Terms & Policies

Terms & Conditions

Last Updated: 12/21/2020

These Terms of Use apply to https://www.aetherdiamonds.com (the “Website” or the “Site”). The Site is operated by Aether Diamonds (“Aether”) and the affiliated Impossible Diamond, Inc. holding company. Throughout the Site, the terms “we,” “us” and “our” refer to Aether. Aether offers this Website, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Site constitutes your agreement to these Terms of Use.

These Terms of Use do not apply to any product or service we offerfor sale on the Site. Those product or service offerings are subject toseparate terms and conditions that accompany the applicable product or serviceoffering.

Aether is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on theSite. You agree that it is your responsibility to monitor changes to the Site. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

Certain of the content, features and functionality on the Site maybe owned and operated by third parties (collectively, “Third Party Providers”).Your use of and interaction with such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers.

YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S)AND NOT US.

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Aether, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Aether, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Aether reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Aether, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Aether’s sole discretion. Aether neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Aether.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Aether reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Aether may be entitled at law or in equity.

Some features on this Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.

Some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Aether immediately. Aether may assume that any communications Aether receives under your password have been made by you unless Aether receives notice otherwise. 

You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks in any form without our express written consent. These marks include, but are not limited to:  Aether, Aether Diamonds, Impossible Diamond, “make love to the future,” “the future is a luxury,” “from thin air,” “carbon capture,” “carbon-negative,” “guilt-free,” or any other protected claim found on the Site. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Aether’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Aether’s express written consent.

Sales on this site are subject to our Return Policy. See below for more information.

This Site may contain links to other websites, some of which are operated by Aether or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Aether is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Aether, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Aether reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

You are hereby informed that Aether has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Aether’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify us at support@aetherdiamonds.com

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Aether is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.

The laws of the State of New York govern these Terms of Use and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use or use of this Website. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Aether reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Website and the revised terms will take effect thirty days after their publication on the Site.

This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Aether with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of this agreement is determined to be unlawful, void or unenforceable, the remaining provisions of the agreement will continue to be fully valid, binding, and enforceable.

If you have any questions or comments about these Terms of Use or this Site, please contact us via email at support@aetherdiamonds.com. 

Terms of Sale 

Please read these Terms of Sale carefully prior to making an online purchase from Aether Diamonds (“Aether,” “we,” “us” or “our”) through our website. By purchasing items through the Site, you agree to be bound by these Terms of Sale and our Terms & Conditions listed above. If you do not agree to all of the terms and conditions set forth in these Terms of Sale, do not purchase any items through the Site. 

We reserve the right to change or modify these Terms of Sale at any time and in our sole discretion. If we make changes to these Terms of Sale, we will post the amended Terms of Sale to the Site and update the “Last Updated” date above. We encourage you to review these Terms of Sale prior to making any purchase through the Site to ensure that you understand the terms and conditions that apply to your purchase. 

1.  Availability and Pricing 

All items offered for sale through the Site are subject to availability, and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue offering items without prior notice, even if you have already placed an order for an item. All prices are shown in U.S.dollars and applicable Taxes (as defined below) and other charges, if any, are additional. All prices are subject to change without notice. 

In the event that an item you are interested in purchasing is not listed on the Site or is listed as "Contact Us" on the Site, it may not be available for ordering from our online inventory, but may be available elsewhere in our retail stores. Please email our customer care team at support@aetherdiamonds.com. If the item is not available on the website, it is not currently available for ordering. Please check back at a later time as our inventory is subject to change. 

2.  Taxes 

You are responsible for any sales, use, duty, or other governmental taxes or fees (“Taxes”) due with respect to your purchase of items through the Site. We will collect applicable Taxes if we determine we have a duty to collect such Taxes. We will present an estimate of Taxes to be collected at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes. 

3.  Payments 

By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are included in the shipment. 

4.  Shipping and Handling 

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time; however, we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to an item passes to you upon delivery of the item to your specified delivery location.

If you have any questions regarding shipping, please contact us via email. For more information about shipping and handling fees, including international shipping, please see our SHIPPING INFORMATION. 

5.  Returns, Exchanges and Refunds 

We want you to be completely happy with the items you order from us. If for any reason you are not satisfied with an item you purchase through the Site, you may return such item (accompanied by your sales receipt) within 14 days of the date on which the item was delivered to you and elect to:

(i) exchange the item for another item available for purchase through the Site,

(ii) receive a refund in the amount you paid for the item, or

(iii) receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site.

Please notify our Customer Care team via email of your intent to return the item(s). The date on which the item(s) are mailed back to us will be considered the date of return for purposes of refund, exchange, or credit. If you return an item to us after such 14-day return period, but between 15 and 30 days of the date on which the item was delivered to you, you may still return the item and elect either to exchange the item for another item available for purchase through the Site or to receive a merchandise credit in the amount you paid for the item that may be applied to your purchase of another item through the Site. If items are not sent back within 30 days of original delivery to the customer, they are not eligible for return.

Please note that Bespoke custom and engraved pieces are not eligible for return.

To return an item you purchased through the Site, please complete the return section of the original packing slip enclosed with your order and indicate the reason(s) for the return and whether you wish to exchange the item or to receive a refund or merchandise credit in the amount you paid for the item pursuant to these Terms of Sale. You must enclose the completed return section of the original packing slip in the package you sendto us with the item you are returning. You may ship your return to us using the complimentary return shipping label provided with your order, which will ensure that your return is mailed to the proper return address. Please allow 2-3 weeks for the processing of your return. Please note that all refunds will be issued to the original form of payment. All items returned to us must be unaltered, unworn and in saleable condition. In addition, all returned items must include the original packaging in good condition and all associated tags. Please note that used items are not eligible for return unless such items are defective. Some exclusions may apply.

6.  Price Adjustments 

If the price of an item you purchase through the Site is reduced due to such item becoming a permanent sale item within 10 days of the date on which you purchased the item, you may contact us to receive a one-time (single order) refund or price adjustment for the item purchased. Such refund or price adjustment applies only to items that become permanent sale items and excludes temporary special promotion items. For questions regarding price adjustments or to submit a request for a price adjustment, please contact us support@aetherdiamonds.com

7.  Errors 

We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that the descriptions, pricing or other information on the Site is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel your order and refund any amount charged. Please note that:

·         If the correct price of an item you purchase through the Site is lower than our stated price, we will charge you the lower amount when your order is shipped.

·         If the correct price of an item you purchase through the Site is higher than our stated price, we will, at our discretion, contact you for instructions before shipping. If we are unable to contact you after 15 days, we will cancel your order and notify you of such cancellation. 

8.  Disclaimers; Limitation of Liability 

Your use of items purchased through the Site is at your sole risk. Such items are provided “as is” and “as available’ without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  

You understand and agree that, to the fullest extent permitted by applicable law, Aether Diamonds, Impossible Diamond, Inc. and its officers, directors, agents, partners and employees (individually and collectively, the “Aether Parties”) will not be liable to you under any theory of liability—whether based in contract, tort, negligence or otherwise—for any indirect, consequential, incidental, or special damages or lost profits that may be incurred by you, arising out of or in any way connected to these Terms of Sale or the use of, or inability to use, any items purchased through the Site, including, without limitation, any damages caused by or resulting from reliance by you on any information or items obtained from us, whether or not Aether Diamonds or another Aether Party has been advised or should have been aware of the possibility of any such losses. You understand and agree that, to the fullest extent permitted by applicable law, the Aether Parties’ total liability in connection with the items purchased through the Site and these Terms of Sale will not exceed the amount you actually paid to Aether Diamonds for such items purchased.

The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by items you purchased from us through the Site or for the gross negligence, fraud or intentional misconduct of any Aether Parties, or for any other matters in which liability cannot be excluded or limited under applicable law. 

9.  Dispute Resolution; Binding Arbitration 

INSTEAD OF SUING IN COURT, YOU AGREE THAT ANY DISPUTE RELATING TO THESE TERMS OF SALE, YOUR PURCHASE OF AN ITEM THROUGH THE SITE OR ITEMS PURCHASED FROM US WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK, NEW YORK.

ANY ARBITRATION UNDER THESE TERMS OF SALE WILL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THESE RULES ARE DIFFERENT FROM THOSE FOUND IN A COURT BECAUSE, AMONG OTHER REASONS,THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED.

AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, HOWEVER, AND MUST HONOR THE SAME LIMITATIONS STATED IN THESE TERMS OF SALE AS ACOURT WOULD.

THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

ALL ARBITRATIONS SHALL PROCEED ON AN INDIVIDUAL BASIS.

THE ARBITRATOR IS EMPOWERED TO RESOLVE THE DISPUTE WITH THE SAME REMEDIES AVAILABLE IN COURT, HOWEVER, ANY RELIEF MUST BE INDIVIDUALIZED TOYOU AND WILL NOT AFFECT ANY OTHER CUSTOMER.

YOU AND AETHER DIAMONDS/IMPOSSIBLE DIAMOND INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERTOR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. 

10.  Governing Law 

These Terms of Sale and your purchase of items through the Site will be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in New York, New York with respect to any dispute related to these Terms of Sale or your purchase of an item through the Site that is not subject to arbitration under these Terms of Sale. 

11.  Severability 

If any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions. 

12.  Questions 

If you have any questions regarding these Terms of Sale, please contact us via email at support@aetherdiamonds.com.

Shipping Times & Rates

Please note: Due to evolving global circumstances and the custom production of each of our rare diamonds, all orders are requiring a minimum 12-week processing time. We are unable to ship orders outside of theUnited States. Some orders may experience delivery delays.

STANDARD SHIPPING INFORMATION

Shipping and handling rates are calculated at checkout.Order and shipping confirmation emails will note that a signature is required at the time of delivery. If you need to make changes to your shipping information, please follow the instructions in your shipping confirmation email. Currently, we do not allow shipments to P.O. Boxes.  Billing addresses may contain P.O. Boxes.  We also do not allow shipments to APO/FPO/DPO or freight forwarding address locations.

If you have any questions, please e-mail us.

We will send updates regarding the status of your order, including when your item(s) ship*, to the email address you provided when ordering.

*This excludes items shipped from an outside vendor.

Privacy & CCPA Policy

Aether Global Privacy Notice

Last Updated: December 21, 2020

We at Aether Diamonds, along with our subsidiaries and affiliates (collectively, “Aether”), respect your concerns about privacy. References in this Global Privacy Notice to “we”, “us”, “our”, “Aether” and “Aether Diamonds” are references to the entity responsible for the processing of your personal information, which generally is the entity that obtains your personal information. This Global Privacy Notice describes the types of personal information we collect about our consumers, how we use the information, with whom we share it and the choices available to our consumers regarding our use of the information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices.

This Global Privacy Notice applies to the personal information we obtain via your transactions and interactions with Aether, including through your use of Aether websites, mobile applications, social media pages and other platforms that reference this Privacy Notice (“Online Channels”); your visits to our stores, including when you complete our customer information collection cards, and when you connect with us via telephone, at our events and through surveys (“Offline Channels”); and through our third-party sources, including advertising and social media networks (collectively, the “Channels”). This Global Privacy Notice does not govern the collection or use of the information you provide in connection with an Aether credit card account where such offering is available. We notify our credit card account holders of our privacy practices annually, or as otherwise required by law. If you are a credit card account holder, you annually receive our Privacy Notice to Aether Diamonds Credit Card Account Holders by mail. The information you provide in connection with your Aether credit card account is managed solely pursuant to that notice.

Information we obtain:

We collect personal information about you through various channels as described above. The types of personal information we collect include:

• contact information (such as name, postal address, email address, and mobile or other telephone number);

• username and password;

• payment information (such as your payment card number, expiration date, authorization number or security code, delivery address, and billing address);

• customer service information (such as customer service inquiries, comments, and repair history);

• photographs, comments and other content you provide;

• information regarding your personal or professional interests, date of birth, marital status, demographics, and experiences with our products and contact preferences;

• information you submit in connection with a career opportunity at Aether, such as contact details, information in your résumé (including work history, education and language skills) and details about your current employment;

• purchase and transaction information;

• contact information you provide about friends or other people you would like us to contact;

• location data (such as data derived from your IP address, country and/or zip code) and the precise geolocation of your mobile device where we have provided notice and choice, as appropriate;

• clickstream data and other information about your online activities (such as information about your devices, browsing actions and usage patterns), including across the Online Channels and third-party websites, that we obtain through the use of cookies, web beacons and similar technologies (see our Cookie Policy);

• information we may obtain from our third-party service providers; and

• other personal information we obtain through our Channels.

Collection with cookies and other technologies:

We use cookies, web beacons (including pixels and tags), web server logs and other technologies that collect certain information about you by automated means through our Online Channels, including when you visit our websites, interact with our emails, use our apps, or interact with Aether -related ads, content, tools, widgets or plug-ins. You can learn more about these technologies and how to manage your preferences by visiting our Cookie Policy.

The providers of third-party apps, tools, widgets and plug-ins on our Online Channels, such as social media “Like” buttons, also may use automated means to collect information regarding your interactions with these features. This information is collected directly by the providers of the features and is subject to the privacy policies or notices of these providers. To the extent permitted by applicable law, Aether is not responsible for these providers’ information practices.

How we use the information we obtain:

We use the personal information we obtain as described in this policy and rely on a number of legal bases to do so as described further below, including:

• performance of a contract with you;

• our legitimate business interests;

• compliance with a legal obligation, a court order, or to exercise or defend legal claims; or

• your consent to the processing, which you can revoke at any time.

-

We use the information we obtain to perform a contract with you or to take steps at your request prior to entering into a contract, including to:

• transact with you and provide various products and services to you;

• process and fulfill orders in connection with our products and services and keep you informed about the status of your order;

• manage career opportunities, including for recruitment purposes, employee onboarding and other Human Resources purposes;

• provide customer support (including repairs, alterations, cleaning and other services); and

• create and manage your account with Aether.

-

We use the information we obtain on the basis of our legitimate interests, which we can describe further upon request, including to:

• operate, evaluate and improve our business (including developing new products and services; enhancing and improving our services; managing our communications; analyzing our products and customer base; performing data analytics; and performing accounting, auditing and other internal functions);

• reduce credit risk and manage collections;

• verify your identity;

• send you promotional materials and other communications (including thank you notes, special occasion reminders and other communications from sales professionals with whom you’ve engaged);

• communicate with you via email, postal mail, phone and other means about, and to administer your participation in, special events, contests, sweepstakes, programs, offers, surveys and market research;

• protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities;

• comply with and enforce relevant industry standards, contractual obligations and our policies; and

• respond to your inquiries.

In addition, we process your personal information to comply with and enforce applicable legal requirements to which we are subject and for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

We also use the information in other ways for which we provide specific notice at the time of collection and obtain your consent to the extent required by applicable law.

Use of cookies and other technologies:

Where we have obtained your consent to the extent required by applicable law, we use information collected through cookies, web beacons (including pixels and tags), web server logs and other automated means for the purposes described in our Cookie Policy.

We also use third-party analytics services on our Online Channels, such as those of Google Analytics, Adobe Experience Cloud and Sizmek, which use cookies and similar technologies to collect data (such as IP address) to evaluate use of and interaction with our Online Channels. To the extent required by applicable law, we will obtain your consent before using cookies for analytics purposes. To learn more about these analytics services and how to opt out, please visit the relevant websites listed here:

• Google Analytics: http://www.google.com/analytics/learn/privacy.html

• Adobe Experience Cloud: http://www.adobe.com/privacy/analytics.html#1

• Sizmek: https://www.sizmek.com/privacy-policy

When you use our Online Channels, both we and certain third parties (such as our advertising networks, digital advertising partners and social media platforms) collect information about your online activities, over time and across third-party websites (such as on websites that serve our ads). We may use such information to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. You may see certain ads on other websites because we engage third-party ad buying networks (such as Facebook, Rubicon and Twitter).

Through such buying networks, we can target our messaging to users through demographic, interest-based and contextual means. The information our ad networks may collect on our behalf includes data about your visits to websites that serve Aether advertisements, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our websites and on third-party websites that participate in these ad networks. This process helps us track the effectiveness of our marketing efforts. To learn how to opt out of this ad network interest-based advertising, please visit http://optout.aboutads.info.

To the extent required by applicable law, we will obtain your consent before using your information for interest-based advertising. Our Cookie Policy provides details about the purposes of this data collection via cookies and other technologies and how to exercise your choices (such as changing your cookie preferences).

Information we share:

We do not disclose personal information we collect about you, except as described in this Global Privacy Notice. We share personal information with service providers who perform services on our behalf based on our instructions. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card payments, manage and reduce our credit risk, verify information, fulfill orders, and provide web hosting, analytics and marketing services. We also share your personal information within the Aether worldwide network for the purposes described in this Global Privacy Notice.

In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, and (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell or transfer (or contemplate the sale or transfer of) all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).

How long we retain personal information:

To the extent permitted by applicable law, we typically retain personal information we obtain about you for as long as it is needed (1) for the purposes for which we obtained it, in accordance with the terms of this Global Privacy Notice, which generally means that we will keep your personal information for the duration of our relationship or as long as you keep your account open with us; or (2) to take into account applicable statute of limitation periods and comply with mandatory applicable laws. As described in the “Your Rights and Choices” section of this Global Privacy Notice, to the extent provided by the law of your jurisdiction, you may request that we delete your information or restrict the processing of such information by contacting us as indicated below.

Your rights and choices:

We offer you certain choices in connection with the personal information we collect about you, such as how we use the information and how we communicate with you. To update your preferences, ask us at any time to remove your information from our mailing lists, exercise your rights or submit a request, please contact us as indicated in the How to Contact Us section of this Global Privacy Notice. You can also unsubscribe from our mailing lists by following the “Unsubscribe” link in our emails. To the extent provided by the law of your jurisdiction, you may request access to the personal information we maintain about you or request that we correct, update, amend, or delete your information, or that we restrict the processing of such information by contacting us as indicated below.

Subject to applicable law, you have the right to receive, in a structured, commonly used and machine-readable format, the personal information that you have provided to us about you, with your consent or based on a contract to which you are party. You have the right to have this information transmitted to another company, where it is technically feasible. You also may lodge a complaint with the data protection authority in your country if you are not satisfied with our responses.

Where provided by law, you may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward. This will not affect the lawfulness of our use of your information based on your consent before its withdrawal.

To exercise your rights, please contact us as indicated in the “How To Contact Us” section of this Privacy Notice. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information or complying with your request. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request if we find it to be manifestly unfounded or excessive, or in case of an access request, in order to provide you with additional copies of the personal information we maintain about you.

When you use our Online Channels, both we and certain third parties (such as our advertising networks, digital advertising partners and social media platforms) may collect personal information about your online activities, over time and across third-party websites. Certain web browsers allow you to instruct your browser to send Do Not Track (“DNT”) signals to websites you visit, informing those sites that you do not want your online activities to be tracked. While our Online Channels are not designed to respond to all types of DNT signals or similar mechanisms from browsers as there is no common, industry-accepted standard for doing so, when we recognize a relevant DNT signal, we aim to suppress the third-party tags that are used to recognize your computer once you navigate away from our site and which are used to present you with Aether advertisements. In our Cookie Policy, we provide information about how you can manage your cookie preferences and the choices you can make in connection with the personal information we collect about you through automated means. To learn more about managing your preferences in relation to the data we collect on an automated basis, please visit our Cookie Policy.

If you are a California consumer, please see our California Consumer Privacy Statement listed at the end of this Privacy Policy.

Data Transfers:

We may transfer the personal information we collect about you to the United States and countries outside of the country in which the information originally was collected, including the jurisdictions in which our affiliates and service providers operate. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will implement appropriate safeguards to help ensure that we protect that information as described in this Global Privacy Notice.

How we protect personal information:

We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Children’s personal information:

Our Online Channels are designed for a general audience and are not directed to children. We do not knowingly collect or solicit personal information from children under the age of 13 (or other relevant age, as applicable pursuant to relevant law) through our websites and apps. If we become aware that we have collected personal information from a child under such age, we will promptly delete the information from our records. If you believe that a child under such age may have provided us with personal information, please contact us as specified in the “How To Contact Us” section of this Global Privacy Notice.

Links to external sites and services:

For your convenience and information, our Online Channels may provide links to non-Aether sites, apps and services that may be operated by companies not affiliated with Aether. These companies may have their own privacy notices or policies, which we strongly suggest you review. Our products and services also may be made available to you through third-party platforms (such as providers of app stores) or through other third-party channels. We are not responsible for the privacy practices of any non-Aether sites, apps or services.

Updates to our global privacy notice:

This Global Privacy Notice (including any addenda) may be updated periodically to reflect changes in our personal information practices. For significant changes, we will notify you by posting a prominent notice on our website indicating at the top of the Notice when it was most recently updated.

How to contact us:

If you would like us to update information we have about you or your preferences, or if you have any questions or comments about this Global Privacy Notice, please contact us by email at support@aetherdiamonds.com.

If you are a California consumer, please see our California Consumer Privacy Statement below:

We may collect the following categories of personal information about you:

• Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers

• Additional Data Subject to Cal. Civ. Code § 1798.80: signature, physical characteristics or description, state identification card number, education, bank account number, credit card number, debit card number, and other financial information, medical information, and health insurance information

• Protected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, gender expression, marital status, medical condition, disability, citizenship status, and military and veteran status

• Commercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies

• Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements

• Geolocation Data

• Sensory Information: audio, electronic, visual, thermal, olfactory, and similar information

• Employment Information: professional or employment-related information

• Education Information: education information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99)

• Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We may use the categories of personal information listed above for the purposes described in our Global Privacy Notice. In addition, we may use such categories of personal information for certain business purposes specified under the CCPA, as described below:

• Performing Services: Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services

Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; Education Information and Inferences

• Auditing: Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance

Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Commercial Information; Online Activity and Inferences

• Short-term Use: Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction.

Identifiers; Commercial Information; Online Activity; Geolocation Data and Inferences

• Security Purposes: Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; Education Information and Inferences

• Debugging: Debugging to identify and repair errors that impair existing intended functionality

Identifiers; Online Activity and Geolocation Data

• Internal R&D: Undertaking internal research for technological development and demonstration

Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information and Inferences

• Safety: Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by usIdentifiers; Commercial Information; Online Activity; Geolocation Data; Sensory Information and Inferences

In addition, we may also use the following categories of personal information for purposes of managing career opportunities with Aether: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Online Activity; Geolocation Data; Sensory Information; Employment Information; Education Information and Inferences.

California Consumer Privacy Rights:

You have certain choices regarding our use and disclosure of your personal information, as described below.

• Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold about you during the past 12 months.

• Deletion: You have the right to request that we delete certain personal information we have collected from you, subject to certain exceptions.

• Opt-Out of Sale: You have the right to opt-out of the sale of your personal information. Please understand that we will still share your information in ways that are not a “sale,” such as with our service providers, for our own online advertising purposes. Your opt-out will be specific to the web browser or device you use at the time you exercise your opt-out rights; if you use multiple web browsers or devices, you will need to opt-out from each browser and device. Please note that opting-out of the sale of your information for interest-based advertising purposes does not mean you will stop seeing ads, including interest-based ads, and your information that was collected and sold prior to 90 days before your opt-out request may be further used and sold for interest-based advertising purposes.

• Shine the Light Request: Subject to certain limitations under California Civil Code § 1798.83, California residents may ask us to provide them with (a) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (b) the identity of those third parties.

How to Submit a Request:

To submit an access or deletion request or Shine the Light request, please contact us at support@aetherdiamonds.com. To learn more about the information we collect, use and disclose for interest-based advertising purposes, and how to opt-out of the sale of your information for interest-based advertising purposes, please refer to the interest-based advertising section of our Global Privacy Notice. To opt-out of other potential sales of your personal information, please email us at support@aetherdiamonds.com.

Verifying Requests:

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. In addition, if you ask us to provide you with specific pieces of personal information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make an access, deletion or opt-out of sale request on your behalf (a) we may require you to provide the authorized agent written permission to do so, and (b) for access and deletion requests, we may require you to verify your own identity directly with us.

Additional Information:

If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. This Statement is available in alternative formats upon request. Please email support@aetherdiamonds.com to request this Statement in an alternative format.

Cookies

Cookies are automated means through which we collect information on our website and by which we can sometimes track information about your use of our website. We use cookies to optimize your user experience, the functionality of our website and our service to you. When you visit our site, our web server sends a cookie to your computer, which allows us to recognize your computer to perform a variety of functions.

By proceeding to navigate beyond this page, you consent to our cookie settings and agree that you understand this Cookies Policy and Privacy Policy. Please note that you may restrict cookies by changing your browser settings, but that such restrictions will potentially degrade and impact your user experience and functionality of our website.

What purpose do cookies serve?

1. Cookies Support Basic Website Functionality: Some cookies are functional and necessary cookies that support essential features of our website, such as storing your shopping cart selections while you continue to shop and navigate to different pages of our website.

2. Cookies Can Help Improve the Quality of Our Website and Services: Cookies collect information (including sometimes IP address) to assess how you use our website, so that we can improve the navigability of our site and provide you with better service. We use this information to:

• Provide aggregate and anonymous statistics on how our site is used;

• See how effective our advertisements are by identifying where you click and from which website you arrived;

• Provide feedback to carefully selected third party partners that one of our visitors also visited their website;

• Help us improve the site by capturing errors in your browsing experience;

• Provide you with improved site functionality by allowing access to additional services or restoring your shopping bag if you wish to return on a subsequent browsing session.

3. Cookies May Share Information With Our Carefully Chosen Third-Party Partners: Third-party cookies may share information with partners to provide services on our site. The information shared is only to be used to provide the service or function (such as social media “like” and “share”buttons). Certain third-party cookies can be used to offer a customized user experience, by providing you with interest-based services (see “Interest-Based Advertising” in our Privacy Policy) both on this site and on some other websites as well. Some of these customized browsing experiences may be linked to services provided by third parties which provide these services to recognize that you have visited our site. This information is used to inform you of Aether products and services which may be of interest to you. These cookies may also link to social media networks or provide advertising agencies with information about your visit so that they can present you with advertisements for Aether products and services which may be of interest to you.

To manage the third-party cookies served on our site, please visit the relevant websites listed here:

• Google Analytics: http://www.google.com/analytics/learn/privacy.html

• Adobe Analytics: http://www.adobe.com/privacy/analytics.html#1

• Sizmek: http://www.sizmek.com/about-us/privacy

To manage all cookies on our site, including those that are served by us, you can change your browser settings. For additional information on how to manage all cookies please visit http://www.allaboutcookies.org/. Please note that disabling, blocking or deleting cookies in your browser settings may impact your ability to fully use our website.

Please see our Privacy Policy for further details about what information we collect and how we use any personal information you give us, however not all information captured by using cookies will identify you.