Privacy Policy


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.


Revised: 05/21/2018
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