Collection and Use of Personal Information
We and any third party we engage for the purpose of administering, operating, hosting, configuring, designing, maintaining and providing internal support for the Site and Content (collectively, the “operational service providers”) collect certain non-personally identifiable information from you when you visit the Site. We only collect Personal Information (defined below) from you when you submit it to us or provide it to us. We use the term “Personal Information” to refer to any information you provide in connection with your use of the Site by which you can be personally identified. When you use the Site, we may collect your name, street address, telephone number, e-mail address, and/or billing information. Unless you voluntarily provide or send us Personal Information, we will always ask you to submit or provide it to us before collecting your Personal Information. If you provide or submit your Personal Information to us we will provide you with the ability to review, update and/or delete your Personal Information, subject to our obligations to comply with legal, regulatory, internal audit and record-keeping requirements. To update and/or delete your Personal Information you have on file with us, please send an email at our administrative email address. %p Any of the information we collect from you may be used to: respond to your request and/or to complete your purchase; improve the Site (we continually strive to improve the Site offerings based on the information and feedback we receive from you); improve customer service (your information helps us to more effectively respond to your customer service requests and support needs); improve customer service (your information helps us to more effectively respond to your customer service requests and support needs); and improve customer service (your information helps us to more effectively respond to your customer service requests and support needs).
If at any time you would like to unsubscribe from receiving future email communications, we include detailed unsubscribe instructions at the bottom of each email.
We maintain commercially reasonable standards of security and confidentiality. We also try to limit information access to individuals who need to have such access to perform their responsibilities associated with the Site and the Content on the Site. However, the Internet and communications cannot be guaranteed to be secure and it is possible that others may unlawfully intercept or access information, transmissions or communications to, from or within the Site.
When you access the Site, we and our operational service providers and others who host the Site often use technology that can recognize, collect and/or transmit information that is associated with you, but which do not personally identify you. Although the term “cookie” specifically refers to a small text file that is stored on a user’s computer for record-keeping purposes, we will use the term “cookie” to refer generically to any technology that can recognize, collect and/or transmit information about your visits to the Site. This type of information includes such data as the Internet or web domain that referred you, the type of operating system and browser you are using, the date and time of your visit, data relating to activities on the Site (e.g., so-called ‘clickstream’ data) and other technological attributes about your visit to the Site. This information is used to analyze trends, administer the Site, track user movements on the Site, and gather aggregate demographic information about visitors so we can continually improve the Site.
%p Cookies also allow the Site to recognize your computer or access device each time you visit and cookies can keep count of how often you return. Cookies can also track how you use the Site and your preferences for features and functions, and cookies can store information such as your user name and password so that you don’t have to re-enter them each time you return to visit. Cookies don’t personally identify you or any particular user or individual. You can disable or turn the cookie feature off by changing the settings on your Internet browser and you can also change the settings to stop your browser from automatically accepting cookies. Although changing these settings may not affect your ability to browse, it may affect your ability to use certain features and functions of the Site and it may also require you to re-enter certain information each time you visit or attempt to use the Site. You should consult the operating instructions that apply to your browser to determine how to best configure your browser settings for your needs.
We do not sell, rent, lease, provide or otherwise disclose your Personal Information to unaffiliated entities. We will always let you know if we intend to provide any of your Personal Information to an unaffiliated third party (e.g., not operational service providers) and we will ask you to consent (“opt-in”) whenever we intend to do so.
%p We always have the right to disclose your Personal Information to our operational service providers. Your Personal Information will be used to provide us with assistance in activities such as confirming and tracking your order, subscription or registration, analyzing trends and statistics, and providing you with information about our services. Users who provide Personal Information may receive email announcements concerning services from time to time as well as additional announcements about our products, incentives, and/or special deals and offers. Our policy is to request that our operational service providers protect your privacy and not disclose your Personal Information to third party marketers that are not associated with the Site, nor are they permitted to use your Personal Information for their own marketing or promotional purposes. We may share your Personal Information with certain third parties including but not limited to credit card processing companies and shipping companies. These third parties will use the information to be able to provide the services intended.
We also reserve the right to make your Personal Information available: when we are compelled by a governmental agency, law, regulation, a court or other legal process; if we believe you are, have or may violate any law, regulation, our Terms and Conditions; if we believe you are or may be a threat to safety, property, interests or rights of us or others; in order to investigate, respond to or resolve problems or inquiries or defend our interests; and/or in a merger, acquisition, change of control, joint venture or other business combination. We reserve the right to disclose your non-personally identifiable visitor information to third parties for marketing, advertising, or other uses.
%h2 Data Collection From Children/Parental Controls
We do not knowingly collect or solicit any Personal Information from children under the age of 13 If you are under 18, you are not authorized to use the Site without express permission from your parent or legal guardian. Parents and legal guardians should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.
We always aim to improve the services we offer. As a result we occasionally canvas our customers using surveys. Participation in surveys is voluntary, and you are under no obligation to reply to any survey you might receive from us. Should you choose to do so, we will treat the information you provide with the same high standard of care as all other customer information.
Your participation on our Site may mean that we occasionally contact you with the opportunity to enter competitions. Entry to competitions is voluntary and you are under no obligation to take up an invitation from us to enter. Should you choose to enter a competition, we will treat the information you provide with the same standard of care as all other customer information, and use the information provided strictly within the entry terms of the competition and this statement.
Terms and Conditions
Please also visit our Terms and Conditions page, establishing the use, disclaimers, and limitations of liability governing the use of the Site.
Your California Privacy Rights
California Civil Code Section 1798.83, allows individuals who are California residents that have provided their personal information to us to request certain information about our disclosures of certain categories of Personal Information (if any) to third parties for their direct marketing purposes during the immediately preceding year. We do not currently share any Personal Information with third parties for their direct marketing purposes.
We endeavor to maintain the Site and its operation, but are not, and cannot be, responsible for the results of any defects that may exist in the Site or its operation. As to the operation of the Site, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. We make no warranty that (i) the operation of the Site will meet your requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting the Site.
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (each, a “Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request. %h2 Choice of Law
These Terms and Conditions shall be construed and enforced under the laws of the State of New York applicable to parties resident in and contracts made, executed and wholly performed within the State of New York. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State, City and County of New York and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms and Conditions. You agree that you will not file or participate in a class action against us. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. %h2 General Provisions
%p If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well-being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law. %p Our Terms can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of ours. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
If you have any questions about our Terms, please contact us at: the administrative email address set forth above.