Last Updated As Of May 2, 2014
By accessing any part of the Site or using the Services, you agree to our treatment of information you provide to us, and information we otherwise derive from the operation of this Site, in accordance with this Policy. This Policy is part of the Terms of Service governing your use of the Site and the Services. Please read the Terms of Service. If you do not agree with any part of this Policy, you should not use the Site or the Services.
We may change or revise this Policy at any time, for any reason, and if you use or access the Site or any Services at any time on or after the “Last Updated As Of” date set forth above, you are deemed to have been notified of, and your use or access of the Site or any Services after that date signifies your acceptance of, any changes or revisions arising on or before that date. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of this Policy. You can contact us with any questions or concerns you may have about this Policy at firstname.lastname@example.org
This Policy is effective as of the “Last Updated” date set forth above. This policy does not apply to any other website that you may be able to access from the Site, which may have its own data collection and use practices and policies.
Note Regarding the Use of the Site and Services by Children: The Site and its Services are not directed to individuals under the age of thirteen (13), and we request that such individuals do not use the Site or any Services to provide us with their personal information.
NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.
We require our users under the age of majority in their jurisdiction to obtain the permission of their parents/guardians before using the Site or any Services and providing us with any personal information. We do not knowingly collect personal information from children under 13, nor do we want children under 13 to provide such personal information to us. If a child under 13 contacts us via email to request information or ask a question, we may send a one-time email reply to the email address provided by the child, and after responding to the child, the email address will be deleted.
We encourage parents and guardians to spend time online with their children and to participate in the activities offered on the Site. However, because this Site is not intended for children younger than 13 years of age, we do not knowingly collect personally-identifiable information from users of the Site who are younger than 13 years of age.If you are younger than 13, do not attempt to register on the Site or for any Services or send information about yourself to us. If you are a minor who is at least 13 years of age, you may only access and use this Site with the permission of your parent or guardian, and you represent to us that you have the permission of a parent or legal guardian to access and use the Site and to provide to us any information provided in the course of your use of the Site.
If we become aware that a user is younger than 13, we will use reasonable technical measures to delete all or virtually all personal information from the child’s postings before they are made public and also delete such personal information from our records. If we have inadvertently collected personal information from a child under 13, the parents/guardians of such a child can contact us at email@example.com to notify us of this collection, request the personal information collected about their child for review, and request the deletion of this personal information. Please include the child’s user name and the email address of the parents/guardians in the email so that we can better assist you with your request. We will take steps to verify the identity of anyone requesting personally identifiable information about a child and to ensure that the person is in fact the child's parent or legal guardian.
These children’s privacy policies have been developed with the recognition that Internet technology evolves rapidly and accordingly, this section is subject to change. In the unlikely event of such changes, they will be posted on this page. If the changes represent a material departure from our current practice with respect to the use of children's Personal Information, the changes will be posted on this page thirty days prior to taking effect.
If you are the parent or guardian of a child younger than 13 years of age who has provided us with any personal information, you may contact us at firstname.lastname@example.org to arrange for that information to be removed from our databases.
The Type of Information We Collect and How We Collect It
By accessing or using the Site, you may provide us with two types of information: (1) personally-identifiable information that you voluntarily choose to disclose to us, such as your name, address, telephone number, email address and credit card information; and (2) non-personally-identifiable information, which we collect through the use of technologies such as "cookies," "web beacons" and/or "web logs." You do not need to submit personally-identifiable information to access certain areas of the Site, but if you do not want to disclose certain personally-identifiable information to us, you will not be able to access some areas of the Site or use some of the Services.
We collect personally-identifiable information when you create an account through the Services and make changes to your account; subscribe to receive newsletters and/or updates; participate in chat rooms, forums, polls, surveys, and questionnaires; participate in promotions; make a purchase using the Services; post comments, photographs, audio, video, or other content on the Site or otherwise using the Services; contact us using links available on the Site; or receive customer or technical support.
In some instances, we may require you to provide your email address and/or other personal information, and/or to create a user name and password in order to access certain Services or use certain functionality on the Site, such as posting comments. Once you do so, you may provide us with additional information, such as your name, street address, mobile number and other personal information to complete your "profile" or otherwise take full advantage of a particular Service or Site functionality. When you purchase products or Services via the Site, we may collect payment and shipping information to process and deliver your purchase. The information will be retained for our records, which will enable you to place future purchases without the need to re-enter the information. If we provide links to third party websites to purchase products or services that are featured on the Site, such as a third party vendor or retailer, such transactions will be subject to the terms and policies of such other websites, and accordingly, we take no responsibility for the privacy of your information collected by such websites in connection with your purchase.
We may collect other types of information (known as demographic information) such as your gender and interests. This demographic information may be associated with your personally-identifiable information, but we will not share it with others in a manner that directly associates it with your personally-identifiable information.
How We Use Your Personally-Identifiable Information
The personally-identifiable information you provide to us will allow us to provide the Services, fulfill your product or Service order; alert you of new products or Services, features, or enhancements; handle/route your customer service questions or issues; and/or notify you of contests, promotions, or special events and offers. We may also share your personal information with third parties for their direct marketing and promotional purposes, but only with your permission. We may contact you by email with respect to your order of our products or Services or your account. We also use your email address to send messages to you in response to your request to perform an activity in connection with your use of any of the Services.
When you provide us with personally-identifiable information, you may be asked if you wish to receive news, updates and promotion announcements. If you say yes, we may contact you by email occasionally to inform you of such matters. You are given the opportunity with each email notification to remove yourself from the Site email contact list.
When you provide us with personally-identifiable information, you may also be asked if we can share your personal information with third parties for their direct marketing and promotional purposes. If you say yes, these third parties may use such personally-identifiable information to contact you. If you authorize us to share your personally identifiable information, we are not responsible for how those third parties use your personally-identifiable information.
We keep track of your interactions with us and may use your personally-identifiable information and other information relating to your interactions with us to generate information about the popularity of certain of our Services and functionality and how users of the Site utilize different aspects of the Services and functionality. We may also use such information to design, develop and implement additional services and features of the Site and to improve the existing Services, but in no event will such use result in the disclosure of your personally-identifiable information to our customers or others unless you have clearly authorized us to do so.
How We Use Your Non-Personally-Identifiable Information
A "cookie" is a small file stored on your computer by a website to give you and your computer a unique ID. A “web beacon” is a small file stored in a website page to identify when that page has been viewed by a particular visitor, and a “web log” is an aggregation of data about use of a particular website (e.g., number of visitors).
We use "cookies," “web beacons,” “web logs” and similar technologies that may be developed from time-to-time (now or in the future) to collect information, on an aggregate basis, about how the Site is used. This information may include the date and time of visits to the Site and time spent on the Site. The use of these technologies allows us to personalize your use of the Site and to provide greater convenience each time that you visit. Additionally, advertisements appearing on the Site and managed by third parties, as well as the advertisers themselves, may use these technologies to collect non-personal information when you click on or move your cursor over one advertisements appearing on the Site. You may not realize this information is being collected. Advertisers use this information to monitor the performance of their advertisements. In some cases, we may have access to information collected by these advertisers as a result of your use of the Site, and this information may permit us to identify other sites that you have visited that are also associated with such advertisers.
Depending on your browser and related programming configurations you utilize, you may be able to disable, block or otherwise control the use of these technologies (please consult instructions for your web browser). However, if you do so, it is possible that some parts of the Services will not be accessible to you.
Our servers automatically record information that your browser sends whenever you visit the Site. This information includes your Internet Protocol address, your browser type and version, which Services you use and when and how long you use them. We use this information to monitor and analyze how users use the Site and Services, to provide customer service and to maintain and improve the Services.
Sharing of Information
We may use your personally-identifiable information to provide analyses of our users in the aggregate to current and prospective partners, advertisers and other third parties. We may also disclose and otherwise use, on an anonymous basis, affiliation, position, interests and other non-personally-identifiable information about users.
In addition, we will share the personally-identifiable information we collect from you under the following circumstances:
- Protection of rights We will share personally-identifiable information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Service for the Services, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services, or (iv) such action is appropriate to protect our rights, property or safety or the rights, property or safety of our employees, users of the Services or others.
- Asset transfers If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personally-identifiable information collected from you through your use of the Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Site.
- Service Providers We may share your personally-identifiable information with service providers that we engage for the purpose of processing information on our and your behalf. For example, we have partnered with other companies to sell products through the Services, fulfill product orders and process payments. Additionally, we may partner with other companies to process consumer surveys, fulfill prizes, or to process, analyze, and/or store data. While providing services for us, these companies may access your personally-identifiable information. To the extent applicable, we require these entities to comply with this Policy and appropriate confidentiality and security measures.
Our Site provides you with the opportunity to affirmatively opt-out of receiving communications from us and our partners at the point where we request information about you. This Site gives you the option to end our use of your information, and to cease receiving or otherwise having access to future communications or Services; however, we will not stop sending you information necessary to fulfill orders or otherwise provide Services that you have purchased from us.
Your California Privacy Rights
Additional Information You Should Know About Third Parties
This Policy does not cover the information practices of third party websites linked to the Site. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personally-identifiable information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.
The Services may provide message boards, forums and/or chat areas, where our users can exchange ideas and communicate with one another. When you post to any message board, forum or chat area, please be aware that the information you post is publicly available on-line and therefore any information you post, including your user name, is at your own risk as it will be readily available to other users. Individuals under the age of 18 should be especially careful not to provide any personally-identifiable information when participating in any area of the Site where postings are or might become public.
Control of Your Information
You may update or delete your personally-identifiable information or modify certain of your preferences by accessing the "My Account" area of the Site. You are responsible for keeping your contact information current and accurate. Please note that when you delete your account, we may retain your old account information for the purpose of internal account management and fraud prevention activities.
Opting Out of Receiving Communications from Us
If you no longer want to receive our newsletter, emails or other announcements, you may unsubscribe from receiving any or all of these services by replying to the "Unsubscribe" link at the bottom of our emails. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.
You agree that, in the event any dispute or claim arises out of or relating to this Policy that you will attempt in good faith to negotiate a written resolution of the matter directly with us. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, the parties shall join in mediation services in New York, New York with a mutually agreed mediator in an attempt to resolve the dispute. The cost of any mediation shall be shared equally by you and us. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.
Our Security Measures
Protecting your personal information is our priority.
The personally-identifiable information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personally-identifiable information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site and Services. All personnel who have access to this information are trained in the maintenance and security of such information.
To the extent that we handle purchases on the Site, we will use Secure Sockets Layer (SSL) technology or other software that meets or exceeds the protection provided by SSL to encrypt your credit card number so that it cannot be read as the information travels over the Internet.
Please be aware, however, that no data transmission over the Internet can be guaranteed to be completely secure, and no system of electronic security is impenetrable. For this reason, we cannot ensure or warrant the security of any information that you transmit to us or the security of our Services or databases. You agree to assume all risk in connection with the information transmitted to us or collected by us when you use the Site or our Services.
You can help protect your personally-identifiable information by using a combination of letters and numbers in your password, changing your password often, using a secure web browser, and signing off when you are finished with the use of the Site on a shared computer. Please remember that you are responsible for maintaining the secrecy of your screen name and password for your account. If you believe that your interaction with us is no longer secure, please notify us of the problem by contacting us at email@example.com.
This Site is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer and to our use of that information in accordance with this policy. When you provide personal data to us or our service providers or vendors, you consent to the processing of your data in the United States as the Site is operated in the United States.
YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE.
TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.
How can you contact us?
If you have any questions about our privacy practices or this Policy, please contact us at:
PO Box 1578
New York, NY 10276
©2014, Jebbert LLC, all rights reserved.
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