EFFECTIVE JANUARY 1, 2015
OUR COMMITMENT TO PRIVACY
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this policy easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. In this policy, “Personal Information” is defined as data and facts about you that is collected by Smartgear-us.com (“SmartGear US”) or its affiliate websites, but does not include your IP address.
THE INFORMATION WE COLLECT
This policy applies to all information collected or submitted on the SmartGear US website, including all affiliated websites. On some pages, you can order products, make requests, submit product reviews, and register to receive materials or communications from us. The types of Personal Information collected at these pages are:
• Email address
• Phone number
• Credit/Debit card information
• Transaction Information
On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of Personal Information collected are:
• Email address
• Phone number
THE WAY WE USE INFORMATION
SmartGear US does not sell, rent or provide your "Personal Information" to third parties, except as described below. Personal Information is generally kept for SmartGear US business, which is primarily used to assist you in your current or future purchases or in analyzing sales trends.
We use your Personal Information you provide about yourself when placing an order primarily to complete that order. Personal Information from the order form is used to send orders, information about our company, and promotional material from some of our partners to our customers. Personal Information is also used to get in touch with the customer when necessary. Users may opt-out of receiving future mailings by following the directions in those mailings.
SmartGear US sometimes uses online surveys which ask visitors for Personal Information which usually includes contact information (typically the customer's email address) and demographic information (like their zip code, age, or income level). We use Personal Information gathered from our surveys to send the user promotional material from SmartGear US. SmartGear US periodically runs contests on our site in which we ask visitors for selected Personal Information such as contact information (typically the customer's email address) and demographic information (like their zip code, age, or income level). We use Personal Information gathered from our contests to send users promotional material from SmartGear US and at times, to some of our partners. The customer's Personal Information is also used to contact the visitor when necessary (i.e. when someone wins a contest.). Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences.
SmartGear US shares Personal Information with third parties in certain limited circumstances:
• We may provide Personal Information to third parties or marketers for their marketing purposes. We do not provide your entire credit card or debit card numbers to any of these third parties or marketers, but may provide the last four digits of those numbers to a third party or marketer to aid those third parties or marketers in differentiating individuals from one another.
• We may share Personal Information to the extent required by legal process or enforceable governmental request.
• We may share Personal Information with third parties to detect, prevent, or otherwise address fraud, security, or technical issues. These third parties may place and read cookies on your browsers, or may use web beacons or similar technologies to collect information in connection with the Google Trusted Merchant Program.
COOKIES AND IP ADDRESSES
SmartGear US also collects, uses, and monetizes IP Addresses. An IP Address is a convention of the Internet Protocol that identifies your "virtual" address on the internet. This IP Address is not personal to you and does not identify any of your Personal Information. All devices connected to a network have an IP Address permitting communication to and from the device. If you connect to the Internet from your computer, then you have an IP Address that looks something like this: 209.17.654.152. In the simplest possible terms, your IP Address contains no data that identifies you as a person. It is only a logical address allowing you to connect to others and others to locate your computer. We use an IP Address for a number of uses as set forth herein. We use an IP Address to help diagnose problems with our server, and to administer our Web site. The IP Address is used to help identify you and your shopping cart and to gather broad demographic information.
In addition to the disclosure of Personal Information to third parties as described above, SmartGear US may monetize or otherwise provide anonymous IP Addresses to other third parties. SmartGear US sometimes employs other companies and individuals to perform functions on our behalf. Examples of such may include hosting our website, providing marketing assistance, providing search results and links, retargeted advertising, analyzing data, etc. These third parties have access only to IP Addresses and do not have access to your Personal Information. However, as disclosed above, SmartGear US may disclose Personal Information to third parties in certain limited circumstances.
YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO CONTENT AND MATERIAL SUBMITTED BY YOU
SMARTGEAR US DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THIS WEB SITE.
OUR COMMITMENT TO DATA SECURITY
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. For example, we work to protect the security of your Personal Information during any transmission of same by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
You also have the option to access Smartgear-us.com and affiliates’ websites from your mobile or wireless device. When using your mobile device or a wireless network, the carrier or network administrator may have access to your Personal Information. For information regarding your carrier or network administrator’s treatment of your information, please consult their respective privacy policies.
Our Commitment To Children’s Privacy
Protecting the privacy of the very young is especially important. For that reason, we do not collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
OPTING OUT OF COMMUNICATIONS FROM SMARTGEAR US
There is an unsubscribe link in every email that we send. You can be removed instantly from our list by clicking it.
OPTING OUT OF HAVING OUR MARKETING PARTNER DELIVER ADS TAILORED TO YOUR WEB PREFERENCES AND USAGE PATTERNS
If you choose NOT to have our marketing partners deliver ads tailored to your Web preferences and usage patterns, you can opt out of this usage of your Personal Information by visiting the Network Advertising Initiative Opt-out Tool located at: http://www.networkadvertising.org/managing/opt_out.asp and opting out from targeted ads delivered by various marketers.
OPTING OUT OF SHARING INFORMATION WITH THIRD PARTY PARTNERS FOR MARKETING PURPOSES
If you prefer that we do not share your Personal Information with other marketers, please send us an email containing the subject line “opt out” to firstname.lastname@example.org.
Last updated: May 19, 2014
The use of SmartGear US, Inc. ("SmartGear US"), and its affiliated websites is governed by the following legal notices and conditions. By using SmartGear US and its affiliated Websites, you agree to these conditions.
Some of the links we make available to you through our website will redirect you to leave our website(s). We cannot guarantee that the hyperlinks set out on our website(s) will be accurate in any respect. Moreover, the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control. We cannot and do not monitor the websites linked to our pages on the Internet. Accordingly, we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. We believe that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. These links are provided only for your convenience, and their inclusion does not constitute or imply approval or endorsement by SmartGear US or their sites or their content.
Communications between you and SmartGear US may be done electronically. We may send you communications from us electronically, whether by e-mail, by posting notices on the website, or other electronic means. You agree that any such electronic communications are considered to be communications in writing. You should not send personal information such as addresses or credit card information by e-mail.
All content included on the website, including but not limited to text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is the property of SmartGear US or its suppliers and protected by United States and international copyright laws.
SmartGear US graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of SmartGear US in the United States and/or other countries. These trademarks and trade dress may not be used in any manner prohibited by law or prohibited by SmartGear US, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit SmartGear US. There may be other trademarks not owned by SmartGear US appearing on the website. Those trademarks are the property of their respective owners, who may or may not be affiliated with SmartGear US.
If you believe that your work has been copied by SmartGear US, then please contact SmartGear US’s Legal Department at: SmartGear US, Attn: Legal Department, PO Box 25, South Salem, NY 10590, Info@Smartgear-us.com.
LICENSE AND SITE ACCESS
SmartGear US grants you a limited license to use its websites for personal use only. You may not copy or reproduce the website, or any portion of it, without SmartGear US's express written consent. In addition, SmartGear US grants you a limited, revocable, and nonexclusive right to create a hyperlink to SmartGear US's website, so long as the link does not portray SmartGear US in a misleading, derogatory, false, or otherwise offensive manner.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SmartGear US reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you are under 18, you may not use SmartGear US without the involvement of a parent or guardian over the age of 18.
The Internet, being an open network, is not secure. If you choose to send any electronic communications to SmartGear US by means of this website (whether by means of email or posted messages on the website), you recognize the inherent risk of such an open network. SmartGear US does not, and cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, with respect to the transmission of personal information including, but not limited to, credit card information, SmartGear US makes every effort to protect that information using reasonable security measures that generally meet acceptable industry standards for security. Such personal information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions.
REVIEWS, COM*MENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post content on certain portions of SmartGear US's websites, and submit other content or information to SmartGear US, provided that the content is legal, not injurious to third parties, or otherwise objectionable, as determined by SmartGear US. You are not permitted to post or submit software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You must use your own e-mail address in submitting or posting such content. SmartGear US reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Posting content or submitting material shall grant SmartGear US the right to use and display such content pursuant to a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license. You grant SmartGear US and sublicensees the right to use the name that you submit in connection with such content, if they choose. By posting content or submitting material, you represent and warrant that you own or otherwise control all of the rights to that content or material, and that you will indemnify SmartGear US for all claims resulting from content you supply. SmartGear US has the right but not the obligation to monitor and edit or remove any activity or content. SmartGear US takes no responsibility and assumes no liability for any content posted by you or any third party.
SmartGear US prohibits copyright infringement by users of its and its affiliates websites and will remove or disable access to any content that you submit that infringes any copyright, if we are properly notified or otherwise determine that the submission is or may be infringing. Without limiting any other rights that SmartGear US may have, SmartGear US reserves the right to remove or disable access to any allegedly infringing content without notice.
Any copyright owner or its authorized agent who believes that any content infringes such owner’s copyright may submit notification to SmartGear US pursuant to the Digital Millennium Copyright Act (“DMCA”), see 17 U.S.C. § 512. The notification must contain the following: (1) a physical or electronic signature of the copyright owner or its authorized agent, (2) an identification of the copyrighted work allegedly infringed, (3) identification of the content that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient for SmartGear US to locate the content, (4) contact information for the copyright owner or its authorized agent, including address, telephone number, and (if available) an email address, (5) a statement by the copyright owner or its authorized agent that he/she has a good faith belief that the content is not authorized by the copyright owner, its authorized agent, or the law, and (6) a statement that the information contained in the notification is accurate and, under penalty of perjury, that the person submitting the notification is authorized to act by the owner of the exclusive right allegedly infringed. If we receive a proper notification, we will remove or disable access to the content (or allegedly infringing portion thereof) as required by the DMCA “safe harbor” provision, 17 U.S.C. § 512(c).
If your submission or any portion of it is removed, or access to it is disabled, and you believe that you have authorization from the copyright owner or its designated agent to make a submission or believe that your submission is otherwise non-infringing, you may submit a DMCA counter-notice to SmartGear US. The counter-notice must contain the following: (1) your physical or electronic signature, (2) information sufficient to identify the content of the submission removed or to which access was disabled and the location where it was located, (3) a statement of your good faith belief that the content was removed, or access to it was disabled, in error, (4) your name, address, telephone number, and (if available) email address, (5) a statement that you consent to jurisdiction in the State of New York, USA with respect to the dispute, and (6) a statement that you will accept service of process from the person who notified SmartGear US of the alleged infringement. If SmartGear US receives a proper counter-notice, SmartGear US will have the right to send a copy of it to the complaining party, and SmartGear US may restore or re-enable access to the submission if the complaining party does not file suit within fourteen (14) days. SmartGear US is not in a position, however, to adjudicate such disputes.
SmartGear US may terminate any user’s access to our website(s) without notice if, under appropriate circumstances, SmartGear US determines that the user is a repeat infringer.
DMCA notices and counter-notices should be submitted to SmartGear US’s designated agent for receiving such notices, which is SmartGear US's Legal Department at: Smartgear-us.com, Inc., Attn: Legal Department, ox 25, South salem, NY 10590
RISK OF LOSS, RETURNS, REFUNDS AND TITLE
All items purchased from SmartGear US are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
SmartGear US does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, SmartGear US does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
PRICING AND PRODUCT DESCRIPTIONS
SmartGear US makes every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced. In the event of a pricing error, SmartGear US shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. SmartGear US does not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by SmartGear US is not as described, your sole remedy is to return it in unused condition.
All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of SmartGear US's knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMARTGEAR US DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMARTGEAR US DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM SMARTGEAR US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMARTGEAR US WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SMARTGEAR US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SMARTGEAR US MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CLAIMS AGAINST SMARTGEAR US
If you have a claim against SmartGear US, you agree that it will be resolved by binding arbitration. This means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be conducted and governed by the New York Arbitration Act. You also agree not to bring a class action suit against SmartGear US, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.
The law of the State of New York and federal law to the extent applicable governs the use of SmartGear US sites. Any claim which qualifies to be filed in a court of law will be heard exclusively in the New York State Court, Westchester County, NY
SMARTGEAR US'S RIGHT TO AMEND AND REMOVE POLICIES
SmartGear US has the right to modify, amend or delete any policy posted on its sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.
SMARTGEAR US'S ADDRESS
ATTN: Legal Department, PO Box 25, South Salem, NY 10590, Info@Smartgear-us.com.