Last updated: June ____, 2013
The Site is not directed at children and the Company does not knowingly collect Personal Information (defined below) from anyone under the age of 13 years. If you are a parent or guardian and believe that your child has provided Personal Information to the Site without your consent, for example by misrepresenting his or her age, please notify the Company.
In order to post User Content (as defined in the Terms) to and to access and use all of the features of the Site, including purchasing a product, you may be required to register for an account and to log in. As part of the registration process you will be asked to provide certain Personal Information and to provide a username and password which you will use to log in to access and use certain features of the Site and which the Company may use to identify you and to associate your postings and activity with you (collectively, “Account Information”).
You must be at least 18 years of age to register, and by registering, you certify that you are at least 18 years of age. You agree that your Account Information will always be complete, accurate and up-to-date. You shall not provide any false information in connection with the use of the Site. Also, you agree to update or correct any information that you have provided if such information becomes outdated or misleading. It is your responsibility to keep your Account Information confidential at all times. You may not use another person’s Account Information. You are solely responsible for all activity that occurs on the Site when someone is logged in under your username and/or password. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify the Company immediately. The Company may require that you change your Account Information or certain parts of your Account Information at any time for any reason. The Company may, in its sole discretion, and at any time, with or without notice, terminate your password and account, for any reason or no reason at all.
What the Company Collects
The Company and any third party(ies) it may engage to operate or maintain the Site may collect both personally identifiable information - that is, information that can be used to identify you, such as your name, street address, telephone number, date of birth, e-mail address, billing and account information or credit or debit card information (“Personal Information”) - and non-personally identifiable information from visitors to the Site such as purchases you make on the Site. You may request that the Company delete or modify your Personal Information in accordance with the Company’s Correction/Update Procedure below.
Information You Give the Company. The Company receives and stores any information you post on or provide through the Site, including Account Information, or through any other means, for example when you respond to a request for information or purchase a product. This includes any Personal Information you provide. Of course, you can choose not to provide such information, but then you might not be able to access or use portions of the Site.
Automated Collection. The Company automatically receives and stores certain types of information whenever you visit the Site, such as the name of the domain and host from which you access the Internet, the IP address of the computer you are using and the browser and operating system you are using, the date and time you access the Site, and the Internet address of the website from which you linked to the Site. The Company may log and use your IP address to administer the Site, to help diagnose problems with the Company’s server, to analyze trends, to track users' webpage movements, to help identify you and to gather broad demographic information for aggregate use.
In addition, on occasion the Company may also set a “session cookie” on the Site to help the Company administer the Site. The session cookie expires when you close your browser and does not retain any information about you after it expires.
The Company may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Providers”) to, for example, serve advertisements on the Site, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Site (“Targeting Services”). These Third Party Providers and Targeting Services may enable the Company to, among other things, display advertisements based on your visits to the Site and other websites you have visited, prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. Third Party Providers do not have access to Tracking Tools set by the Company, but the Third Party Providers, as well as advertisers, may themselves set and access their own Tracking Tools and/or they may otherwise have access to information about you.
If you do not want the benefits of these advertising cookies, you may opt-out by visiting http://www.networkadvertising.org/optout_nonppii.asp. However, if you do so you may not receive the full benefit from the use of the Site.
Finally, the Company’s web servers may collect “log data.” Log data provides aggregate information about the number of visits to different pages on the Site. The Company uses the aggregate log data to improve access to the Site’s content based on the visitors’ browsers and operating system types to make the Site’s content available to as many users as possible. The Company does not link the “log data” collected to Personal Information. Third Party Providers may also collect aggregate log data independently from the Company.
How the Company Uses Your Information
The Company may, but is not obligated to, retain the content of any e-mails you send or information or data you provide by other means, including your e-mail address and other Personal Information, so that the Company may respond to your requests for information or questions, and comply with any legal requirements.
The Company may use your Personal Information:
- for the specific purpose for which it was volunteered (e.g., to purchase a product or process a return);
- to develop, market, sell or provide products and services;
- to manage and develop the Company’s business and operations, administer accounts and collect and process payments;
- to administer, maintain and improve the Site and its operation;
- to verify your identity, respond to your requests and otherwise communicate with you;
- to comply with applicable laws, statutes and regulations;
- to enforce the Terms, the Shopping Policy, the Company’s rights and the rights of others;
- for other purposes disclosed at the time you provide your information;
- as permitted by, and to comply with, any legal or regulatory requirements, process or provisions; and
- as specifically provided in the Terms, the Shopping Policy and as you may otherwise agree.
In addition, the Company may share your Account Information (except your password) and your IP address with search-related service providers, advertisers or other third parties that are not part of the Company. When this occurs, the Company will share this information on an aggregate or other basis that does not disclose your Personal Information.
Disclosure of Personal Information
- with third parties, including those located outside of the U.S., that perform functions on the Company’s behalf, such as maintaining and operating the Site and processing payments. The Company does not authorize such third parties to use your Personal Information for other purposes;
- as required by a court or government agency or to respond to a claim by you or a third party;
- as part of a transfer of business assets (e.g., in the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination or corporate change involving the Company or its affiliates); and
- as you otherwise agree.
The Company may respond to any subpoena received from a government agency without prior notice to you. Unless prohibited by law or by a court order, the Company will use reasonable efforts to notify you of any subpoena received from any other party (e.g., for civil litigation) that requires the Company to disclose your identity and will wait 10 days, or a lesser amount of time as required by the deadline in the subpoena, before providing the requested information.
You may also choose to opt-out of receiving the Site’s newsletter, if any, or other e-mails by using the unsubscribe button at the bottom of such correspondence or by contacting the Company as provided above. Because customer lists often are prepared well in advance of an offering (sometimes a few months before an offer is made or newsletter is sent, as applicable), you may continue to receive some offers after you send the Company a request not to use your information for specified marketing purposes. Please be aware that the Company will process your request as quickly as it reasonably can, but it may not be possible to update the Company’s systems immediately. The Company appreciates your patience and understanding in giving it time to carry out your request.
Even if you are removed from any such list, if you purchase a product on the Site, the Company will send you an e-mail confirming your order and may need to contact you by phone, e-mail or regular mail if it has questions about your order. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from the Company’s databases without some residual data because of backups and other reasons.
The Company reserves the right to verify the identity of any person making such a request or a request to delete or modify Personal Information; provided, however, that the Company shall have no liability of any kind resulting from false or erroneous requests or any change or deletion made by the Company for any reason. Personal Information collected and transferred to back-up or archival storage may be retained indefinitely. The Company may also retain unmodified information as necessary for its business records and as required under applicable law.
California Privacy Rights
The Site has commercially reasonable security measures in place to protect against the loss, misuse or alteration of information under the Company’s control. While the Company strives to protect your Personal Information, it cannot ensure, and does not warrant, the security of any information. Communication and product purchases via the Internet are not failsafe, and there is always a possibility that data may be lost, or intercepted by unauthorized parties during such transmission or after receipt by the Company. You agree that the Company shall have no liability whatsoever in connection with such lost or intercepted data.
In the unlikely event that the Company believes that the security of your Personal information in its possession or control may have been compromised, the Company may seek to notify you of that development. If a notification is appropriate, to the extent the Company has your e-mail address, it may notify you by e-mail.
Conditions of Use
Contacting the Company