information on file, please contact us at the address listed below. As soon as reasonably possible upon receipt of your request, we will take the action so requested. If you request that we delete your information, we may make that information unavailable for use rather than fully deleting it from our system. Please note that we may not be able to provide you with certain products and/or services once you are removed from our contact lists.
Information Regarding Former Customers
We disclose personal information about former customers only in accordance with our Policy. Over time, information about former customers is likely to be used less and less and may ultimately be removed from our records.
Transferability of Information
In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal information will likely be among the assets transferred. Any successor company will be required to observe the relevant portions of this Policy with respect to your personal information (including any choices you have made under our Policy to limit the use of your information).
Linked Internet Sites
We may change this Policy at any time in the future by posting revisions to our web site. By your continued Encore Membership Program membership and/or use of this web site, you consent to our Policy including as revised. If we change our Policy in a way that is less protective of your privacy, then the change will not apply to our use of any of your personal information that was collected by us before the change was made, unless we provide you with the opportunity to direct us not to make the new use contemplated.
Compliance With Applicable Law
Where our collection and use of your personal information is governed by federal and state laws of the United States, we will comply with such laws and will limit disclosures concerning your personal information accordingly.
We take every precaution and have implemented a variety of safeguards to protect your personal information. To ensure the security of your personal information shared with us, we utilize state-of-the-art technology to safeguard it.
Encore Membership Program databases are protected by physical, technical and procedural measures that restrict information access to authorized persons in accordance with this Policy. Our information systems are maintained behind a software firewall. Agents are trained on our privacy and security procedures, and are only granted access to personal information needed to perform a specific required task.
If now or in the future there are parts of this website where personal financial information is requested and entered, we will incorporate within those parts industry standard secure server software (Secure Socket Layers or "SSL") allowing this information you provide online to be kept secure via the latest encryption and authentication techniques used in the industry. Your browser will also inform you by way of a Site Security Certificate of the presence of this secure area.