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. Except as described below in the customer registration section, 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 order to 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 warrant 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.
This website routinely collects information about its visitors, subscribers, members, and customers. This information is obtained in various ways, such as:
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.
When a Customer registers, the Customer submits information which allows the Website to fulfill orders and to contact Customer if the need arises. All registration information stored on Website's servers about Customer can be accessed or modified by contacting customerservice@edgeupecommerce.com for more information. Affiliate Referral Program members and access their information by logging into their account.
When you purchase goods from us, you will receive an automated receipt by email.
We will also notify you by email if we need to clarify details about your order or if we are responding to your questions or queries.
We send out occasional email newsletters and/or mailings to our to notify them of new products, special promotions, product updates, discounts and unique offers. If you choose to receive information from us, each message will include instruction on how to "unsubscribe" from future mailings.
When a Customer makes a purchase on this Website, the Customer is transferred to the secure servers of our payment processors. This Website uses secure third party payment processors like PayPal to process credit card and debit card orders, so the Website does not have any access to Customer's credit card information.
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.
Website visitors who wish to communicate with the website do so under two conditions: 1) they give their permission for contact by the website; 2) they are subject to any 'submission' provisions of the Terms of Use, Purchase Agreement, 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.
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.
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.
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.
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 may be shared with joint venture partners, affiliates, marketing organization or used by the site itself for product design or solicitation purposes.
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.
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 is uncommon in practice, 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, email address and buying habits, as well as other information. This information may be used for general commercial solicitation by this website or shared with certain service providers in order to provide products and services to you, to verify and validate information, and to address customer service matters.
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.
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.
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 will be removed from the general solicitation database.
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 this site is not responsible for damages to you.
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 of this Privacy Policy or any modifications.
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 privacy policy or a purchase, a 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 Contra Costa County, California USA.
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; visitor 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 be 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 in arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.
If any matter concerning this policy shall be brought before a court of law, pre- or post-arbitration, Visitor agrees that the sole and proper jurisdiction shall be Contra Costa County, California USA. In the event of litigation in a federal court, the proper court shall be the closest federal court to the Seller's address.
Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of California.
LATEST UPDATE
This Privacy Policy was last updated on: May 8th, 2009
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
You may direct questions, comments or reports to:
customerservice@edgeupecommerce.com
Edge Up E Commerce PO Box 1622 San Ramon, Ca 94583 925-415-0911
© Edge Up E Commerce 2009