Rudsak USA Inc.
Effective as of June 11, 2018
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to, collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our company or among our affiliates within the United States or internationally.
1. Information Collection and use
Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your use of the Site and to enable users to enjoy and easily navigate the Site (collectively, the “Service”).
2. Personally Identifiable Information
When you register with us through the Site, when you join our mailing list, participate in a sweepstakes or contest or any other promotion, post a product review, engage with us on our various social media platforms, or when you make a purchase via the Site, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, phone number, email address, and postal address. If you choose to make a purchase via the Site, our third party payment processor service providers may also collect billing information such as your credit card number or billing address. We use the Personal Information you provide mainly to provide the Service, create your account, to send you confirmation of your registration, to establish a relationship with you and to update you on changes to our service or products (including new promotions), to anticipate and resolve problems with your service, to process your transactions and to administer your inquiries.
In order to access additional functionality of the Site, you may be required to create an account for your use of the Service (“Account”). You may create an Account directly via the Site. When you create an Account, you will become a “Member” of the Service.
In some cases, we may also collect information you provide about others, such as when you purchase a gift for someone and request that we deliver it electronically or decide to purchase and ship products to someone. We will use this information to fulfill your requests and may also use that information to send marketing communications to your contact, unless he or she has previously opted out of marketing communications from Rudsak.
We also collect the other information that you provide as part of account registration and your use of the Service (e.g., without limitation, zip code (on its own) and individual preferences) (“Non-Identifying Information”).
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information. We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Rudsak Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Information (like your email or postal address) to contact you with marketing and promotional materials and other information that may be of interest to you (some of which may be sent by a third party service provider). If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or if you do not want us to share your Personal Information with these third party service providers, contact us at email@example.com with “Privacy” as the subject line of the email. (See “Changing or Deleting Your Information,” below.)
3. Log Data
When you visit the Site, whether as a Rudsak Member or a non-registered user just browsing (any of these, a “Rudsak User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computers Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests.
4. Cookies and Pixel Tags
We may also use “pixel tags,” “web beacons,” “clear GIFs” or similar means (individually or collectively “Pixel Tags”) in connection with our Service to collect usage, demographic and geographical location data. A Pixel Tag is an electronic image, often a single pixel that is ordinarily not visible to users and may be associated with cookies on a user’s hard drive. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns.
Identity theft and the practice currently known as “phishing” are of great concern to us. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
6. Information Sharing and Disclosure
Aggregated Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services. Any aggregated information shared in these contexts will not contain your Personal Information.
Third-Party Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, payment processors, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement. Rudsak cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Rudsak or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
Business Transfers. Rudsak may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
7. Changing or Deleting Your Information
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us or by making edits via the “My Account” section of the Site. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us at firstname.lastname@example.org with “Privacy” as the subject line of the email with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
8. Information Security
Rudsak is very concerned with safeguarding your information and take steps to protect our customers' personal information against loss, misuse, alteration and unauthorized access, but no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
9. International Transfer
Our Site is operated in the United States and intended for users located in the United States, although your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. The data protection laws in the United States may also differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States.
10. Links To Other Sites
Our Site contains links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites may follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
11. Our Policy Towards Children
This Site is not directed to persons under the age of 18. We understand the importance of protecting children’s privacy in the interactive world. We do not knowingly collect personally identifiable information from children under 13 without parental consent. If you are a child under 13 years of age, you are not permitted to use the Site and should not send any information about yourself to us through the Site. In the event that we become aware that we have collected Personal Information from any child, we will dispose of that information in accordance with the Children’s Online Privacy Protection Act of 1998. In addition, we will not disclose this information to any other companies If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at email@example.com with “Privacy” as the subject line of the email. California users under the age of 18 may request the removal of their content or information publicly posted on the Site by e-mailing us at the customer service email address identified above. Please note that some of the user content that appears on our Site is stored and controlled by third party providers; thus, complete and comprehensive removal of the content may not be possible.
12. Your California Privacy Rights
We may from time to time elect to share your Aggregated Information, Non-Identifying Information, demographic information and usage Information with third parties for those third parties’ direct marketing purposes. Under California Civil Code § 1798.83, California residents are entitled to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of personal information shared with third parties and used for direct marketing purposes and the name and address of the third parties that received such personal information. If you are a California resident and want a copy of this notice, please submit a written request to the following address (limit one request per year): [Rudsak Address], Attn: Customer Service – California Privacy Rights Notice, [Rudsak Address]. You must include your full name, email address, and postal address in your request. Please allow us thirty (30) days to respond.
13. How We Respond to Do Not Track Signals.
Rudsak does not track its users across third party websites, nor does it allow third parties to collect Personal Information on our Site. As such, our service does not respond to browser “Do Not Track” requests but several of our service providers who utilize these cookies and other tracking technologies on our Site enable you to opt out of this type of advertising.
To learn more about browser tracking signals and Do Not Track please visit (http://www.allaboutdnt.org/. Please also visit the Network Advertising Initiative (http://www.networkadvertising.org/managing/opt_out.asp) or the Digital Advertising Alliance (http://www.aboutads.info/choices/) to learn more about the use of this information by our Service Provider or to choose limited use of this information by opting out of interest-based online advertising.
14. Arbitation Agreement & Waiver of Certain Rights
YOU AND RUDSAK USA INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
15. Contacting Us