This Privacy Policy
describes
the terms of our commitment to your privacy.
PERSONS OR PARTIES
COVERED This
Privacy Policy is intended to cover all visitors to this website, all
subscribers to lists or newsletters whether paid or unpaid, all members
or affiliates whether paid or unpaid, and all customers. Persons
who
visit or view this website, whether intentionally or unintentionally,
whether solicited or unsolicited, are described herein as "Visitors"
and are parties to this Privacy Policy. Subscribers to lists or
Newsletters are referred to herein as "Subscribers" and are parties to
the Privacy Policy. Persons who join an organization or marketing
endeavor (e.g. "affiliates") promoted by this website are called
"Members" herein and are covered by this Privacy Policy. Finally,
anyone who orders, attempts to order, or receives a product sold
(recipients) or advertised on or delivered from this website, even at
no cost, is called a "Customer" herein and is subject to this Privacy
Policy not only by passive acceptance, but by virtue of the Terms of
Use
Agreement. The website, its agents, owners, operators,
and
employees are referred to collectively herein as "Website," "Site,"
and/or "Seller".
PERSONS EXCLUDED
FROM
THIS WEBSITE ARE STILL COVERED
In
the event that a person excluded from this website because of the Terms
of Use or from denial of service by the website, who nonetheless
views this site, that person remains subject to the terms of
this Privacy Policy.
PERSONS UNDER 18
YEARS
OF AGE ARE EXCLUDED FROM THIS WEBSITE
This
website is not lawfully accessible to persons under the age of 18 or
who are otherwise covered by the provisions of the Child Online Privacy
Act of 1998 (COPA). If you are under the age of 18 you must leave
this
site immediately. Fraudulent use of this website may make you
subject
to civil or criminal sanctions.
VIEWING AND/OR USE
AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS
POLICY
Acceptance
of the terms of this Privacy Policy is a portion of the consideration
required for your right to visit the website. If you do not
accept
these terms, you have no right to visit this site and you are
fraudulently using this site.
A NOTE TO
CALIFORNIA
RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003 --OPPA)
It
is the intent of the Privacy Policy to comply with the California
Act.
Various provisions throughout this Privacy Policy address requirements
of the act. In summary, you must presume that we collect
electronic
information from all visitors. This is not usually personally
identifiable. If you purchase a product or service via this
website
(and thereby become covered by the Act), the purchase agreement allows
the website to collect and
archive all the personal information you provide and to transmit and/or
transfer that personal information to third parties. There is no
way
you can modify this information and you have no right to do so.
Under
the terms of the purchase agreement, you have no right to view or
receive any information about our database. In the event that the
website, under advice of counsel agrees to divulge information, the
requesting party must submit whatever information is demanded by the
website in insure that the website is releasing information to the
correct party. Other provisions of the OPPA may exempt this
website
from complying. While we take measures to ensure that outside
parties
do not have access to any information we have about you, we do not
warranty that outside parties will not breach our system and thus have
access to your information. (You should know that merchant
service
providers do not allow us access to your credit card
information.)
This Privacy Policy also is subject to change without notice. You
are
required to read it prior to using the website. By interacting
with
the website you agree to the terms and conditions of the Privacy
Policy. By using the website or purchasing a product through this
website, you waive the right to use state or federal court systems to
address complaints and, instead, agree to use the American Arbitration
Association located in a city and county specified herein.
ABOUT THE PERSONAL
INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED
This
website routinely collects information about its visitors, subscribers,
members, and customers. This information is obtained in various
ways,
such as:
VISITOR,
SUBSCRIBER,
MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM 'REGISTRATION'
Registration
means that the Visitor, Subscriber, Member or Customer takes active,
positive steps to communicate information to this website. This
can
include pages or 'pop ups' where you register for a newsletter or
subscribe to a mailing list; it can include your participation in
visitor surveys; it can include requesting information from the website
via email, mail, or courier; it may be from joining an affiliate
program or other membership organization, paid or unpaid; it may be
from ordering a product.
Occasionally
complete credit card information may be provided to the website via fax
or a fill-in form rather than regular secure merchant service
processing. This information is kept at the highest level of
security
and is never divulged to anyone except the merchant service provider or
for the purpose of communication with the customer.
ONLINE ORDERING
Online
ordering via SSL encrypted communication provided by shopping cart
services supporting merchant service companies like Visa and Master
Card provides information to the website but does not provide complete
credit card numbers. In the process of online ordering, the
customer may provide name, address, city, state, email address, phone
number, CVV2
(back of card) number, and, occasionally a member password. You
should
consider all this information available to the website. This
information is used to deliver the product, but you also approve its
use for general solicitation purposes.
VISITOR EMAIL
INQUIRIES
Website
visitors who wish to communicate with the website do so under two
conditions: one, they give their permission for contact by the
website; two, they are subject to any submission provisions of
the
Terms of Use, or this Privacy Policy. While
your
email address may or may not be used to solicit you, it is added to the
website's general solicitation database.
CUSTOMER EMAIL OR
TESTIMONIALS
If
you are a customer and send an email to the website, or if you
communicate with the site by phone or mail, the website collects
information about your communication and by communicating with the site
you give your permission to collect, archive, retrieve, and otherwise
use any information collected as the site sees fit.
Any
communication which, in its sole discretion, the site deems to be a
testimonial, may be publicized for commercial purposes.
INFORMATION
OBTAINED
FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS
Visitors
clicking on banners or pop-ups or hyperlinked advertising, appearing on
this website must assume that information is being collected about
them. This site is not responsible for the use of information
collected in such a fashion. Visitors must assume that (1)
information
will be collected, (2) that cookies will usually be placed on
their
hard drive, (3) that website does not have any control over what
happens with this information, (4) that website takes no responsibility
over the accuracy or content of advertisers, (5) that website is not
responsible for downloads from third party advertisers that contain
viruses or worms or other computer code that causes their computer or
software harm, and (6) that website assumes no responsibility for the
data that is garnered from the click itself or that the advertiser
collects.
INFORMATION
OBTAINED
FROM REFERRING EMAIL OR REFERRING URLS
If
you send a friend an email from this site or if you send the url or one
of our web pages to a friend, you must assume that some data is
collected about your IP address or your email address and that of your
friend. You must assume that referred emails or web pages may
appear
to come from your email. You must accept fully responsibility for
referring pages or email to a friend and agree to indemnify this site
for any damage, intentional or unintentional that results from said
referrals.
INFORMATION
OBTAINED
FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS
Unless
otherwise specified in the survey, you must assume that any information
provided to the website as part of a survey in which you participate
may be used for general solicitation for commercial purposes and that
such information will be shared with joint venture partners,
affiliates, marketing organization or used by the site itself for
product design or solicitation purposes.
INFORMATION
OBTAINED
FROM ELECTRONIC MEANS AND 'COOKIES'
Many
websites, including this one, collect information about your computer,
your email address, your IP address. You must assume that your
web-viewing or web-use activity is monitored, tracked, and information
collected. This information is not usually of a personal nature,
but
it may help define your viewing habits and product preferences even
though the website may or may not have any idea who you are.
"Cookies"
is web jargon for bits of computer code placed on your hard
drive.
Websites use this to keep you 'logged in', to keep track of search
criteria, to monitor use, to password protect use of the site or use of
products sold by the site. Cookies can also be used to obtain
information about your computer configuration or your use of your
computer.
Cookies can be used
to electronically gather information about you. Again, it may or
may
not be personal information, but it is information and by using this
site you are expressly giving permission to use 'cookies' and to use
the information gathered from their use to benefit you. You also
give
permission to collect, archive, retrieve, and use any information
collected for product design, product offers to you, and general
commercial solicitation purposes by this site or joint venture
partners, affiliates, and marketing organizations.
For more information you can view our cookies policy.
HOW INFORMATION
MAY BE
USED
The
use of information as described below may or may not be how information
that is collected is customarily used by this site. While actual
use
of any information collected may be used quite conservatively, you must
assume that it is not. You must assume that information collected
is
shared with other persons or entities for commercial purposes.
While
this may or may not occur, you must assume that it is as you make your
decision whether or not to view or interact with this website.
This
type of shared information may include your name, address, phone
number, email address and buying habits, as well as other
information.
This information may be used for general commercial solicitation by
this website.
INFORMATION THAT
IS NOT
SHARED
Credit
card information or other financial information is not usually known to
the website. However, in the event that it is made known, that
information is never revealed to anyone except to processing
authorities or law enforcement agencies. However, the provider of
such
information gives express permission to use it in fraud investigation
or for litigation.
BULLETIN BOARDS
AND
PUBLIC FORUMS
Visitors,
subscribers, members, or customers who use any site provided bulletin
boards or other public forums, such as chat rooms, do so at their own
risk. You may not assume that the site monitors these services or
protects you in any manner from information you post publicly or share
with anyone else via these services.
NO SPAM POLICY
We have a strict no spam policy.
By
providing to this website information that forms the basis of
communication with you, such as an email address, you waive all rights
to file complaints concerning unsolicited email or spam from this
website since, by providing such information, you agree to receive
communication from us or other marketing organizations. However,
all
email communication with you shall contain an 'unsubscribe' link where
you may notify the website that you no longer wish to receive
solicitations or information from the website and your name and email
will be
removed from the general solicitation database.
NOTICE: If
you purchase one of our products, you will be added to our email
marketing list. You may receive updates regarding your purchase,
and you will also receive marketing emails promoting various other
related products and services. You may easily unsubscribe at any
time and your name and email address will be erased from our
records.
DATA SECURITY
This
website takes measures to protect its data that contains information
related to you. However, as a consideration for viewing this site
or
interacting with this site in any manner, you waive all claims of any
nature against this site concerning the loss, alteration, or misuse of
information. You must assume that it is possible for your
personal
data to be obtained by others, such as "hackers," and used in an
inappropriate manner that may cause you harm and that you agree that
the site is not responsible for damages to you.
INTERNATIONAL TRANSFERS FOR DATA SUBJECTS OUTSIDE OF THE UNITED STATES
We are a company based in the United States, but we may be subject to
the provisions of the General Data Protection Regulations (GDPR) that
protect your personal data if you are an EU data subject. For data
subjects outside of the United States (US), where we transfer your data
to third parties who are also outside of the EU, we will ensure that
certain safeguards are in place to ensure a similar degree of security
for your personal data. As such:
We may transfer your personal data to countries that the European
Commission have approved as providing an adequate level of protection
for personal data by; or
If we use US-based providers that are part of EU-US Privacy Shield, we
may transfer data to them, as they have equivalent safeguards in place;
or
Where we use certain service providers who are established outside of
the EEA, we may use specific contracts or codes of conduct or
certification mechanisms approved by the European Commission which give
personal data the same protection it has in Europe.
If none of the above safeguards is available, we will request your
explicit consent to the specific transfer when you submit the data.
If you are a data subject outside of the US and you provide us with
personal data through forms, comments, reviews, contact boxes, or other
manual methods of contacting us through our website (including
follow-up emails subsequent to these submissions), your data may be
accessed by third party data processors such as virtual assistants,
contractors, technical support, and blog contributors who are located
outside of the EU and who process data for us. Since none of the
safeguards listed above apply to some of our data processors in those
capacities, we request your explicit consent to allow these third party
data processors to process the data that you submit to us through
forms, comments, reviews, contact boxes, or other manual methods of
contacting us through our websites.
We have agreements with these processors that include safeguards for
your data, but as noted above, these processors are located in the US
or other countries with adequacy decisions or safeguards deemed
appropriate under GDPR. You must evaluate whether any possible risk of
exposure of the personal data that you submit which is not for
publication (typically your name and email address) is worth submitting
the information. If you do not consent to these risks, do not submit
information to us.
Your agreement to this privacy policy when you submit your data to us
is your explicit consent allowing these data processors to access your
data. You have the right to withdraw this consent at any time.
DATA RETENTION
We will only retain your personal data for as long as necessary to
fulfill the purposes we collected it for, including for the purposes of
satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at
its amount, nature and sensitivity, potential risk of harm from
unauthorized use or disclosure, the processing purposes, if these can
be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about
our customers (including Contact, Identity, Financial and Transaction
Data) for seven years after they stop being customers.
In some circumstances we may anonymize your personal data for research
or statistical purposes in which case we may use this information
indefinitely without further notice to you.
YOUR LEGAL RIGHTS IF YOU ARE AN EU DATA SUBJECT
Under data protection laws you may have rights in relation to your
personal data that include the right to request access, correction,
erasure, restriction, transfer, to object to processing, to portability
of data and (where the lawful ground of processing is consent) to
withdraw consent.
You can see more about these rights at
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
(or the data protection commission for your member state).
If you wish to exercise any of the rights set out above, please contact us here.
You will not have to pay a fee to access your personal data (or to
exercise any of the other rights). However, we may charge a reasonable
fee if your request is clearly unfounded, repetitive or excessive or
refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm
your identity and ensure your right to access your personal data (or to
exercise any of your other rights). This is a security measure to
ensure that personal data is not disclosed to any person who has no
right to receive it. We may also contact you to ask you for further
information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month.
Occasionally it may take us longer than a month if your request is
particularly complex or you have made a number of requests. In this
case, we will notify you.
If you are not happy with any aspect of how we collect and use your
data, you have the right to complain to the supervisory authority in
your country for data protection issues. We should be grateful if you
would contact us first if you do have a complaint so that we can try to
resolve it for you.
REVISIONS TO THIS
PRIVACY POLICY WITHOUT NOTICE
This
Privacy Policy is dynamic. It will continually change. You
may not
assume that it remains the same and you agree to check the policy each
time you visit the site for changes. Unless, in the sole opinion
of
the website, this policy changes so drastically as to suggest a posted
notification on the site or via email, you will receive no notification
of changes to this Privacy Policy nor, under any circumstances, does
this site promise notification. Your continued use of this site
always
evidences your acceptance of the terms this Privacy Policy or any
modifications.
DISPUTES
As
part of the consideration that the Website requires of the Visitor to
view, use, or interact with this site, Visitor agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM") of any
kind (whether in contract, tort or otherwise) arising out of or
relating to this purchase, this product, including solicitation issues,
privacy issues, and terms of use issues.
Arbitration
shall be conducted pursuant to the rules of the American Arbitration
Association, which are in effect on the date a dispute is submitted to
the American Arbitration Association. Information about the
American
Arbitration Association, its rules, and its forms are available from
the American Arbitration Association, 335 Madison Avenue, Floor 10, New
York, New York, 10017-4605. Hearing will take place in the city
or
county of the Seller.
In no
case shall the Visitor have the right to go to court or have a jury
trial. Visitor will not have the right to engage in pre-trial
discovery except as provided in the rules; you will not have the right
to participate as a representative or member of any class of claimants
pertaining to any claim subject to arbitration; the arbitrator's
decision will final and binding with limited rights of appeal.
The
prevailing party shall be reimbursed by the other party for any and all
costs associated with the dispute arbitration, including attorney fees,
collection fees, investigation fees, travel expenses.
JURISDICTION AND
VENUE
If
any matter concerning this purchase shall be brought before a court of
law, pre- or post-arbitration, Visitor agrees to that the sole and
proper jurisdiction to be the state and city declared in the contact
information of the web owner unless otherwise here specified. In the
event that litigation is in a federal court, the proper court shall be
the closest federal court to the Seller's address.
APPLICABLE LAW
Visitor agrees that the
applicable law to be applied shall, in all cases, be that of the state
of the Website owner(s).
CONTACTING OUR SITE
If you have any questions about our legal
policies, the practices of this Site, or your dealings with this Site,
please contact us here.
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