This Privacy Policy describes the terms of our commitment to your
privacy.
PERSONS
OR PARTIES COVERED
This Privacy Policy is intended to cover all visitors to this website,
all subscribers to lists or newsletters whether paid or
unpaid, all
members or affiliates whether paid or unpaid, and all
customers.
Persons who visit or view this website, whether intentionally or
unintentionally, whether solicited or unsolicited, are described herein
as "Visitors" and are parties to this Privacy Policy.
Subscribers
to lists or Newsletters are referred to herein as "Subscribers" and are
parties to the Privacy Policy. Persons who join an
organization
or marketing endeavor (e.g. "affiliates") promoted by this website are
called "Members" herein and are covered by this Privacy
Policy.
Finally, anyone who orders, attempts to order, or receives a product
sold (recipients) or advertised on or delivered from this website, even
at no cost, is called a "Customer" herein and is subject to this
Privacy Policy not only by passive acceptance, but by virtue of the
Terms of Use Agreement. The website, its agents, owners,
operators, and employees are referred to collectively herein as
"Website," "Site," and/or "Seller".
PERSONS
EXCLUDED FROM THIS WEBSITE ARE STILL COVERED
In the event that a person excluded from this website because of the
Terms of Use or from denial of service by the website, who nonetheless
views this site, that person remains subject to the terms of this
Privacy Policy.
PERSONS
UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE
This
website is not lawfully accessible to persons under the age of 18 or
who are otherwise covered by the provisions of the Child Online Privacy
Act of 1998 (COPA). If you are under the age of 18 you must
leave
this site immediately. Fraudulent use of this website may
make
you subject to civil or criminal sanctions.
VIEWING
AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS
OF THIS POLICY
Acceptance of the terms of this Privacy Policy is a portion of the
consideration required for your right to visit the website.
If
you do not accept these terms, you have no right to visit this site and
you are fraudulently using this site.
A
NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003
--OPPA)
It is the intent of the Privacy Policy to comply with the California
Act. Various provisions throughout this Privacy Policy
address
requirements of the act. In summary, you must presume that we
collect electronic information from all visitors. This is not
usually personally identifiable. If you purchase a product or
service via this website (and thereby become covered by the Act), the
purchase agreement allows the website to collect and archive all the
personal information you provide and to transmit and/or transfer that
personal information to third parties. There is no way you
can
modify this information and you have no right to do so. Under
the
terms of the purchase agreement, you have no right to view or receive
any information about our database. In the event that the
website, under advice of counsel agrees to divulge information, the
requesting party must submit whatever information is demanded by the
website in insure that the website is releasing information to the
correct party. Other provisions of the OPPA may exempt this
website from complying. While we take measures to ensure that
outside parties do not have access to any information we have about
you, we do not warranty that outside parties will not breach our system
and thus have access to your information. (You should know
that
merchant service providers do not allow us access to your credit card
information.) This Privacy Policy also is subject to change
without notice. You are required to read it prior to using
the
website. By interacting with the website you agree to the
terms
and conditions of the Privacy Policy. By using the website or
purchasing a product through this website, you waive the right to use
state or federal court systems to address complaints and, instead,
agree to use the American Arbitration Association located in a city and
county specified herein.
ABOUT
THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED
This website routinely collects information about its visitors,
subscribers, members, and customers. This information is
obtained
in various ways, such as:
VISITOR,
SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM 'REGISTRATION'
Registration means that the Visitor, Subscriber, Member or Customer
takes active, positive steps to communicate information to this
website. This can include pages or 'pop ups' where you
register
for a newsletter or subscribe to a mailing list; it can include your
participation in visitor surveys; it can include requesting information
from the website via email, mail, or courier; it may be from joining an
affiliate program or other membership organization, paid or unpaid; it
may be from ordering a product.
Occasionally complete credit card information may be provided to the
website via fax or a fill-in form rather than regular secure merchant
service processing. This information is kept at the highest
level
of security and is never divulged to anyone except the merchant service
provider or for the purpose of communication with the customer.
ONLINE
ORDERING
Online ordering via SSL encrypted communication provided by shopping
cart services supporting merchant service companies like Visa and
Master Card provides information to the website but does not provide
complete credit card numbers. In the process of online
ordering,
the customer may provide name, address, city, state, email address,
phone number, CVV2 (back of card) number, and, occasionally a member
password. You should consider all this information available
to
the website. This information is used to deliver the product,
but
you also approve its use for general solicitation purposes.
VISITOR
EMAIL INQUIRIES
Website visitors who wish to communicate with the website do so under
two conditions: one, they give their permission for contact
by
the website; two, they are subject to any submission provisions of the
Terms of Use, or this Privacy Policy. While your email
address
may or may not be used to solicit you, it is added to the website's
general solicitation database.
CUSTOMER
EMAIL OR TESTIMONIALS
If you are a customer and send an email to the website, or if you
communicate with the site by phone or mail, the website collects
information about your communication and by communicating with the site
you give your permission to collect, archive, retrieve, and otherwise
use any information collected as the site sees fit.
Any communication which, in its sole discretion, the site deems to be a
testimonial, may be publicized for commercial purposes.
INFORMATION
OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE
ADVERTISERS
Visitors clicking on banners or pop-ups or hyperlinked advertising,
appearing on this website must assume that information is being
collected about them. This site is not responsible for the
use of
information collected in such a fashion. Visitors must assume
that (1) information will be collected, (2) that cookies will usually
be placed on their hard drive, (3) that website does not have any
control over what happens with this information, (4) that website takes
no responsibility over the accuracy or content of advertisers, (5) that
website is not responsible for downloads from third party advertisers
that contain viruses or worms or other computer code that causes their
computer or software harm, and (6) that website assumes no
responsibility for the data that is garnered from the click itself or
that the advertiser collects.
INFORMATION
OBTAINED FROM REFERRING EMAIL OR REFERRING URLS
If you send a friend an email from this site or if you send the url or
one of our web pages to a friend, you must assume that some data is
collected about your IP address or your email address and that of your
friend. You must assume that referred emails or web pages may
appear to come from your email. You must accept fully
responsibility for referring pages or email to a friend and agree to
indemnify this site for any damage, intentional or unintentional that
results from said referrals.
INFORMATION
OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS
Unless otherwise specified in the survey, you must assume that any
information provided to the website as part of a survey in which you
participate may be used for general solicitation for commercial
purposes and that such information will be shared with joint venture
partners, affiliates, marketing organization or used by the site itself
for product design or solicitation purposes.
INFORMATION
OBTAINED FROM ELECTRONIC MEANS AND 'COOKIES'
Many websites, including this one, collect information about your
computer, your email address, your IP address. You must
assume
that your web-viewing or web-use activity is monitored, tracked, and
information collected. This information is not usually of a
personal nature, but it may help define your viewing habits and product
preferences even though the website may or may not have any idea who
you are.
"Cookies" is web jargon for bits of computer code placed on your hard
drive. Websites use this to keep you 'logged in', to keep
track
of search criteria, to monitor use, to password protect use of the site
or use of products sold by the site. Cookies can also be used
to
obtain information about your computer configuration or your use of
your computer.
Cookies can be used to electronically gather information about
you. Again, it may or may not be personal information, but it
is
information and by using this site you are expressly giving permission
to use 'cookies' and to use the information gathered from their use to
benefit you. You also give permission to collect, archive,
retrieve, and use any information collected for product design, product
offers to you, and general commercial solicitation purposes by this
site or joint venture partners, affiliates, and marketing organizations.
For more information you can view our cookies
policy.
HOW
INFORMATION MAY BE USED
The use of information as described below may or may not be how
information that is collected is customarily used by this
site.
While actual use of any information collected may be used quite
conservatively, you must assume that it is not. You must
assume
that information collected is shared with other persons or entities for
commercial purposes. While this may or may not occur, you
must
assume that it is as you make your decision whether or not to view or
interact with this website. This type of shared information
may
include your name, address, phone number, email address and buying
habits, as well as other information. This information may be
used for general commercial solicitation by this website.
INFORMATION
THAT IS NOT SHARED
Credit card information or other financial information is not usually
known to the website. However, in the event that it is made
known, that information is never revealed to anyone except to
processing authorities or law enforcement agencies. However,
the
provider of such information gives express permission to use it in
fraud investigation or for litigation.
BULLETIN
BOARDS AND PUBLIC FORUMS
Visitors, subscribers, members, or customers who use any site provided
bulletin boards or other public forums, such as chat rooms, do so at
their own risk. You may not assume that the site monitors
these
services or protects you in any manner from information you post
publicly or share with anyone else via these services.
NO
SPAM POLICY
We have a strict no spam policy. By providing to this website
information that forms the basis of communication with you, such as an
email address, you waive all rights to file complaints concerning
unsolicited email or spam from this website since, by providing such
information, you agree to receive communication from us or other
marketing organizations. However, all email communication
with
you shall contain an 'unsubscribe' link where you may notify the
website that you no longer wish to receive solicitations or information
from the website and your name and email will be removed from the
general solicitation database.
NOTICE:
When you join our membership site or purchase one of our products, you
will
be added to our email marketing list. You may receive updates
regarding your membership/purchase, and you will also receive marketing
emails promoting various other related products and services.
You
may easily unsubscribe at any time and your name and email address will
be erased from our records.
DATA
SECURITY
This website takes measures to protect its data that contains
information related to you. However, as a consideration for
viewing this site or interacting with this site in any manner, you
waive all claims of any nature against this site concerning the loss,
alteration, or misuse of information. You must assume that it
is
possible for your personal data to be obtained by others, such as
"hackers," and used in an inappropriate manner that may cause you harm
and that you agree that the site is not responsible for damages to you.
INTERNATIONAL
TRANSFERS FOR DATA SUBJECTS OUTSIDE OF THE UNITED STATES
We are a company based in the United States, but we may be subject to
the provisions of the General Data Protection Regulations (GDPR) that
protect your personal data if you are an EU data subject. For data
subjects outside of the United States (US), where we transfer your data
to third parties who are also outside of the EU, we will ensure that
certain safeguards are in place to ensure a similar degree of security
for your personal data. As such:
We may transfer your personal data to countries that the European
Commission have approved as providing an adequate level of protection
for personal data by; or
If we use US-based providers that are part of EU-US Privacy Shield, we
may transfer data to them, as they have equivalent safeguards in place;
or
Where we use certain service providers who are established outside of
the EEA, we may use specific contracts or codes of conduct or
certification mechanisms approved by the European Commission which give
personal data the same protection it has in Europe.
If none of the above safeguards is available, we will request your
explicit consent to the specific transfer when you submit the data.
If you are a data subject outside of the US and you provide us with
personal data through forms, comments, reviews, contact boxes, or other
manual methods of contacting us through our website (including
follow-up emails subsequent to these submissions), your data may be
accessed by third party data processors such as virtual assistants,
contractors, technical support, and blog contributors who are located
outside of the EU and who process data for us. Since none of the
safeguards listed above apply to some of our data processors in those
capacities, we request your explicit consent to allow these third party
data processors to process the data that you submit to us through
forms, comments, reviews, contact boxes, or other manual methods of
contacting us through our websites.
We have agreements with these processors that include safeguards for
your data, but as noted above, these processors are located in the US
or other countries with adequacy decisions or safeguards deemed
appropriate under GDPR. You must evaluate whether any possible risk of
exposure of the personal data that you submit which is not for
publication (typically your name and email address) is worth submitting
the information. If you do not consent to these risks, do not submit
information to us.
Your agreement to this privacy policy when you submit your data to us
is your explicit consent allowing these data processors to access your
data. You have the right to withdraw this consent at any time.
DATA
RETENTION
We will only retain your personal data for as long as necessary to
fulfill the purposes we collected it for, including for the purposes of
satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at
its amount, nature and sensitivity, potential risk of harm from
unauthorized use or disclosure, the processing purposes, if these can
be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about
our customers (including Contact, Identity, Financial and Transaction
Data) for seven years after they stop being customers.
In some circumstances we may anonymize your personal data for research
or statistical purposes in which case we may use this information
indefinitely without further notice to you.
YOUR
LEGAL RIGHTS IF YOU ARE AN EU DATA SUBJECT
Under data protection laws you may have rights in relation to your
personal data that include the right to request access, correction,
erasure, restriction, transfer, to object to processing, to portability
of data and (where the lawful ground of processing is consent) to
withdraw consent.
You can see more about these rights at
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
(or the data protection commission for your member state).
If you wish to exercise any of the rights set out above, please send an
email to admin@webbizdevelopers.com
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 or
refuse to comply with your request in these circumstances.
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.
We try to respond to all legitimate requests within one month.
Occasionally it may 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.
If you are not happy with any aspect of how we collect and use your
data, you have the right to complain to the supervisory authority in
your country for data protection issues. We should be grateful if you
would contact us first if you do have a complaint so that we can try to
resolve it for you.
REVISIONS
TO THIS PRIVACY POLICY WITHOUT NOTICE
This Privacy Policy is dynamic. It will continually
change.
You may not assume that it remains the same and you agree to check the
policy each time you visit the site for changes. Unless, in
the
sole opinion of the website, this policy changes so drastically as to
suggest a posted notification on the site or via email, you will
receive no notification of changes to this Privacy Policy nor, under
any circumstances, does this site promise notification. Your
continued use of this site always evidences your acceptance of the
terms this Privacy Policy or any modifications.
DISPUTES
As part of the consideration that the Website requires of the Visitor
to view, use, or interact with this site, Visitor agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM") of any
kind (whether in contract, tort or otherwise) arising out of or
relating to this purchase, this product, including solicitation issues,
privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American
Arbitration Association, which are in effect on the date a dispute is
submitted to the American Arbitration Association.
Information
about the American Arbitration Association, its rules, and its forms
are available from the American Arbitration Association, 335 Madison
Avenue, Floor 10, New York, New York, 10017-4605. Hearing
will
take place in the city or county of the Seller.
In no case shall the Visitor have the right to go to court or have a
jury trial. Visitor will not have the right to engage in
pre-trial discovery except as provided in the rules; you will not have
the right to participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will final and binding with limited rights of
appeal.
The prevailing party shall be reimbursed by the other party for any and
all costs associated with the dispute arbitration, including attorney
fees, collection fees, investigation fees, travel expenses.
JURISDICTION
AND VENUE
If any matter concerning this purchase shall be brought before a court
of law, pre- or post-arbitration, Visitor agrees to that the sole and
proper jurisdiction to be the state and city declared in the contact
information of the web owner unless otherwise here specified. In the
event that litigation is in a federal court, the proper court shall be
the closest federal court to the Seller's address.
APPLICABLE
LAW
Visitor agrees that the applicable law to be applied shall, in all
cases, be that of the state of the Website owner(s).
ADMIN CONTACT
If you have any questions about our legal policies, the practices of
this Site, or your dealings with this Site, please send an email to
admin@webbizdevelopers.com
Revised: 02/25/2020
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