EFFECTIVE DATE: MAY __, 2011
COLLECTION OF INFORMATION
We collect personally identifiable information from you when you register to purchase our Services, provide us with comments or suggestions, or otherwise submit personal information to us. Personally identifiable information is information that identifies you specifically. The personally identifiable information we collect may include contact and payment information like your name, email and physical addresses, telephone numbers, and credit and debit card numbers. When you request our Services, we may collect personally identifiable information you provide us such as the name, address, and phone number of recipients. We may collect financial information where required for certain transactions but we strive to limit the amount of personally identifiable information collected to support the intended purpose of the collection. We may receive personally identifiable information about you from other sources as well. Examples of these sources are entities that can help us correct our records, improve the quality or personalization of our Services to you, provide demographic data, and help prevent or detect fraud. We also receive and store certain types of information when you interact with our Website, e-mails, and online advertising. Our purpose is to allow the Website to work correctly, to evaluate use of the Website and to support Website analytics and marketing campaigns. We may collect technical information such as your internet protocol address, your computer’s operating system (e.g., Windows or Mac OS) and browser type (Netscape, Internet Explorer), the address of a referring website, if any, and the path you take through our web pages. We use your internet protocol address to help diagnose problems with our server, and to administer the Website. Your internet protocol address is used to gather broad and specific demographic information as well as for validation purposes.
We may use “cookies” to recognize you as you use or return to our Website. This is done so that we can provide a continuous and more personalized experience for you. A cookie is a small text file that a website or e-mail may save to your browser and store on your hard drive. Cookies are text files that we place in your computer’s browser to store your preferences. To find out more about cookies, please visit www.cookiecentral.com. Even in the case where a user rejects a cookie, he or she may still use the Website.
We may also use web beacons. Web beacons allow us to know if a certain page was visited, an e-mail was opened, or if ad banners on our Website and other sites were effective. Web beacons utilize certain tracking software to capture your domain name address (the address of your Internet service provider) for purposes of tracking statistics at our Website. The capture of your domain name is a common practice among websites for measuring the number of hits, pages visited, and length of user session. We use this information to measure the effectiveness of the applicable Website offerings in order to service you better.
USE AND/OR SHARING OF INFORMATION
We use your information to provide requested Services and to support core business functions. These include fulfillment, internal business processes, marketing, authentication and fraud prevention, and public safety and legal functions. Some examples include:
To accomplish these purposes, we may combine personal and non-personal information we collect online with offline information, including information from third parties. We may also share your information within our family of corporate affiliates, to accomplish these and our affiliates’ purposes.
We do not sell or rent your personal information to third parties. We may share your personal information, whether you are a current or former customer, under limited circumstances. We may share information about you with service providers or suppliers that help with our business operations. Examples are credit card processors, billing services, and companies that help us improve our Service offerings and our Website. We require these service providers and suppliers to keep the information secure. We also prohibit them from using your information for any purposes other than those requested by us. We reserve the right to release current or past user or customer information and personally identifiable information in the event that we believe that the Website has been used in violation of the Website Terms and Conditions or to commit unlawful acts; if the information is subpoenaed; or if the Company or its related entities and/or subsidiaries is sold or acquired. Moreover, you hereby consent to disclosure of any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time. We also reserve the right to release current or past user or customer and personally identifiable information in situations where we believe in good faith that the law requires it, or that the sharing is necessary to protect the safety, property, or other rights of the Company, our customers, our associates, or any other person.
We may share aggregate and statistical data that does not identify you personally. We may do this for research and marketing purposes, for instance to describe our Services to prospective partners or advertisers, and for other lawful purposes.
By submitting your email address at the Website, you agree to receive email marketing from us and our third party advertisers. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR 310 et seq. (the “ATSR”). With respect to the ATSR, and notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, we or our designee retain the right and you hereby expressly authorize us and/or our designee to contact you via telemarketing in accordance with the terms of the ATSR. Moreover, by registering with, or requesting information from us or another third party advertiser at or through the Website, such action shall constitute a purchase, an inquiry and/or an application with the respective affiliated third party advertiser for purposes of their compliance with the ATSR and you may be contacted via e-mail, instant messaging, text messaging, direct mail and/or telemarketing by such third party advertiser in accordance with the terms of the ATSR.
USE AND/OR SHARING OF PERSONAL FINANCIAL INFORMATION
The nonpublic personal information of California State residents shall not be shared by us with third parties unless: (i) we have obtained a fully executed consent acknowledgement from the applicable California resident; or (ii) the California resident already has a relationship with a nonaffiliated financial institution pursuant to, and as defined under, the CFIPA. If you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please email us at email@example.com. However, where California residents opt-out from permitting their personal information to be shared with third party marketing partners, such individuals may still receive selected offers directly from us, in accordance with the law.
To the extent applicable, for purposes of compliance with the VCPA, we will not share “nonpublic personal financial information” (as defined in the VCPA) with third parties without providing Vermont State residents with an annual notice explaining that we will be sharing this nonpublic personal information with non-affiliated third parties. Notwithstanding the foregoing, the nonpublic personal financial information of Vermont State residents shall not be shared by us with nonaffiliated third-parties unless: (i) we have obtained authorization from the applicable Vermont resident; provided, however, that such authorization must be in written form, or where the applicable Vermont resident agrees, electronic form; (ii) the disclosure is made to third-parties for the sole purpose of processing transactions or other related processes on our behalf; and/or (iii) the disclosure is made to third-parties that market our own products and services to our customers.
THIRD PARTY LINKS
We want to communicate with you in ways you want to hear from us. Examples are newsletters, special offers, and announcements.
We use an opt-in standard for phone and text messages. We also use an opt-in standard for sharing personally identifiable information with third parties for marketing purposes. Opt-in means we will only conduct the activity with your express consent. We use an opt-out standard for all other communications. Opt-out means we will conduct the activity unless you tell us not to.
You can provide us your marketing preferences by contacting the privacy department as described in the “Contact Us” section below. If you contact us by e-mail or mail, please be sure to include your full name, the types of communications you would like to receive or not receive, and your related contact information. For instance, if you would like to opt-out of mail, include your mailing address. Please allow sufficient time for your preferences to be processed. It may take up to 10 days to process your requests related to e-mail and 4-6 weeks for other requests. You can also change your mind about your marketing preferences. To do so, you can contact us as described in the “Contact Us” section below. Please be aware that, even if you have opted out of receiving marketing communications from us, we may still contact you for transactional purposes. Some examples are contacts for customer service, product information, service or reminder notices, or recalls. We may also need to contact you with questions or information regarding your order, such as regarding order status, shipment, or refunds. You may exercise choices related to our online operations and advertising. For instance, you can choose to browse our Website without accepting cookies. Please know that cookies allow us to recognize you from page to page, and they support your transactions with us. Without cookies enabled, you will still be able to browse our Website, but will not be able to complete a purchase or take advantage of certain website features. You may also opt-out of certain online advertising called interest-based advertising. Interest-based ads are ads that are served to you based on your browsing behavior. The goal is to show you ads more tailored to your interests.
We may use how you browse and shop in order to show you advertisements on our Website that are more relevant to your interests. Advertisements may relate to the Company or our advertising partners. We do not share personal data about you with advertising partners to place an ad for them. We only retain data related to the ads for legitimate business purposes.
In addition, we belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. You may see ads for the Company on participating websites based on how you browse our Website and those sites. We do not allow the network provider to provide your browsing behavior on our Website to other websites.
You may opt-out of either interest-based advertising on the Website or interest-based advertising on other sites by contacting us as described in the Contact Us section below. Other websites you visit may offer their own opt-out methods as well. If you do opt-out of interest-based advertisements, you may still see advertisements on websites you visit, just not ads based on your browsing behavior.
ACCESSING AND UPDATING YOUR INFORMATION
We take reasonable steps to keep your personal information accurate and complete, so we can treat your information properly and effectively under this policy. You can access or update your information, including contact or account information, in the following ways: (i) if you have created an account on our Website, log into your account. Once you do, you will be able to enter and update your own contact information and payment information, as well as contact information for recipients you have designated; and (ii) contact us at the e-mail or postal address listed in the “Contact Us” section of this policy. Please include your current contact information, the information you are interested in accessing, and your requested changes. We will provide you the information requested if reasonably available, or will describe the types of information we typically collect. We will make changes you request or will provide an explanation of what actions we will be able to take with regard to the request.
HOW WE SECURE YOUR INFORMATION
We use reasonable security measures to protect the confidentiality of personal information. When we do have to collect your most private personal information, such as credit card information, we will protect its confidentiality, prohibit its unlawful disclosure. When our registration/application process asks users to enter sensitive information (such as credit card number, etc.), and when we store and transmit such sensitive information, that information is encrypted and is protected with SSL encryption software. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. However, no method of security is 100% effective and we cannot be responsible for the actions of those who may gain unauthorized access to your personal information. The Company makes no warranties, express, implied or otherwise as to the ultimate effectiveness of these reasonable and appropriate safeguards. All collected information is stored in a technically and physically secure environment. When we asks users to enter sensitive information, and when we store and transmit such sensitive information, that information is encrypted and is protected with SSL encryption software. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Access to this information is strictly limited, and not accessible to the public. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example a credit specialist or a customer service representative) are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Your account information is protected by the password you use to access your online account. Please keep this password confidential. If your browser is capable of SSL (and most are), your account information will be protected during transport across the Internet.
We also protect the credit or debit card information we collect during transactions. We comply with industry requirements known as the Payment Card Industry Data Security Standards (PCI Standards). These standards require safeguards for handling and securing customer information. These include using secure networks; encryption or other protection of cardholder data; physical and technical access controls; monitors and tests of security systems; and information security policies.
We are committed to protecting children’s online privacy. In order to protect children’s personal information, and to meet the standards of the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect personally identifiable information from children under the age of 18 on the Company Website without prior parental consent.
ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS