AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”, “TERMS”), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/ OR CONTRIBUTORS OF CONTENT.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.

ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE CURRENT STORE SHALL ALSO BE SUBJECT TO THE TERMS OF SERVICE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND/OR CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

OUR STORE IS HOSTED ON GODADDY.COM LLC THEY PROVIDE US WITH THE ONLINE E-COMMERCE PLATFORM THAT ALLOWS US TO SELL OUR PRODUCTS AND SERVICES TO YOU.

SECTION 1 – ONLINE STORE TERMS

BY AGREEING TO THESE TERMS OF SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE, OR THAT YOU ARE THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND YOU HAVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENTS TO USE THIS SITE.
YOU MAY NOT USE OUR PRODUCTS FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE NOR MAY YOU, IN THE USE OF THE SERVICE, VIOLATE ANY LAWS IN YOUR JURISDICTION (INCLUDING BUT NOT LIMITED TO COPYRIGHT LAWS).
YOU MUST NOT TRANSMIT ANY WORMS OR VIRUSES OR ANY CODE OF A DESTRUCTIVE NATURE.
A BREACH OR VIOLATION OF ANY OF THE TERMS WILL RESULT IN AN IMMEDIATE TERMINATION OF YOUR SERVICES.

SECTION 2 – GENERAL CONDITIONS

WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.
YOU UNDERSTAND THAT YOUR CONTENT (NOT INCLUDING CREDIT CARD INFORMATION), MAY BE TRANSFERRED UNENCRYPTED AND INVOLVE (A) TRANSMISSIONS OVER VARIOUS NETWORKS; AND (B) CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. CREDIT CARD INFORMATION IS ALWAYS ENCRYPTED DURING TRANSFER OVER NETWORKS.
YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, RESELL OR EXPLOIT ANY PORTION OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE OR ANY CONTACT ON THE WEBSITE THROUGH WHICH THE SERVICE IS PROVIDED, WITHOUT EXPRESS WRITTEN PERMISSION BY US.
THE HEADINGS USED IN THIS AGREEMENT ARE INCLUDED FOR CONVENIENCE ONLY AND WILL NOT LIMIT OR OTHERWISE AFFECT THESE TERMS.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS SITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE MATERIAL ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION. ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK.
THIS SITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS SITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR SITE.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

PRICES FOR OUR PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
WE RESERVE THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME.
WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.

SECTION 5 – PRODUCTS OR SERVICES

CERTAIN PRODUCTS OR SERVICES MAY BE AVAILABLE EXCLUSIVELY ONLINE THROUGH THE WEBSITE. THESE PRODUCTS OR SERVICES MAY HAVE LIMITED QUANTITIES AND ARE SUBJECT TO RETURN OR EXCHANGE ONLY ACCORDING TO OUR RETURN POLICY.
WE HAVE MADE EVERY EFFORT TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS AND IMAGES OF OUR PRODUCTS THAT APPEAR AT THE STORE. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR’S DISPLAY OF ANY COLOR WILL BE ACCURATE.
WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO LIMIT THE SALES OF OUR PRODUCTS OR SERVICES TO ANY PERSON, GEOGRAPHIC REGION OR JURISDICTION. WE MAY EXERCISE THIS RIGHT ON A CASE-BY-CASE BASIS. WE RESERVE THE RIGHT TO LIMIT THE QUANTITIES OF ANY PRODUCTS OR SERVICES THAT WE OFFER. ALL DESCRIPTIONS OF PRODUCTS OR PRODUCT PRICING ARE SUBJECT TO CHANGE AT ANYTIME WITHOUT NOTICE, AT THE SOLE DISCRETION OF US. WE RESERVE THE RIGHT TO DISCONTINUE ANY PRODUCT AT ANY TIME. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE ON THIS SITE IS VOID WHERE PROHIBITED.
WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

WE RESERVE THE RIGHT TO REFUSE ANY ORDER YOU PLACE WITH US. WE MAY, IN OUR SOLE DISCRETION, LIMIT OR CANCEL QUANTITIES PURCHASED PER PERSON, PER HOUSEHOLD OR PER ORDER. THESE RESTRICTIONS MAY INCLUDE ORDERS PLACED BY OR UNDER THE SAME CUSTOMER ACCOUNT, THE SAME CREDIT CARD, AND/OR ORDERS THAT USE THE SAME BILLING AND/OR SHIPPING ADDRESS. IN THE EVENT THAT WE MAKE A CHANGE TO OR CANCEL AN ORDER, WE MAY ATTEMPT TO NOTIFY YOU BY CONTACTING THE E-MAIL AND/OR BILLING ADDRESS/PHONE NUMBER PROVIDED AT THE TIME THE ORDER WAS MADE. WE RESERVE THE RIGHT TO LIMIT OR PROHIBIT ORDERS THAT, IN OUR SOLE JUDGMENT, APPEAR TO BE PLACED BY DEALERS, RESELLERS OR DISTRIBUTORS.

YOU AGREE TO PROVIDE CURRENT, COMPLETE AND ACCURATE PURCHASE AND ACCOUNT INFORMATION FOR ALL PURCHASES MADE AT OUR STORE. YOU AGREE TO PROMPTLY UPDATE YOUR ACCOUNT AND OTHER INFORMATION, INCLUDING YOUR EMAIL ADDRESS AND CREDIT CARD NUMBERS AND EXPIRATION DATES, SO THAT WE CAN COMPLETE YOUR TRANSACTIONS AND CONTACT YOU AS NEEDED.

FOR MORE DETAIL, PLEASE REVIEW OUR RETURNS POLICY.

SECTION 7 – OPTIONAL TOOLS

WE MAY PROVIDE YOU WITH ACCESS TO THIRD-PARTY TOOLS OVER WHICH WE NEITHER MONITOR NOR HAVE ANY CONTROL NOR INPUT.
YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE ACCESS TO SUCH TOOLS ”AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND AND WITHOUT ANY ENDORSEMENT. WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF OPTIONAL THIRD-PARTY TOOLS.
ANY USE BY YOU OF OPTIONAL TOOLS OFFERED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOU SHOULD ENSURE THAT YOU ARE FAMILIAR WITH AND APPROVE OF THE TERMS ON WHICH TOOLS ARE PROVIDED BY THE RELEVANT THIRD-PARTY PROVIDER(S).
WE MAY ALSO, IN THE FUTURE, OFFER NEW SERVICES AND/OR FEATURES THROUGH THE WEBSITE (INCLUDING, THE RELEASE OF NEW TOOLS AND RESOURCES). SUCH NEW FEATURES AND/OR SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

SECTION 8 – THIRD-PARTY LINKS

CERTAIN CONTENT, PRODUCTS AND SERVICES AVAILABLE VIA OUR SERVICE MAY INCLUDE MATERIALS FROM THIRD-PARTIES.
THIRD-PARTY LINKS ON THIS SITE MAY DIRECT YOU TO THIRD-PARTY WEBSITES THAT ARE NOT AFFILIATED WITH US. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY AND WE DO NOT WARRANT AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD-PARTIES.
WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY WEBSITES. PLEASE REVIEW CAREFULLY THE THIRD-PARTY’S POLICIES AND PRACTICES AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU ENGAGE IN ANY TRANSACTION. COMPLAINTS, CLAIMS, CONCERNS, OR QUESTIONS REGARDING THIRD-PARTY PRODUCTS SHOULD BE DIRECTED TO THE THIRD-PARTY.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

IF, AT OUR REQUEST, YOU SEND CERTAIN SPECIFIC SUBMISSIONS (FOR EXAMPLE CONTEST ENTRIES) OR WITHOUT A REQUEST FROM US YOU SEND CREATIVE IDEAS, SUGGESTIONS, PROPOSALS, PLANS, OR OTHER MATERIALS, WHETHER ONLINE, BY EMAIL, BY POSTAL MAIL, OR OTHERWISE (COLLECTIVELY, ‘COMMENTS’), YOU AGREE THAT WE MAY, AT ANY TIME, WITHOUT RESTRICTION, EDIT, COPY, PUBLISH, DISTRIBUTE, TRANSLATE AND OTHERWISE USE IN ANY MEDIUM ANY COMMENTS THAT YOU FORWARD TO US. WE ARE AND SHALL BE UNDER NO OBLIGATION (1) TO MAINTAIN ANY COMMENTS IN CONFIDENCE; (2) TO PAY COMPENSATION FOR ANY COMMENTS; OR (3) TO RESPOND TO ANY COMMENTS.
WE MAY, BUT HAVE NO OBLIGATION TO, MONITOR, EDIT OR REMOVE CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION ARE UNLAWFUL, OFFENSIVE, THREATENING, LIBELOUS, DEFAMATORY, PORNOGRAPHIC, OBSCENE OR OTHERWISE OBJECTIONABLE OR VIOLATES ANY PARTY’S INTELLECTUAL PROPERTY OR THESE TERMS OF SERVICE.
YOU AGREE THAT YOUR COMMENTS WILL NOT VIOLATE ANY RIGHT OF ANY THIRD-PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, PERSONALITY OR OTHER PERSONAL OR PROPRIETARY RIGHT. YOU FURTHER AGREE THAT YOUR COMMENTS WILL NOT CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL, OR CONTAIN ANY COMPUTER VIRUS OR OTHER MALWARE THAT COULD IN ANY WAY AFFECT THE OPERATION OF THE SERVICE OR ANY RELATED WEBSITE. YOU MAY NOT USE A FALSE E-MAIL ADDRESS, PRETEND TO BE SOMEONE OTHER THAN YOURSELF, OR OTHERWISE MISLEAD US OR THIRD-PARTIES AS TO THE ORIGIN OF ANY COMMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY COMMENTS YOU MAKE AND THEIR ACCURACY. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY COMMENTS POSTED BY YOU OR ANY THIRD-PARTY.

SECTION 10 – PERSONAL INFORMATION

YOUR SUBMISSION OF PERSONAL INFORMATION THROUGH THE STORE IS GOVERNED BY OUR PRIVACY POLICY. TO VIEW OUR PRIVACY POLICY.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

OCCASIONALLY THERE MAY BE INFORMATION ON OUR SITE OR IN THE SERVICE THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).
WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICE OR ON ANY RELATED WEBSITE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED.

SECTION 12 – PROHIBITED USES

IN ADDITION TO OTHER PROHIBITIONS AS SET FORTH IN THE TERMS OF SERVICE, YOU ARE PROHIBITED FROM USING THE SITE OR ITS CONTENT: (A) FOR ANY UNLAWFUL PURPOSE; (B) TO SOLICIT OTHERS TO PERFORM OR PARTICIPATE IN ANY UNLAWFUL ACTS; (C) TO VIOLATE ANY INTERNATIONAL, FEDERAL, PROVINCIAL OR STATE REGULATIONS, RULES, LAWS, OR LOCAL ORDINANCES; (D) TO INFRINGE UPON OR VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS; (E) TO HARASS, ABUSE, INSULT, HARM, DEFAME, SLANDER, DISPARAGE, INTIMIDATE, OR DISCRIMINATE BASED ON GENDER, SEXUAL ORIENTATION, RELIGION, ETHNICITY, RACE, AGE, NATIONAL ORIGIN, OR DISABILITY; (F) TO SUBMIT FALSE OR MISLEADING INFORMATION; (G) TO UPLOAD OR TRANSMIT VIRUSES OR ANY OTHER TYPE OF MALICIOUS CODE THAT WILL OR MAY BE USED IN ANY WAY THAT WILL AFFECT THE FUNCTIONALITY OR OPERATION OF THE SERVICE OR OF ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET; (H) TO COLLECT OR TRACK THE PERSONAL INFORMATION OF OTHERS; (I) TO SPAM, PHISH, PHARM, PRETEXT, SPIDER, CRAWL, OR SCRAPE; (J) FOR ANY OBSCENE OR IMMORAL PURPOSE; OR (K) TO INTERFERE WITH OR CIRCUMVENT THE SECURITY FEATURES OF THE SERVICE OR ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE SERVICE OR ANY RELATED WEBSITE FOR VIOLATING ANY OF THE PROHIBITED USES.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL USDAVOCADO, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 14 – INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS USDAVOCADO AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.

SECTION 15 – SEVERABILITY

IN THE EVENT THAT ANY PROVISION OF THESE TERMS OF SERVICE IS DETERMINED TO BE UNLAWFUL, VOID OR UNENFORCEABLE, SUCH PROVISION SHALL NONETHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE UNENFORCEABLE PORTION SHALL BE DEEMED TO BE SEVERED FROM THESE TERMS OF SERVICE, SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER REMAINING PROVISIONS.

SECTION 16 – TERMINATION

THE OBLIGATIONS AND LIABILITIES OF THE PARTIES INCURRED PRIOR TO THE TERMINATION DATE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ALL PURPOSES.
THESE TERMS OF SERVICE ARE EFFECTIVE UNLESS AND UNTIL TERMINATED BY EITHER YOU OR US. YOU MAY TERMINATE THESE TERMS OF SERVICE AT ANY TIME BY NOTIFYING US THAT YOU NO LONGER WISH TO USE OUR SERVICES, OR WHEN YOU CEASE USING OUR SITE.
IF IN OUR SOLE JUDGMENT YOU FAIL, OR WE SUSPECT THAT YOU HAVE FAILED, TO COMPLY WITH ANY TERM OR PROVISION OF THESE TERMS OF SERVICE, WE ALSO MAY TERMINATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE AND YOU WILL REMAIN LIABLE FOR ALL AMOUNTS DUE UP TO AND INCLUDING THE DATE OF TERMINATION; AND/OR ACCORDINGLY MAY DENY YOU ACCESS TO OUR SERVICES (OR ANY PART THEREOF).

SECTION 17 – ENTIRE AGREEMENT

THE FAILURE OF US TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
THESE TERMS OF SERVICE AND ANY POLICIES OR OPERATING RULES POSTED BY US ON THIS SITE OR IN RESPECT TO THE SERVICE CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND US AND GOVERN YOUR USE OF THE SERVICE, SUPERSEDING ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND US (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS OF SERVICE).
ANY AMBIGUITIES IN THE INTERPRETATION OF THESE TERMS OF SERVICE SHALL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY.

SECTION 18 – GOVERNING LAW

THESE TERMS OF SERVICE AND ANY SEPARATE AGREEMENTS WHEREBY WE PROVIDE YOU SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, USA.

SECTION 19 – CHANGES TO TERMS OF SERVICE

YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME AT THIS PAGE.
WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF SERVICE BY POSTING UPDATES AND CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK OUR WEBSITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO OUR WEBSITE OR THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS OF SERVICE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

SECTION 20 – CONTACT INFORMATION

QUESTIONS ABOUT THE TERMS OF SERVICE SHOULD BE SENT TO US VIA CONTACT US PAGE AVAILABLE ON USDAVOCADO.COM

 

WELCOME TO ATELIER LUXURY GROUP, LLC’S (“AMIRI” OR “COMPANY”) PRIVACY POLICY. 

USDAVOCADO RESPECTS YOUR PRIVACY AND IS COMMITTED TO PROTECTING YOUR PERSONAL DATA. THIS PRIVACY POLICY WILL INFORM YOU AS TO HOW WE LOOK AFTER YOUR PERSONAL DATA WHEN YOU VISIT OUR WEBSITE (REGARDLESS OF WHERE YOU VISIT IT FROM) AND TELL YOU ABOUT YOUR PRIVACY RIGHTS AND HOW THE LAW PROTECTS YOU. 

THIS PRIVACY POLICY IS PROVIDED IN A LAYERED FORMAT SO YOU CAN CLICK THROUGH TO THE SPECIFIC AREAS SET OUT BELOW.  PLEASE ALSO USE THE GLOSSARY TO UNDERSTAND THE MEANING OF SOME OF THE TERMS USED IN THIS PRIVACY POLICY. 

IMPORTANT INFORMATION AND WHO WE ARE

1. PURPOSE OF THIS PRIVACY POLICY.

THIS PRIVACY POLICY PROVIDES INFORMATION ON HOW USDAVOCADO COLLECTS AND PROCESSES YOUR PERSONAL DATA THROUGH YOUR USE OF THIS WEBSITE, INCLUDING ANY DATA YOU MAY PROVIDE THROUGH THIS WEBSITE WHEN YOU SIGN UP TO OUR NEWSLETTER OR ORDER A PRODUCT OR PURCHASE A PRODUCT.

THIS WEBSITE IS NOT INTENDED FOR CHILDREN AND WE DO NOT KNOWINGLY COLLECT DATA RELATING TO CHILDREN.

IT IS IMPORTANT THAT YOU READ THIS PRIVACY POLICY TOGETHER WITH ANY OTHER PRIVACY POLICY OR FAIR PROCESSING POLICY WE MAY PROVIDE ON SPECIFIC OCCASIONS WHEN WE ARE COLLECTING OR PROCESSING PERSONAL DATA ABOUT YOU SO THAT YOU ARE FULLY AWARE OF HOW AND WHY WE ARE USING YOUR DATA. THIS PRIVACY POLICY SUPPLEMENTS OTHER NOTICES AND PRIVACY POLICIES AND IS NOT INTENDED TO OVERRIDE THEM.

1. CONTROLLER

USDAVOCADO LLC IS THE CONTROLLER AND RESPONSIBLE FOR YOUR PERSONAL DATA (REFERRED TO AS “USDAVOCADO” AND ”COMPANY”, “WE”, “US” OR “OUR” IN THIS PRIVACY POLICY). 

WE HAVE APPOINTED DATA PRIVACY MANAGER WHO IS RESPONSIBLE FOR OVERSEEING QUESTIONS IN RELATION TO THIS PRIVACY POLICY. IF YOU HAVE ANY QUESTIONS ABOUT THIS PRIVACY POLICY, INCLUDING ANY REQUESTS TO EXERCISE YOUR LEGAL RIGHTS, PLEASE CONTACT THE DATA PRIVACY MANAGER USING THE DETAILS SET OUT BELOW.

1. CONTACT DETAILS

IF YOU HAVE ANY QUESTIONS ABOUT THIS PRIVACY POLICY OR OUR PRIVACY PRACTICES, PLEASE CONTACT OUR DATA PRIVACY MANAGER IN THE FOLLOWING WAYS:

EMAIL ADDRESS: [email protected]

YOU HAVE THE RIGHT TO MAKE A COMPLAINT AT ANY TIME TO THE INFORMATION COMMISSIONER’S OFFICE (ICO), THE UK SUPERVISORY AUTHORITY FOR DATA PROTECTION ISSUES (WWW.ICO.ORG.UK). WE WOULD, HOWEVER, APPRECIATE THE CHANCE TO DEAL WITH YOUR CONCERNS BEFORE YOU APPROACH THE ICO SO PLEASE CONTACT US IN THE FIRST INSTANCE. 

1. CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

WE KEEP OUR PRIVACY POLICY UNDER REGULAR REVIEW.  THIS VERSION WAS LAST UPDATED ON NOVEMBER 15, 2020.   HISTORIC VERSIONS CAN BE OBTAINED BY CONTACTING US.

IT IS IMPORTANT THAT THE PERSONAL DATA WE HOLD ABOUT YOU IS ACCURATE AND CURRENT. PLEASE KEEP US INFORMED IF YOUR PERSONAL DATA CHANGES DURING YOUR RELATIONSHIP WITH US.

1. THIRD-PARTY LINKS

THIS WEBSITE MAY INCLUDE LINKS TO THIRD-PARTY WEBSITES, PLUG-INS AND APPLICATIONS. CLICKING ON THOSE LINKS OR ENABLING THOSE CONNECTIONS MAY ALLOW THIRD PARTIES TO COLLECT OR SHARE DATA ABOUT YOU. WE DO NOT CONTROL THESE THIRD-PARTY WEBSITES AND ARE NOT RESPONSIBLE FOR THEIR PRIVACY STATEMENTS. WHEN YOU LEAVE OUR WEBSITE, WE ENCOURAGE YOU TO READ THE PRIVACY POLICY OF EVERY WEBSITE YOU VISIT.

2. THE DATA WE COLLECT ABOUT YOU

PERSONAL DATA, OR PERSONAL INFORMATION, MEANS ANY INFORMATION ABOUT AN INDIVIDUAL FROM WHICH THAT PERSON CAN BE IDENTIFIED. IT DOES NOT INCLUDE DATA WHERE THE IDENTITY HAS BEEN REMOVED (ANONYMOUS DATA).

WE MAY COLLECT, USE, STORE AND TRANSFER DIFFERENT KINDS OF PERSONAL DATA ABOUT YOU WHICH WE HAVE GROUPED TOGETHER AS FOLLOWS:

• IDENTITY DATA INCLUDES FIRST NAME, MAIDEN NAME, LAST NAME, USERNAME OR SIMILAR IDENTIFIER, DATE OF BIRTH AND GENDER.
• CONTACT DATA INCLUDES BILLING ADDRESS, DELIVERY ADDRESS, EMAIL ADDRESS AND TELEPHONE NUMBER.
• FINANCIAL DATA INCLUDES PAYMENT CARD AND PAYPAL DETAILS.
• TRANSACTION DATA INCLUDES DETAILS ABOUT PAYMENTS TO AND FROM YOU AND OTHER DETAILS OF PRODUCTS AND SERVICES YOU HAVE PURCHASED FROM US.
• TECHNICAL DATA INCLUDES INTERNET PROTOCOL (IP) ADDRESS, LOCATION DATA, YOUR LOGIN DATA, BROWSER TYPE AND VERSION, TIME ZONE SETTING AND LOCATION, BROWSER PLUG-IN TYPES AND VERSIONS, OPERATING SYSTEM AND PLATFORM, AND OTHER TECHNOLOGY ON THE DEVICES YOU USE TO ACCESS THIS WEBSITE.
• PROFILE DATA INCLUDES YOUR USERNAME AND PASSWORD, PURCHASES OR ORDERS MADE BY YOU, PREFERENCES, AND FEEDBACK.
• USAGE DATA INCLUDES INFORMATION ABOUT HOW YOU USE OUR WEBSITE, PRODUCTS AND SERVICES.
• MARKETING AND COMMUNICATIONS DATA INCLUDES YOUR PREFERENCES IN RECEIVING MARKETING FROM US AND YOUR COMMUNICATION PREFERENCES.

WE ALSO COLLECT, USE AND SHARE AGGREGATED DATA SUCH AS STATISTICAL OR DEMOGRAPHIC DATA FOR ANY PURPOSE. AGGREGATED DATA COULD BE DERIVED FROM YOUR PERSONAL DATA BUT IS NOT CONSIDERED PERSONAL DATA IN LAW AS THIS DATA WILL NOT DIRECTLY OR INDIRECTLY REVEAL YOUR IDENTITY. FOR EXAMPLE, WE MAY AGGREGATE YOUR USAGE DATA TO CALCULATE THE PERCENTAGE OF USERS ACCESSING A SPECIFIC WEBSITE FEATURE. HOWEVER, IF WE COMBINE OR CONNECT AGGREGATED DATA WITH YOUR PERSONAL DATA SO THAT IT CAN DIRECTLY OR INDIRECTLY IDENTIFY YOU, WE TREAT THE COMBINED DATA AS PERSONAL DATA WHICH WILL BE USED IN ACCORDANCE WITH THIS PRIVACY POLICY.

WE DO NOT COLLECT ANY SPECIAL CATEGORIES OF PERSONAL DATA ABOUT YOU (THIS INCLUDES DETAILS ABOUT YOUR RACE OR ETHNICITY, RELIGIOUS OR PHILOSOPHICAL BELIEFS, SEX LIFE, SEXUAL ORIENTATION, POLITICAL OPINIONS, TRADE UNION MEMBERSHIP, INFORMATION ABOUT YOUR HEALTH, AND GENETIC AND BIOMETRIC DATA). NOR DO WE COLLECT ANY INFORMATION ABOUT CRIMINAL CONVICTIONS AND OFFENCES.

1. IF YOU FAIL TO PROVIDE PERSONAL DATA

WHERE WE NEED TO COLLECT PERSONAL DATA BY LAW, OR UNDER THE TERMS OF A CONTRACT WE HAVE WITH YOU, AND YOU FAIL TO PROVIDE THAT DATA WHEN REQUESTED, WE MAY NOT BE ABLE TO PERFORM THE CONTRACT WE HAVE OR ARE TRYING TO ENTER INTO WITH YOU (FOR EXAMPLE, TO PROVIDE YOU WITH GOODS OR SERVICES). IN THIS CASE, WE MAY HAVE TO CANCEL A PRODUCT OR SERVICE YOU HAVE WITH US BUT WE WILL NOTIFY YOU IF THIS IS THE CASE AT THE TIME.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

WE USE DIFFERENT METHODS TO COLLECT DATA FROM AND ABOUT YOU INCLUDING THROUGH:

• DIRECT INTERACTIONS. YOU MAY GIVE US YOUR IDENTITY, CONTACT AND FINANCIAL DATA BY FILLING IN FORMS OR BY CORRESPONDING WITH US BY POST, PHONE, EMAIL OR OTHERWISE. THIS INCLUDES PERSONAL DATA YOU PROVIDE WHEN YOU:
• APPLY FOR OUR PRODUCTS OR SERVICES;
• CREATE AN ACCOUNT ON OUR WEBSITE;
• SUBSCRIBE TO OUR SERVICE OR PUBLICATIONS;
• REQUEST MARKETING TO BE SENT TO YOU;
• ENTER A COMPETITION, PROMOTION OR SURVEY; OR
• GIVE US FEEDBACK OR CONTACT US.
• AUTOMATED TECHNOLOGIES OR INTERACTIONS. AS YOU INTERACT WITH OUR WEBSITE, WE WILL AUTOMATICALLY COLLECT TECHNICAL DATA ABOUT YOUR EQUIPMENT, BROWSING ACTIONS AND PATTERNS. WE COLLECT THIS PERSONAL DATA BY USING COOKIES, SERVER LOGS AND OTHER SIMILAR TECHNOLOGIES. WE MAY ALSO RECEIVE TECHNICAL DATA ABOUT YOU IF YOU VISIT OTHER WEBSITES EMPLOYING OUR COOKIES. PLEASE SEE OUR COOKIE POLICY FOR FURTHER DETAILS.
• THIRD PARTIES OR PUBLICLY AVAILABLE SOURCES. WE WILL RECEIVE PERSONAL DATA ABOUT YOU FROM VARIOUS THIRD PARTIES AS SET OUT BELOW:

• TECHNICAL DATA FROM THE FOLLOWING PARTIES:

(A)        ANALYTICS PROVIDERS SUCH AS GOOGLE BASED OUTSIDE THE EU;

(B)        ADVERTISING NETWORKS SUCH AS FACEBOOK BUSINESS MANAGER BASED OUTSIDE THE EU; AND

(C)        SEARCH INFORMATION PROVIDERS GOOGLE ANALYTICS BASED OUTSIDE THE EU.

(D)        CONTACT, FINANCIAL AND TRANSACTION DATA FROM PROVIDERS OF TECHNICAL, PAYMENT AND DELIVERY SERVICES SUCH AS FULL CIRCLE, SHOPIFY AND SIGNIFYD BASED OUTSIDE THE EU.

4. HOW WE USE YOUR PERSONAL DATA

WE WILL ONLY USE YOUR PERSONAL DATA WHEN THE LAW ALLOWS US TO. MOST COMMONLY, WE WILL USE YOUR PERSONAL DATA IN THE FOLLOWING CIRCUMSTANCES:

• WHEN WE NEED TO PERFORM THE CONTRACT WE ARE ABOUT TO ENTER INTO OR HAVE ENTERED INTO WITH YOU.
• WHEN IT IS NECESSARY FOR OUR LEGITIMATE INTERESTS (OR THOSE OF A THIRD PARTY) AND YOUR INTERESTS AND FUNDAMENTAL RIGHTS DO NOT OVERRIDE THOSE INTERESTS.
• WHEN WE NEED TO COMPLY WITH A LEGAL OBLIGATION.

GENERALLY, WE DO NOT RELY ON CONSENT AS A LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA ALTHOUGH WE WILL GET YOUR CONSENT BEFORE SENDING THIRD PARTY DIRECT MARKETING COMMUNICATIONS TO YOU VIA EMAIL OR TEXT MESSAGE. YOU HAVE THE RIGHT TO WITHDRAW CONSENT TO MARKETING AT ANY TIME BY CONTACTING US.

1. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

WE HAVE SET OUT BELOW, IN A TABLE FORMAT, A DESCRIPTION OF ALL THE WAYS WE PLAN TO USE YOUR PERSONAL DATA, AND WHICH OF THE LEGAL BASES WE RELY ON TO DO SO. WE HAVE ALSO IDENTIFIED WHAT OUR LEGITIMATE INTERESTS ARE WHERE APPROPRIATE.

NOTE THAT WE MAY PROCESS YOUR PERSONAL DATA FOR MORE THAN ONE LAWFUL GROUND DEPENDING ON THE SPECIFIC PURPOSE FOR WHICH WE ARE USING YOUR DATA. PLEASE CONTACT US IF YOU NEED DETAILS ABOUT THE SPECIFIC LEGAL GROUND WE ARE RELYING ON TO PROCESS YOUR PERSONAL DATA WHERE MORE THAN ONE GROUND HAS BEEN SET OUT IN THE TABLE BELOW.

PURPOSE/ACTIVITY	TYPE OF DATA	LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST
TO REGISTER YOU AS A NEW CUSTOMER	(A) IDENTITY (B) CONTACT	PERFORMANCE OF A CONTRACT WITH YOU
TO PROCESS AND DELIVER YOUR ORDER INCLUDING: (A) MANAGE PAYMENTS, FEES AND CHARGES (B) COLLECT AND RECOVER MONEY OWED TO US	(A) IDENTITY (B) CONTACT (C) FINANCIAL (D) TRANSACTION (E) MARKETING AND COMMUNICATIONS	(A) PERFORMANCE OF A CONTRACT WITH YOU (B) NECESSARY FOR OUR LEGITIMATE INTERESTS (TO RECOVER DEBTS DUE TO US)
TO MANAGE OUR RELATIONSHIP WITH YOU WHICH WILL INCLUDE: (A) NOTIFYING YOU ABOUT CHANGES TO OUR TERMS OR PRIVACY POLICY (B) ASKING YOU TO LEAVE A REVIEW OR TAKE A SURVEY	(A) IDENTITY (B) CONTACT (C) PROFILE (D) MARKETING AND COMMUNICATIONS	(A) PERFORMANCE OF A CONTRACT WITH YOU (B) NECESSARY TO COMPLY WITH A LEGAL OBLIGATION (C) NECESSARY FOR OUR LEGITIMATE INTERESTS (TO KEEP OUR RECORDS UPDATED AND TO STUDY HOW CUSTOMERS USE OUR PRODUCTS/SERVICES)
TO ENABLE YOU TO PARTAKE IN A PRIZE DRAW, COMPETITION OR COMPLETE A SURVEY	(A) IDENTITY (B) CONTACT (C) PROFILE (D) USAGE (E) MARKETING AND COMMUNICATIONS	(A) PERFORMANCE OF A CONTRACT WITH YOU (B) NECESSARY FOR OUR LEGITIMATE INTERESTS (TO STUDY HOW CUSTOMERS USE OUR PRODUCTS/SERVICES, TO DEVELOP THEM AND GROW OUR BUSINESS)
TO ADMINISTER AND PROTECT OUR BUSINESS AND THIS WEBSITE (INCLUDING TROUBLESHOOTING, DATA ANALYSIS, TESTING, SYSTEM MAINTENANCE, SUPPORT, REPORTING AND HOSTING OF DATA)	(A) IDENTITY (B) CONTACT (C) TECHNICAL	(A) NECESSARY FOR OUR LEGITIMATE INTERESTS (FOR RUNNING OUR BUSINESS, PROVISION OF ADMINISTRATION AND IT SERVICES, NETWORK SECURITY, TO PREVENT FRAUD AND IN THE CONTEXT OF A BUSINESS REORGANISATION OR GROUP RESTRUCTURING EXERCISE) (B) NECESSARY TO COMPLY WITH A LEGAL OBLIGATION
TO DELIVER RELEVANT WEBSITE CONTENT AND ADVERTISEMENTS TO YOU AND MEASURE OR UNDERSTAND THE EFFECTIVENESS OF THE ADVERTISING WE SERVE TO YOU	(A) IDENTITY (B) CONTACT (C) PROFILE (D) USAGE (E) MARKETING AND COMMUNICATIONS (F) TECHNICAL	NECESSARY FOR OUR LEGITIMATE INTERESTS (TO STUDY HOW CUSTOMERS USE OUR PRODUCTS/SERVICES, TO DEVELOP THEM, TO GROW OUR BUSINESS AND TO INFORM OUR MARKETING STRATEGY)
TO USE DATA ANALYTICS TO IMPROVE OUR WEBSITE, PRODUCTS/SERVICES, MARKETING, CUSTOMER RELATIONSHIPS AND EXPERIENCES	(A) TECHNICAL (B) USAGE	NECESSARY FOR OUR LEGITIMATE INTERESTS (TO DEFINE TYPES OF CUSTOMERS FOR OUR PRODUCTS AND SERVICES, TO KEEP OUR WEBSITE UPDATED AND RELEVANT, TO DEVELOP OUR BUSINESS AND TO INFORM OUR MARKETING STRATEGY)
TO MAKE SUGGESTIONS AND RECOMMENDATIONS TO YOU ABOUT GOODS OR SERVICES THAT MAY BE OF INTEREST TO YOU	(A) IDENTITY (B) CONTACT (C) TECHNICAL (D) USAGE (E) PROFILE (F) MARKETING AND COMMUNICATIONS	NECESSARY FOR OUR LEGITIMATE INTERESTS (TO DEVELOP OUR PRODUCTS/SERVICES AND GROW OUR BUSINESS)

 

1. MARKETING

WE STRIVE TO PROVIDE YOU WITH CHOICES REGARDING CERTAIN PERSONAL DATA USES, PARTICULARLY AROUND MARKETING AND ADVERTISING.  WE HAVE ENABLED AN UNSUBSCRIBE FEATURE IN ALL OF OUR MARKETING COMMUNICATIONS.

1. PROMOTIONAL OFFERS FROM US

WE MAY USE YOUR IDENTITY, CONTACT, TECHNICAL, USAGE AND PROFILE DATA TO FORM A VIEW ON WHAT WE THINK YOU MAY WANT OR NEED, OR WHAT MAY BE OF INTEREST TO YOU. THIS IS HOW WE DECIDE WHICH PRODUCTS, SERVICES AND OFFERS MAY BE RELEVANT FOR YOU (WE CALL THIS MARKETING).

YOU WILL RECEIVE MARKETING COMMUNICATIONS FROM US IF YOU HAVE REQUESTED INFORMATION FROM US OR PURCHASED GOODS FROM US AND YOU HAVE NOT OPTED OUT OF RECEIVING THAT MARKETING.

1. THIRD-PARTY MARKETING

WE WILL GET YOUR EXPRESS OPT-IN CONSENT BEFORE WE SHARE YOUR PERSONAL DATA WITH ANY THIRD PARTY FOR MARKETING PURPOSES.

1. OPTING OUT

YOU CAN ASK US OR TO STOP SENDING YOU MARKETING MESSAGES AT ANY TIME BY FOLLOWING THE UNSUBSCRIBE LINKS ON ANY MARKETING MESSAGE SENT TO YOU OR BY CONTACTING US AT ANY TIME. 

WHERE YOU OPT OUT OF RECEIVING THESE MARKETING MESSAGES, THIS WILL NOT APPLY TO PERSONAL DATA PROVIDED TO US AS A RESULT OF [A PRODUCT/SERVICE PURCHASE, WARRANTY REGISTRATION, PRODUCT/SERVICE EXPERIENCE OR OTHER TRANSACTIONS].

1. COOKIES

SOME CONTENT OR APPLICATIONS, INCLUDING ADVERTISEMENTS, ON THE WEBSITE ARE SERVED BY THIRD-PARTIES, INCLUDING ADVERTISERS, AD NETWORKS AND SERVERS, CONTENT PROVIDERS, AND APPLICATION PROVIDERS. THESE THIRD PARTIES MAY USE COOKIES, ALONE OR IN CONJUNCTION WITH WEB BEACONS OR OTHER TRACKING TECHNOLOGIES, TO COLLECT INFORMATION ABOUT YOU WHEN YOU USE OUR WEBSITE. THE INFORMATION THEY COLLECT MAY BE ASSOCIATED WITH YOUR PERSONAL INFORMATION OR THEY MAY COLLECT INFORMATION, INCLUDING PERSONAL INFORMATION, ABOUT YOUR ONLINE ACTIVITIES OVER TIME AND ACROSS DIFFERENT WEBSITES AND OTHER ONLINE SERVICES. THEY MAY USE THIS INFORMATION TO PROVIDE YOU WITH INTEREST-BASED (BEHAVIORAL) ADVERTISING OR OTHER TARGETED CONTENT.

 

WE DO NOT CONTROL THESE THIRD PARTIES’ TRACKING TECHNOLOGIES OR HOW THEY MAY BE USED. IF YOU HAVE ANY QUESTIONS ABOUT AN ADVERTISEMENT OR OTHER TARGETED CONTENT, YOU SHOULD CONTACT THE RESPONSIBLE PROVIDER DIRECTLY. YOU CAN SET YOUR BROWSER TO REFUSE ALL OR SOME BROWSER COOKIES, OR TO ALERT YOU WHEN WEBSITES SET OR ACCESS COOKIES. IF YOU DISABLE OR REFUSE COOKIES, PLEASE NOTE THAT SOME PARTS OF THIS WEBSITE MAY BECOME INACCESSIBLE OR NOT FUNCTION PROPERLY.

1. CHANGE OF PURPOSE

WE WILL ONLY USE YOUR PERSONAL DATA FOR THE PURPOSES FOR WHICH WE COLLECTED IT, UNLESS WE REASONABLY CONSIDER THAT WE NEED TO USE IT FOR ANOTHER REASON AND THAT REASON IS COMPATIBLE WITH THE ORIGINAL PURPOSE. IF YOU WISH TO GET AN EXPLANATION AS TO HOW THE PROCESSING FOR THE NEW PURPOSE IS COMPATIBLE WITH THE ORIGINAL PURPOSE, PLEASE CONTACT US.

IF WE NEED TO USE YOUR PERSONAL DATA FOR AN UNRELATED PURPOSE, WE WILL NOTIFY YOU AND WE WILL EXPLAIN THE LEGAL BASIS WHICH ALLOWS US TO DO SO.

PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL DATA WITHOUT YOUR KNOWLEDGE OR CONSENT, IN COMPLIANCE WITH THE ABOVE RULES, WHERE THIS IS REQUIRED OR PERMITTED BY LAW. 

5. DISCLOSURES OF YOUR PERSONAL DATA  

WE MAY SHARE YOUR PERSONAL DATA WITH THE PARTIES SET OUT BELOW FOR THE PURPOSES SET OUT IN THE TABLE ABOVE.

• INTERNAL THIRD PARTIES AS SET OUT IN THE GLOSSARY.
• EXTERNAL THIRD PARTIES AS SET OUT IN THE GLOSSARY.
• THIRD PARTIES TO WHOM WE MAY CHOOSE TO SELL, TRANSFER OR MERGE PARTS OF OUR BUSINESS OR OUR ASSETS. ALTERNATIVELY, WE MAY SEEK TO ACQUIRE OTHER BUSINESSES OR MERGE WITH THEM. IF A CHANGE HAPPENS TO OUR BUSINESS, THEN THE NEW OWNERS MAY USE YOUR PERSONAL DATA IN THE SAME WAY AS SET OUT IN THIS PRIVACY POLICY.

WE REQUIRE ALL THIRD PARTIES TO RESPECT THE SECURITY OF YOUR PERSONAL DATA AND TO TREAT IT IN ACCORDANCE WITH THE LAW. WE DO NOT ALLOW OUR THIRD-PARTY SERVICE PROVIDERS TO USE YOUR PERSONAL DATA FOR THEIR OWN PURPOSES AND ONLY PERMIT THEM TO PROCESS YOUR PERSONAL DATA FOR SPECIFIED PURPOSES AND IN ACCORDANCE WITH OUR INSTRUCTIONS.

6. INTERNATIONAL TRANSFERS

WE SHARE YOUR PERSONAL DATA WITHIN THE COMPANY. THIS WILL INVOLVE TRANSFERRING YOUR DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA).

OUR EXTERNAL THIRD PARTIES ARE BASED OUTSIDE THE EEA SO THEIR PROCESSING OF YOUR PERSONAL DATA WILL INVOLVE A TRANSFER OF DATA OUTSIDE THE EEA.

WHENEVER WE TRANSFER YOUR PERSONAL DATA OUT OF THE EEA, WE ENSURE A SIMILAR DEGREE OF PROTECTION IS AFFORDED TO IT BY ENSURING AT LEAST ONE OF THE FOLLOWING SAFEGUARDS IS IMPLEMENTED: 

• WE WILL ONLY TRANSFER YOUR PERSONAL DATA TO COUNTRIES THAT HAVE BEEN DEEMED TO PROVIDE AN ADEQUATE LEVEL OF PROTECTION FOR PERSONAL DATA BY THE EUROPEAN COMMISSION. FOR FURTHER DETAILS, SEE EUROPEAN COMMISSION: ADEQUACY OF THE PROTECTION OF PERSONAL DATA IN NON-EU COUNTRIES.
• WHERE WE USE CERTAIN SERVICE PROVIDERS, WE MAY USE SPECIFIC CONTRACTS APPROVED BY THE EUROPEAN COMMISSION WHICH GIVE PERSONAL DATA THE SAME PROTECTION IT HAS IN EUROPE. FOR FURTHER DETAILS, SEE EUROPEAN COMMISSION: MODEL CONTRACTS FOR THE TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES.
• WHERE WE USE PROVIDERS BASED IN THE US, WE MAY TRANSFER DATA TO THEM IF THEY ARE PART OF THE PRIVACY SHIELD WHICH REQUIRES THEM TO PROVIDE SIMILAR PROTECTION TO PERSONAL DATA SHARED BETWEEN EUROPE AND THE US. FOR FURTHER DETAILS, SEE EUROPEAN COMMISSION: EU-US PRIVACY SHIELD.

PLEASE CONTACT US IF YOU WANT FURTHER INFORMATION ON THE SPECIFIC MECHANISM USED BY US WHEN TRANSFERRING YOUR PERSONAL DATA OUT OF THE EEA.

7. DATA SECURITY

WE HAVE PUT IN PLACE APPROPRIATE SECURITY MEASURES TO PREVENT YOUR PERSONAL DATA FROM BEING ACCIDENTALLY LOST, USED OR ACCESSED IN AN UNAUTHORISED WAY, ALTERED OR DISCLOSED. IN ADDITION, WE LIMIT ACCESS TO YOUR PERSONAL DATA TO THOSE EMPLOYEES, AGENTS, CONTRACTORS AND OTHER THIRD PARTIES WHO HAVE A BUSINESS NEED TO KNOW. THEY WILL ONLY PROCESS YOUR PERSONAL DATA ON OUR INSTRUCTIONS AND THEY ARE SUBJECT TO A DUTY OF CONFIDENTIALITY.

WE HAVE PUT IN PLACE PROCEDURES TO DEAL WITH ANY SUSPECTED PERSONAL DATA BREACH AND WILL NOTIFY YOU AND ANY APPLICABLE REGULATOR OF A BREACH WHERE WE ARE LEGALLY REQUIRED TO DO SO.

8. DATA RETENTION

1. HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

WE WILL ONLY RETAIN YOUR PERSONAL DATA FOR AS LONG AS REASONABLY NECESSARY TO FULFIL THE PURPOSES WE COLLECTED IT FOR, INCLUDING FOR THE PURPOSES OF SATISFYING ANY LEGAL, REGULATORY, TAX, ACCOUNTING OR REPORTING REQUIREMENTS. WE MAY RETAIN YOUR PERSONAL DATA FOR A LONGER PERIOD IN THE EVENT OF A COMPLAINT OR IF WE REASONABLY BELIEVE THERE IS A PROSPECT OF LITIGATION IN RESPECT TO OUR RELATIONSHIP WITH YOU.

TO DETERMINE THE APPROPRIATE RETENTION PERIOD FOR PERSONAL DATA, WE CONSIDER THE AMOUNT, NATURE AND SENSITIVITY OF THE PERSONAL DATA, THE POTENTIAL RISK OF HARM FROM UNAUTHORISED USE OR DISCLOSURE OF YOUR PERSONAL DATA, THE PURPOSES FOR WHICH WE PROCESS YOUR PERSONAL DATA AND WHETHER WE CAN ACHIEVE THOSE PURPOSES THROUGH OTHER MEANS, AND THE APPLICABLE LEGAL, REGULATORY, TAX, ACCOUNTING OR OTHER REQUIREMENTS.

BY LAW WE HAVE TO KEEP BASIC INFORMATION ABOUT OUR CUSTOMERS (INCLUDING CONTACT, IDENTITY, FINANCIAL AND TRANSACTION DATA) FOR SIX YEARS AFTER THEY CEASE BEING CUSTOMERS FOR TAX PURPOSES.

IN SOME CIRCUMSTANCES YOU CAN ASK US TO DELETE YOUR DATA: SEE YOUR LEGAL RIGHTS BELOW FOR FURTHER INFORMATION.

IN SOME CIRCUMSTANCES WE WILL ANONYMISE YOUR PERSONAL DATA (SO THAT IT CAN NO LONGER BE ASSOCIATED WITH YOU) FOR RESEARCH OR STATISTICAL PURPOSES, IN WHICH CASE WE MAY USE THIS INFORMATION INDEFINITELY WITHOUT FURTHER NOTICE TO YOU.

1. NO FEE USUALLY REQUIRED

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. ALTERNATIVELY, WE COULD REFUSE TO COMPLY WITH YOUR REQUEST IN THESE CIRCUMSTANCES.

1. WHAT WE MAY NEED FROM YOU

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.

1. TIME LIMIT TO RESPOND

WE TRY TO RESPOND TO ALL LEGITIMATE REQUESTS WITHIN ONE MONTH. OCCASIONALLY IT COULD 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 AND KEEP YOU UPDATED.

1. LAWFUL BASIS

LEGITIMATE INTEREST MEANS THE INTEREST OF OUR BUSINESS IN CONDUCTING AND MANAGING OUR BUSINESS TO ENABLE US TO GIVE YOU THE BEST SERVICE/PRODUCT AND THE BEST AND MOST SECURE EXPERIENCE. WE MAKE SURE WE CONSIDER AND BALANCE ANY POTENTIAL IMPACT ON YOU (BOTH POSITIVE AND NEGATIVE) AND YOUR RIGHTS BEFORE WE PROCESS YOUR PERSONAL DATA FOR OUR LEGITIMATE INTERESTS. WE DO NOT USE YOUR PERSONAL DATA FOR ACTIVITIES WHERE OUR INTERESTS ARE OVERRIDDEN BY THE IMPACT ON YOU (UNLESS WE HAVE YOUR CONSENT OR ARE OTHERWISE REQUIRED OR PERMITTED TO BY LAW). YOU CAN OBTAIN FURTHER INFORMATION ABOUT HOW WE ASSESS OUR LEGITIMATE INTERESTS AGAINST ANY POTENTIAL IMPACT ON YOU IN RESPECT OF SPECIFIC ACTIVITIES BY CONTACTING US.

 CONTRACT MEANS PROCESSING YOUR DATA WHERE IT IS NECESSARY FOR THE PERFORMANCE OF A CONTRACT TO WHICH YOU ARE A PARTY OR TO TAKE STEPS AT YOUR REQUEST BEFORE ENTERING INTO SUCH A CONTRACT.

COMPLY WITH A LEGAL OBLIGATION MEANS PROCESSING YOUR PERSONAL DATA WHERE IT IS NECESSARY FOR COMPLIANCE WITH A LEGAL OBLIGATION THAT WE ARE SUBJECT TO.

1. EXTERNAL THIRD PARTIES

• SERVICE PROVIDERS [ACTING AS PROCESSORS] BASED IN THE UNITED STATES OF AMERICA WHO PROVIDE IT AND SYSTEM ADMINISTRATION SERVICES.
• PROFESSIONAL ADVISERS INCLUDING LAWYERS, BANKERS, AUDITORS AND INSURERS BASED IN THE UNITED STATES OF AMERICA WHO PROVIDE CONSULTANCY, BANKING, LEGAL, INSURANCE AND ACCOUNTING SERVICES.
• REGULATORS AND OTHER AUTHORITIES BASED IN THE UNITED STATES OF AMERICA, THE UNITED KINGDOM, OR THE EUROPEAN UNION WHO REQUIRE REPORTING OF PROCESSING ACTIVITIES IN CERTAIN CIRCUMSTANCES.
• PROVIDERS OF MARKET RESEARCH, FRAUD PREVENTION, FINANCIAL ACCOUNTING AND REPORTING, WEBSITE ANALYTICS, ORDER ENTRY AND PROCESSING, MARKETING INITIATIVES, WEBSITE DEVELOPMENT AND MANAGEMENT, AND SO ON.

1. YOUR LEGAL RIGHTS

YOU HAVE THE RIGHT TO:

• REQUEST ACCESS TO YOUR PERSONAL DATA (COMMONLY KNOWN AS A “DATA SUBJECT ACCESS REQUEST”). THIS ENABLES YOU TO RECEIVE A COPY OF THE PERSONAL DATA WE HOLD ABOUT YOU AND TO CHECK THAT WE ARE LAWFULLY PROCESSING IT.

• REQUEST CORRECTION OF THE PERSONAL DATA THAT WE HOLD ABOUT YOU. THIS ENABLES YOU TO HAVE ANY INCOMPLETE OR INACCURATE DATA WE HOLD ABOUT YOU CORRECTED, THOUGH WE MAY NEED TO VERIFY THE ACCURACY OF THE NEW DATA YOU PROVIDE TO US.

• REQUEST ERASURE OF YOUR PERSONAL DATA. THIS ENABLES YOU TO ASK US TO DELETE OR REMOVE PERSONAL DATA WHERE THERE IS NO GOOD REASON FOR US CONTINUING TO PROCESS IT. YOU ALSO HAVE THE RIGHT TO ASK US TO DELETE OR REMOVE YOUR PERSONAL DATA WHERE YOU HAVE SUCCESSFULLY EXERCISED YOUR RIGHT TO OBJECT TO PROCESSING (SEE BELOW), WHERE WE MAY HAVE PROCESSED YOUR INFORMATION UNLAWFULLY OR WHERE WE ARE REQUIRED TO ERASE YOUR PERSONAL DATA TO COMPLY WITH LOCAL LAW. NOTE, HOWEVER, THAT WE MAY NOT ALWAYS BE ABLE TO COMPLY WITH YOUR REQUEST OF ERASURE FOR SPECIFIC LEGAL REASONS WHICH WILL BE NOTIFIED TO YOU, IF APPLICABLE, AT THE TIME OF YOUR REQUEST.

• OBJECT TO PROCESSING OF YOUR PERSONAL DATA WHERE WE ARE RELYING ON A LEGITIMATE INTEREST (OR THOSE OF A THIRD PARTY) AND THERE IS SOMETHING ABOUT YOUR PARTICULAR SITUATION WHICH MAKES YOU WANT TO OBJECT TO PROCESSING ON THIS GROUND AS YOU FEEL IT IMPACTS ON YOUR FUNDAMENTAL RIGHTS AND FREEDOMS. YOU ALSO HAVE THE RIGHT TO OBJECT WHERE WE ARE PROCESSING YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES. IN SOME CASES, WE MAY DEMONSTRATE THAT WE HAVE COMPELLING LEGITIMATE GROUNDS TO PROCESS YOUR INFORMATION WHICH OVERRIDE YOUR RIGHTS AND FREEDOMS.

• REQUEST RESTRICTION OF PROCESSING OF YOUR PERSONAL DATA. THIS ENABLES YOU TO ASK US TO SUSPEND THE PROCESSING OF YOUR PERSONAL DATA IN THE FOLLOWING SCENARIOS:

• IF YOU WANT US TO ESTABLISH THE DATA’S ACCURACY.
• WHERE OUR USE OF THE DATA IS UNLAWFUL BUT YOU DO NOT WANT US TO ERASE IT.
• WHERE YOU NEED US TO HOLD THE DATA EVEN IF WE NO LONGER REQUIRE IT AS YOU NEED IT TO ESTABLISH, EXERCISE OR DEFEND LEGAL CLAIMS.
• YOU HAVE OBJECTED TO OUR USE OF YOUR DATA BUT WE NEED TO VERIFY WHETHER WE HAVE OVERRIDING LEGITIMATE GROUNDS TO USE IT.
• REQUEST THE TRANSFER OF YOUR PERSONAL DATA TO YOU OR TO A THIRD PARTY. WE WILL PROVIDE TO YOU, OR A THIRD PARTY YOU HAVE CHOSEN, YOUR PERSONAL DATA IN A STRUCTURED, COMMONLY USED, MACHINE-READABLE FORMAT. NOTE THAT THIS RIGHT ONLY APPLIES TO AUTOMATED INFORMATION WHICH YOU INITIALLY PROVIDED CONSENT FOR US TO USE OR WHERE WE USED THE INFORMATION TO PERFORM A CONTRACT WITH YOU.

WITHDRAW CONSENT AT ANY TIME WHERE WE ARE RELYING ON CONSENT TO PROCESS YOUR PERSONAL DATA. HOWEVER, THIS WILL NOT AFFECT THE LAWFULNESS OF ANY PROCESSING CARRIED OUT BEFORE YOU WITHDRAW YOUR CONSENT. IF YOU WITHDRAW YOUR CONSENT, WE MAY NOT BE ABLE TO PROVIDE CERTAIN PRODUCTS OR SERVICES TO YOU. WE WILL ADVISE YOU IF THIS IS THE CASE AT THE TIME YOU WITHDRAW YOUR CONSENT