Conversion action | Online purchase with processed valid payment |
---|---|
Cookie days | 30 days |
Commission type | Percent of Sale |
Base commission | 7.00% |
THIS AFFILIATE AGREEMENT (the “Agreement”) provides
the terms and conditions of the relationship between Lenz Technology LLC, a
limited liability company organized in the State of California at 17 Hammond,
Suite 401, Irvine, California 92618 (the “Company,” “we,” “us,” or “our”) and your (“Affiliate,” “you” or “your”) participation in the Lenz Technology LLC Affiliate Program (the “Program”) to refer
traffic to the Company's website, www.LenzCharging.com.
WHEREAS, the Company is the sole
owner and operator of the Internet site known as www.LenzCharging.com (the “Site”); and
WHEREAS, the Company has created a Program and/or is working through a 3rd
party affiliate management tool that enables
Affiliates to refer internet traffic to the Site from the website(s) or
advertising networks of others in exchange for agreed consideration; and
WHEREAS, you are the sole owner of a website and/or
newsletter participating in this Agreement (the “Affiliate Site”); and
WHEREAS, you desire to participate in the Program, as evidenced by your
application, which application the Company may approve or disapprove, in its
sole discretion.
THEREFORE, in consideration of the mutual promises herein, the Parties agrees as
follows:
1 DEFINITIONS.
Capitalized terms used and not otherwise defined
in this Agreement shall have the following meanings:
(a) “Completed Transaction” means the goods or
services of the Company ordered by a Customer have been delivered, the return
period has expired, and thirty (45) days has elapsed
since the goods or services were paid for in full.
(b) “Customer” means any person or party who
purchases goods or services on the Site after connecting to the Site from the
Affiliate Site via a unique tracking link (“Affiliate Link”) we or our third party
tool provides to you for you to place on Affiliate Site or promote through
other channels.
(c) “Affiliate Links” means the banner,
buttons, coding or other manner in which a Customer is referred by one site to
the Site for the purpose of promoting the sale of goods or services on the
Site. The Affiliate Links are prepared so as to
track Customers who are directed from the Affiliate Site to the Site and make a
purchase which results in a Completed Transaction.
(d) “Net Sale Price” means the total received in US Dollars (after conversion
from non-US currency to US Dollars, if necessary) from the Customer less
(i) any tax collected by the Company for or on
behalf of any governmental or taxing authority (such as a sales tax or VAT),
(ii) shipping and handling charges,
(iii) restocking fees,
(iv) credit card or other charges by attributable to the payment method used by
the Customer,
(v) currency conversion fees, or
(vi) discounts, credit or allowances granted by the Company in its sole and
absolute discretion.
2 AFFILIATE SITE
AND CONTENT.
You have sole and exclusive responsibility and
liability for the development, operation, maintenance and all materials and
content that appear on the Affiliate Site. You shall operate and maintain the
Affiliate Site in accordance with all applicable laws, rules and regulations.
In consideration of the Fees, you agree to place
one or more of the Affiliate Links on the Affiliate Site
in accordance with the terms and conditions of this Agreement.
We reserve the right to monitor the Affiliate
Site to determine if you are in compliance with this Agreement.
The Company is not responsible to pay any
Fees in the event you do not use the Affiliate Links provided to you by the Company without modification OR you do not
properly install those Affiliate Links, meaning the traffic
will not be properly tracked to reflect that a Customer came from the Affiliate
Site.
3 COMPENSATION FOR
YOUR REFERRED TRAFFIC.
Subject to your
proper installation and use of the Affiliate Links, you will be compensated based upon the Net Sale Price from
Completed Transactions. Your compensation (the “Fee”) shall be in accordance
with Commission Terms set forth in the affiliate management tool utilized by
the Company.
The Fee will be
offset with respect to each Completed Transaction for which
(a) the Company issues discounts, credits or allowances, or
(b) there is a chargeback issued against the Company for any payment previously
credited to the Company.
The Company reserves the right to refuse an
attempted purchase by any person, in the Company's sole and absolute
discretion. You shall have no claim to any Fee based on the Company's
decision to not complete transaction with any person who accesses the Site
through a Link on the Affiliate Site.
The Fee relative to Completed Transaction shall
be payable to you on or before the last day of the following month. All Fees
are payable in U.S. Dollars.
Notwithstanding the foregoing, if and to the
extent you are required to file or provide certain documentation for tax and
other governmental purposes, payment of the Fees may be suspended pending
completion of such documentation.
4 FULFILLMENT AND
CUSTOMER INFORMATION.
The Company is solely responsible for
processing and fulfillment of all orders of goods and services on the Site,
which shall be governed by the terms and conditions established by the Company
in its sole and absolute discretion. All information about such orders and the
Customers are the sole and exclusive property of the Company.
Additionally, you agree that the Company may
collect, process and sell certain information about you.
5 LIMITED LICENSE
RIGHTS.
You agree to place one or more of the Affiliate Links on the Affiliate Site. Affiliate Links may contain logos, trademarks, service marks (collectively,
“Marks”). Pursuant to this Agreement, the Company grants you a limited,
non-exclusive, non-transferable and revocable license to display the Affiliate Links on the Affiliate Site, and nowhere else, subject to the terms and
conditions of this Agreement. You may not use the Affiliate Links or the Marks for any other purpose absent the express written
consent of the Company. You may not change, add to or delete from the Affiliate Links or Marks. You may not use the Marks independently of the Affiliate Links for any purpose without the Company's express written consent; and
you may not use or present the Affiliate Links in any manner
that suggests the endorsement of or by any other goods, services, persons or
entities without the express written consent of the Company. In addition, you
agree to not (a) acquire or attempt to acquire, register or attempt to register,
make a claim to or in any way use domain names, trademarks, service marks,
keywords, handles, screen names or other forms of identification incorporating
the Marks; or (b) not to use the Marks in a way that suggests that the source
of the Affiliate Site is the Company.
All intellectual property rights in and to the
Marks, and any goodwill generated by your use of the Marks shall inure solely
to the benefit of the Company.
Upon suspension of this Agreement, the rights
granted herein may, in the Company's sole discretion, be suspended. Upon
termination of this Agreement, the rights granted in this section shall
automatically terminate.
6 REPRESENTATIONS
AND WARRANTIES.
You represent and warrant that:
(a) You are legally capable and authorized to
enter into this Agreement; and, if you represent an entity, all actions
necessary to authorize you to enter into this Agreement have been taken.
(b) You are the sole owner and operator of the
Affiliate Site.
(c) The Affiliate Site does not and shall not:
(i) depict anyone less than eighteen (18) years
of age;
(ii) contain material subject to 18 USC §2257
(but if it does, you will notify us not less than thirty (30) days in advance
of such inclusion and you will comply in all respects therewith);
(iii) contain any information which you know or
reasonably should know is false;
(iv) contain or transmit any apps or programs
that are or can be installed or downloaded to a Customer’s computer or other
device without the Customer’s express and knowing consent as to the exact
nature, purpose and function of such apps or programs;
(v) not use the
Company's name or the Marks in any form of unsolicited communication, including
unsolicited email (spam)
7 DISCLAIMERS.
The Company makes no representations or
warranties as to the Site. To the maximum extent of the law, the Company
disclaims all representations, warranties and conditions, express and implied,
including the warranties of merchantability, fitness for particular purpose,
title and non-infringement. The Site is provided “as is.”
8 LIMITATION OF
LIABILITY.
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY
SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR
DAMAGES INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS OR BUSINESS
OPPORTUNITY, EVEN IF WE HAD BEEN ADVISED OF SUCH POSSIBILITY.
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE FEES PAID TO YOU
BY THE COMPANY. THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE
OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH COSTS OR DAMAGES.
For purposes of this section, any reference to
“the Company” shall include the Company's affiliates, officers, employees,
principals, agents and contractors.
9 TERM AND
TERMINATION.
This Agreement shall commence upon the last
signing by a Party and may be terminated by either Party upon written notice to
the other. If we terminate this Agreement due to breach by you, no further Fees
shall be paid to you and we may seek such other relief, equitable and legal, as
may be available. If you terminate, the Fees due and owing to you shall be paid
as provided herein. Regardless who terminates, upon termination, any and all
rights and licenses granted by us to you shall immediately cease and you shall
immediately stop using and remove the Affiliate Links and the Marks from the Affiliate Site.
10 RELATIONSHIP.
(a) You are an independent contractor with
respect to the Company. Nothing in this Agreement is intended to or should be
construed to create a partnership, joint venture, franchisor/franchisee or
employer-employee relationship between you and the Company. You shall not, in
any manner or respect, represent, suggest or convey the impression that you are
an employee or agent of the Company, or that the Company has endorsed you
and/or the Affiliate site or that you represent the Company in any manner or
capacity. You have no authority to and shall not enter into any agreements or
obligations purporting to be binding upon the Company.
(b) As an independent contractor, you are solely
and exclusively responsible (i) for all taxes payable with respect to income
earned through the Site; (ii) to obtain any liability, health, workers’
compensation, disability, unemployment, or other insurance needed, desired, or
required by law, and that you are not covered by or eligible for any insurance
from the Company; and (iii) for ensuring that you comply with any Licensing
Authority’s rules or practices.
11 CONFIDENTIALITY.
You promise and agree to hold Confidential
Information in strict confidence and in trust for the sole benefit of the
Company, both during the term of this Agreement and at all times thereafter,
and shall not use such Confidential Information for any purpose, whether or not
for consideration, business or personal, other than as may be reasonably
necessary for the performance of its duties pursuant to this Agreement, without
the Company's prior written consent. You shall not disclose any Confidential
Information to any person or entity, other than to such of its employees or
consultants as may be reasonably necessary for purposes of performing its
duties hereunder and have executed agreements of confidentiality no less
protective than this Agreement, without the Company's prior written consent.
You shall use not less than the same degree of care it uses to protect its own
Confidential Information, but in any event not less than a reasonable degree of
care. For purposes of clarity, your obligations hereunder include taking all
actions necessary to ensure that your affiliates, employees, contractors and
agents and any other person or party who obtains Confidential Information from
or as a result of provider abide by the terms of this section in their
entirety.
Confidential
Information does not include information that
(a) is or becomes publicly known through lawful means;
(b) was rightfully in provider’s possession or part of your general knowledge
prior to the effective date of this Agreement; or
(c) is disclosed to you without confidential restriction by a third party who
rightfully possesses the information (without confidential restriction) and did
not learn of it, directly or indirectly, from the Company.
If you are required
to disclose Confidential Information by virtue of a lawful court order,
subpoena or similar legal request, you will promptly notify the Company in
writing of such requirement and cooperate so that the Company may seek an
appropriate protective order. You will not use, copy, publish, distribute or
summarize any Confidential Information except as necessary to carry out the
activities contemplated herein.
12 WAIVER.
You expressly and unconditionally waive any and
all claims against the Company, regardless the bases upon which such claim(s)
may be made, that may be based on, arise in connection with or be related to
any of the following acts, circumstances or conditions:
(a) the Site is partially or totally inoperative
or inaccessible;
(b) there are bugs, errors or inaccuracies in
the Site;
(c) a suspension, termination or other action
was taken with respect to your account by the Company even if such suspension,
termination or other action resulted in a loss of profits to you;
(d) any claim relating to a change in this
Agreement by the Company;
(e) withholdings, deductions or offset in
connection with payment of Fees due to applicable tax or currency control
restrictions.
For purposes of this section, any reference to
“the Company” shall include the Company's affiliates, officers, employees,
principals, agents and contractors.
No waiver by the Company of any breach by you of
any condition or provision of this Agreement shall be deemed a waiver of any
similar or dissimilar provision or condition at the same or any prior or
subsequent time, nor shall the failure of or delay by the Company in exercising
any right, power, or privilege under this Agreement operate as a waiver to
preclude any other or further exercise thereof or the exercise of any other
such right, power, or privilege.
You are solely responsible for the security of
your Account, and the username and password associated with your Account. You
hereby waive and dismiss any claims against us and agree to indemnify, defend
and hold us harmless against any unauthorized use of or access to your Account
by an unauthorized person using your username and password.
You agree that any dispute you raise shall be as
an individual only, not as a class or with or behalf of anyone else. You
expressly waive any right to bring a class or collective action, or be a member
in a class or collective proceeding. The Company may take any and all actions
necessary to dismiss a class or collective actions or claims thereunder.
13 INDEMNIFICATION.
The Company and its affiliates, owners,
principals, officers, employees and agents shall be referred to, collectively,
as “the Company Indemnitees.”
You agree to and shall indemnify, defend (with
legal counsel reasonably acceptable to the Company Indemnitees) and hold the
Company Indemnitees harmless from and against any and all actions, suits,
claims, demands, debts, liabilities, obligations, losses, damages, costs,
expenses, penalties or injury (including reasonable attorneys’ fees and costs
of any suit related thereto) suffered or incurred by any of them arising from:
(a) any misrepresentation by, or breach of any
covenant or warranty of yours contained in this Agreement or any exhibit,
certificate, or other agreement or instrument furnished or to be furnished by
you hereunder;
(b) any non-fulfillment of any agreement by you
under this Agreement;
(c) any suit, action, proceeding, claim or
investigation against the Company Indemnitees which arises from or which is
based upon or pertaining to your acts or omissions or conduct of
business;
(d) failure to comply with the terms of this
Agreement by you or your employees and agents;
(e) failure to comply with applicable law by you
or your employees and agents;
(f) defamation, libel, violation of privacy
rights, unfair competition, or infringement of intellectual property rights or
allegations thereof to the extent caused by you or your employees and
agents;
(g) failure to pay appropriate taxes for
yourself or your employees and agents (including withholding taxes, if any); or
(h) the Affiliate Site contains or promotes
materials that infringe or violate the copyright or other intellectual property
rights of any third-parties.
If any lawsuit, enforcement action or any
attempt to collect on an alleged liability is filed against the Company
Indemnitees, written notice thereof shall be given to you within ten (10)
business days after receipt of notice or other date by which action must be
taken; provided, however, that the failure of the Company Indemnitees to give
timely notice shall not affect its rights to indemnification hereunder except
to the extent that you demonstrate damage caused by such failure. After such
notice, you shall be entitled, if it so elects, to take control of the defense
and investigation of such lawsuit or action and to employ and engage attorneys
of its own choice to handle and defend the same, at your reasonable cost and
expense. The Company Indemnitees shall cooperate in all reasonable respects, at
your cost and expense, with you and such attorneys in the investigation, trial
and defense of such lawsuit or action and any appeal arising therefrom. You
shall not, without the prior written consent of the Company Indemnitees, effect
any settlement of any proceeding in respect of which the Company Indemnitees
is/are a party and indemnity has been sought hereunder unless such settlement
of a claim, investigation, suit, or other proceeding only involves a remedy for
the payment of money by you and includes an unconditional release of the
Company Indemnitees from all liability on claims that are the subject matter of
such proceeding.
If you shall have an indemnification, defense
and hold harmless obligation, as above provided, and shall fail to assume such
obligation, then the Company Indemnitees shall have the right, but not the
obligation, to assume and maintain such defense (including reasonable counsel
fees and costs of any suit related thereto) and to make any settlement or pay
any judgment or verdict as the Company Indemnitees, in its/their sole and
absolute discretion, deem necessary or appropriate; such costs of settlement, payment,
expense and costs, including reasonable attorneys’ fees, to be reimbursed by
you upon demand by the Company Indemnitees.
The Company may deduct or offset or
withhold your Fees if the Company, in its sole and absolute discretion,
determines that you have committed some act that is likely to result in
disputes, chargebacks or damages to the Company to which the Company would be
entitled to indemnification by you.
14 ASSIGNMENT;
SUCCESSION.
You may not assign this Agreement. Any attempted
assignment or transfer in violation of this subsection will be null and void.
Subject to the foregoing restrictions, this Agreement is binding upon and will
inure to the benefit of the successors, heirs and permitted assigns of the
Parties.
This Agreement shall be binding upon the Parties
and their successors, permitted assigns, heirs, affiliates, directors,
shareholders, officers, employees and/or agents.
15 CHOICE OF LAW.
This Agreement shall be governed by the laws of
the State of California, without regard to its conflict of laws rules or
principles.
16 VENUE.
Affiliate hereby consents to exclusive
jurisdiction in and venue in California for all proceedings arising out of this
Agreement.
17 DISPUTE
RESOLUTION.
To the fullest extent permitted by law, all
disputes arising out of and related to this Agreement (“Disputes”) shall be
resolved as follows:
(a) Manner of Resolution.
Any Dispute(s) shall be settled exclusively by
arbitration. The arbitration shall be initiated and conducted pursuant to the
arbitration rules of the American Arbitration Association in effect at the time
the request for arbitration is made. Arbitration shall be final and binding
upon the Parties. Any Party may bring an action in court to compel arbitration
under this Agreement and to enforce an arbitration award. Otherwise, no Party
shall initiate or prosecute any lawsuit or administrative action in any way
related to any Dispute. In any arbitration arising out of or related to this
Agreement, the arbitrator shall award to the prevailing Party, if any, the
costs and attorneys’ fees reasonably incurred by the prevailing Party in
connection with the arbitration. The Parties shall maintain the confidential
nature of the arbitration proceeding and the award, except as may be necessary
in connection with a judicial challenge to an award or its enforcement, or
unless otherwise required by law or judicial decision. Notwithstanding anything
herein to the contrary, either Party shall be entitled to seek to obtain any
provisional remedy, including injunctive or similar relief, from any court of
competent jurisdiction as may be necessary to protect such Party’s rights and
interests.
(b) Equitable Relief.
Each Party acknowledges that (i) a breach or
threatened breach by such Party of any of its obligations under this Agreement
would give rise to irreparable harm to the other Party for which monetary
damages would not be an adequate remedy and (ii) if a breach or a threatened
breach by such Party of any such obligations occurs, the other Party will, in
addition to any and all other rights and remedies that may be available to such
Party at law, at equity, or otherwise in respect of such breach, be entitled to
equitable relief, including a restraining order, an injunction, specific
performance, and any other relief that may be available from, notwithstanding
anything to the contrary contained herein, any court of competent jurisdiction,
without any requirement to (1) post a bond or other security, or (2) prove
actual damages or that monetary damages will not afford an adequate remedy.
18 WAIVER OF JURY
TRIAL.
Each of the Parties knowingly, voluntarily and
irrevocably waives, to the fullest extent permitted by law, all right to trial
by jury in any action, proceeding or counterclaim (whether based on contract,
tort or otherwise) arising out of or relating to this Agreement or the actions
of any Party in negotiation, administration, performance or enforcement of this
Agreement.
19 REMEDIES.
All rights, remedies, undertakings, obligations
and agreements contained in this Agreement or available at law, in equity or
otherwise, shall be cumulative, and none shall be a limitation of any other
remedy, right, undertaking, obligation or agreement.
This Agreement shall be binding upon the parties
and their successors, permitted assigns, heirs, affiliates, directors,
shareholders, officers, employees and/or agents.
20 FORCE MAJEURE.
The Company shall not be responsible or
liable for any delay or failure to fulfill any provision of this Agreement if
such a delay or failure results directly or indirectly from any act of God,
war, riot, insurrection, embargoes, acts of civil or military authorities,
fires, floods, explosions, accidents, or any other cause beyond the reasonable
control of the Company.
21 INTERPRETATION.
You acknowledge and agree that you had
sufficient time and opportunity to have this Agreement reviewed by your legal
counsel. If this Agreement is ever construed, whether by a court or arbitrator,
such court or arbitrator will not construe this Agreement, or any provision
hereof, against any party as drafter.
This Agreement is written in English and,
notwithstanding the translation or translatability into other languages, the
English language version of this Agreement shall be controlling.
The headings used herein are for convenience
only and shall not be deemed to define, limit or construe the contents of any
provision of this Agreement. The meanings given to terms defined herein will be
equally applicable to both the singular and plural forms of such terms.
Whenever the context may require, any pronoun includes the corresponding
masculine, feminine and neuter forms.
22 COUNTERPARTS.
This Agreement may be executed in counterparts,
via any means (including facsimile and e-mail), all of which shall be
effective, but when taken together shall comprise one agreement.
23 SEVERABILITY.
If any provision of this Agreement is
unenforceable under any applicable law or is held invalid, such holding shall
not affect any other provision hereof, and the defective provision shall, if
applicable law permits, be modified and interpreted in a manner that it is
enforceable. Otherwise, the offending term or provision shall be omitted and
not affect any other term or provision of this Agreement or invalidate or
render unenforceable such term or provision in any other jurisdiction.
24 AMENDMENTS.
The Company may modify or amend the terms of
this Agreement at any time by posting such changes on the Site and/or notifying
you by email. No such amendment shall be effective until at least thirty (30)
days after the posting or email notice, whichever occurs first. Notwithstanding
any modification, the rights and obligations of the Parties relating to the
consideration to be received hereunder and any fees to be charged as between
Parties as to any occurrence prior to the effective date of such modification
shall remain unchanged by any such modification.
25 NOTICES.
Any notices or other communications required or
permitted hereunder shall be sufficiently given if in writing and delivered in
Person or sent by registered or certified mail (return receipt requested) or
nationally recognized overnight delivery service, postage pre-paid, or
delivered via electronic means, including email addresses, addressed as follows, or to such other address has such Party may
notify to the other Parties in writing:
To the Company:
Lenz Technology LLC
17 Hammond, Suite 401
Irvine, California 92618
Email: [email protected]
To the Affiliate:
Your address as provided in our affiliate account information for you.
Notices, demands or requests which we or you are
required or desire to give the other hereunder shall be deemed to have been
properly given for all purposes if (a) hand-delivered to the Party's notice
address, (b) delivered to a nationally recognized overnight courier such as
FedEx, UPS or DHL to its addressee at such Party's notice address, or (c)
delivered via telecopier or facsimile transmission to the Party's facsimile
number. Each such notice, demand or request shall be deemed to have been
received upon the earlier of (i) actual receipt or refusal by the addressee if
hand-delivered in accordance with clause (a) or (b) above, or (ii) the date and
time of transmission if sent during business hours in accordance with clause
(c) above. The Parties shall notify the other of any change in address, which
notification must be at least two business days in advance of it being
effective. Notices may be given on behalf of any Party by such Party's legal
counsel. For a notice to be valid and effective, an email copy of such
shall notice shall be sent concurrently to the addressee’s email. An email
notice alone shall be sufficient upon acknowledgment of receipt by the
recipient or the recipient’s reply to such email, direct or indirect.
26 ENTIRE
AGREEMENT.
This Agreement sets forth the entire agreement
and understanding between you and the Company relating to the subject matter
hereof and thereof and supersedes any prior or contemporaneous discussions,
agreements, representations, warranties and other communications between you
and the Company, written or oral, to the extent they relate in any way to the
subject matter hereof.
PRIVACY POLICY
This Privacy Policy describes how Lenzcharging.com (the "Site", "we", "us", or "our")
collects, uses, and discloses your personal information when you visit,
use our services, or make a purchase from Lenzcharging.com (the "Site") or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your"
means you as the user of the Services, whether you are a customer,
website visitor, or another individual whose information we have
collected pursuant to this Privacy Policy.
Please
read this Privacy Policy carefully. By using and accessing any of the
Services, you agree to the collection, use, and disclosure of your
information as described in this Privacy Policy. If you do not agree to
this Privacy Policy, please do not use or access any of the Services.
Contact
After
reviewing this policy, if you have additional questions, want more
information about our privacy practices, or would like to make a
complaint, please contact us by e-mail at [email protected] or by
mail using the details provided below:
Lenz Technology LLC, 17 Hammond Unit 401, Irvine CA 92618, United States
Changes to This Privacy Policy
We may
update this Privacy Policy from time to time, including to reflect
changes to our practices or for other operational, legal, or regulatory
reasons. We will post the revised Privacy Policy on the Site, update the
"Last updated" date and take any other steps required by applicable
law.
How We Collect and Use Your Personal Information
To provide
the Services, we collect, use, disclose, and store personal information
about you collected from a variety of sources, as set out below. The
information that we collect, store, disclose, and use varies depending
on how you interact with us.
In
addition to the specific uses set out below, we may use information we
collect about you to communicate with you, provide the Services, comply
with any applicable legal obligations, enforce any applicable terms of
service, and to protect or defend the Services, our rights, and the
rights of our users or others.
What Personal Information We Collect
The types
of personal information we obtain about you depends on how you interact
with our Site and use our Services. When we use the term "personal
information", we are referring to information that identifies, relates
to, describes or can be associated with you. The following sections
describe the categories and specific types of personal information we
collect.
Information We Collect Directly from You
Information that you directly submit to us through our Services may include:
Some
features of the Services may require you to directly provide us with
certain information about yourself. You may elect not to provide this
information, but doing so may prevent you from using or accessing these
features.
Information We Collect through Cookies
We also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies").
Usage Data may include information about how you access and use our
Site and your account, including device information, browser
information, information about your network connection, your IP address
and other information regarding your interaction with the Services.
Information We Obtain from Third Parties
Finally,
we may obtain information about you from third parties, including from
vendors and service providers who may collect information on our behalf,
such as:
Any
information we obtain from third parties will be treated in accordance
with this Privacy Policy. We are not responsible or liable for the
accuracy of the information provided to us by third parties and are not
responsible for any third party's policies or practices. For more
information, see the section below, Third Party Websites and Links.
How We Use Your Personal Information
Cookies
Like many
websites, we use Cookies on our Site. For specific information about the
Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies.
We use Cookies to power and improve our Site and our Services
(including to remember your actions and preferences), to run analytics
and better understand user interaction with the Services (in our
legitimate interests to administer, improve and optimize the Services).
We may also permit third parties and services providers to use Cookies
on our Site to better tailor the services, products and advertising on
our Site and other websites.
Most
browsers automatically accept Cookies by default, but you can choose to
set your browser to remove or reject Cookies through your browser
controls. Please keep in mind that removing or blocking Cookies can
negatively impact your user experience and may cause some of the
Services, including certain features and general functionality, to work
incorrectly or no longer be available. Additionally, blocking Cookies
may not completely prevent how we share information with third parties
such as our advertising partners.
How We Disclose Personal Information
In certain
circumstances, we may disclose your personal information to third
parties for legitimate purposes subject to this Privacy Policy. Such
circumstances may include:
We have,
in the past 12 months disclosed the following categories of personal
information and sensitive personal information (denoted by *) about
users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":
Category
Categories of Recipients
We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.
CCPA
What is
covered as a “sale” under California law is not yet clear, but we do not
“sell” your information as we understand it under the California
Consumer Privacy Act of 2018 (“CCPA”).
If you are
a resident of California, you have the right to access the Personal
Information we hold about you (also known as the ‘Right to Know’), to
port it to a new service, and to ask that your Personal Information be
corrected, updated, or erased. If you would like to exercise these
rights, please contact us through the contact information above.
If you
would like to designate an authorized agent to submit these requests on
your behalf, please contact us at the address above.
User Generated Content
The
Services may enable you to post product reviews and other user-generated
content. If you choose to submit user generated content to any public
area of the Services, this content will be public and accessible by
anyone.
We do not
control who will have access to the information that you choose to make
available to others, and cannot ensure that parties who have access to
such information will respect your privacy or keep it secure. We are not
responsible for the privacy or security of any information that you
make publicly available, or for the accuracy, use or misuse of any
information that you disclose or receive from third parties.
Third Party Websites and Links
Our Site
may provide links to websites or other online platforms operated by
third parties. If you follow links to sites not affiliated or controlled
by us, you should review their privacy and security policies and other
terms and conditions. We do not guarantee and are not responsible for
the privacy or security of such sites, including the accuracy,
completeness, or reliability of information found on these sites.
Information you provide on public or semi-public venues, including
information you share on third-party social networking platforms, may
also be viewable by other users of the Services and/or users of those
third-party platforms without limitation as to its use by us or by a
third party. Our inclusion of such links does not, by itself, imply any
endorsement of the content on such platforms or of their owners or
operators, except as disclosed on the Services.
Children’s Data
The
Services are not intended to be used by children, and we do not
knowingly collect any personal information about children. If you are
the parent or guardian of a child who has provided us with their
personal information, you may contact us using the contact details set
out above to request that it be deleted.
As of the
Effective Date of this Privacy Policy, we do not have actual knowledge
that we “share” or “sell” (as those terms are defined in applicable law)
personal information of individuals under 16 years of age.
Security and Retention of Your Information
Please be
aware that no security measures are perfect or impenetrable, and we
cannot guarantee “perfect security.” In addition, any information you
send to us may not be secure while in transit. We recommend that you do
not use unsecure channels to communicate sensitive or confidential
information to us.
How long
we retain your personal information depends on different factors, such
as whether we need the information to maintain your account, to provide
the Services, comply with legal obligations, resolve disputes or enforce
other applicable contracts and policies.
While we
use commercially reasonable standards, measures and/or protocol to keep
the information collected through the Services secure, we cannot ensure
the security of any information submitted or transmitted by you to us,
nor can we guarantee that said information may not be disclosed,
destroyed, and/or altered.
Your Rights
Depending
on where you live, you may have some or all of the rights listed below
in relation to your personal information. However, these rights are not
absolute, may apply only in certain circumstances and, in certain cases,
we may decline your request as permitted by law.
Your Choices
You May Decline to Provide Information.
You may decline to submit personal information or otherwise decline to
use any functionality of the Services that records or otherwise requires
the submission of personal information.
Effect of Declining to Provide Information.
If you decline to submit personal information or any portion thereof,
you may experience materially reduced Services quality and/or may be
unable to user certain portions of the Services. However, you
acknowledge and agree that any resulting inability to provide the
Services, or any resulting degradation thereof, shall not be grounds for
any claim of breach, damages, or other liability; nor shall it in any
way relieve you of your obligations.
You May Request Deletion of Personal Information.
You may request that we delete your own personal information. However,
you acknowledge and agree that doing so shall relieve and release us
from any liability, obligation, claim, or other damages related to or
arising from said personal information.
No Sensitive Information.
You acknowledge and agree that the information you are providing to us
for the purposes of performing the Services is not sensitive in nature
(i.e., is not personal information specifying medical or health
conditions, racial or ethnic origin, political opinions, religious or
philosophical beliefs, etc.).
Last updated: June 21, 2023