- Information Defined
In this policy, “personal information” means any data or other information that specifically relates to an individual and that identifies, or can be used in conjunction with other reasonably available information to identify, such individual. Personal information includes, among other things, age, name, ID numbers, income, ethnic origin, or blood type; opinions, evaluations, comments, social status, or disciplinary actions; and employee files, credit records, loan records, medical records, existence of a dispute between a consumer and a merchant. “Non-personal information” means any data or other information that is not personal information.
- Information Collected
Customer consents to the following information being collected by Leveret or a third party on Leveret’s behalf in connection with Customer’s using the Site, or otherwise interacting with Leveret:
- Personal information and non-personal information in connection with (a) Customer’s creating an account on, and using, the Site (collectively “Account Data”) and (b) Customer’s purchasing a Product through the Site (collectively “Order Data”);
- Customer’s email address and all contents of any electronic communications from Customer when Customer sends an electronic communication to Leveret in connection with Customer’s using, or purchasing a Product through, the Site (collectively “Mail Data”); and
- Customer’s mobile phone number and all contents of any SMS/MMS messaging between Customer and Leveret in connection with the SMS/MMS Mobile Messaging Marketing Program (collectively “Mobile Data”).
Account Data, Order Data, Mail Data and Mobile Data are voluntarily provided by Customer to Leveret when creating an account on the Site, agreeing to accept mobile marketing messages, purchasing a Product through the Site or sending email to Leveret. Analytical Data is automatically collected when Customer uses the Site. In all instances, Leveret attempts to limit the collection of personal information to that which is necessary for the purposes identified by the Customer.
Leveret will retain Account Data, Order Data, Mail Data and Mobile Data in its primary and backup files only to an extent that is consistent with the purposes for which it was provided or as otherwise set forth in this policy.
Customer may refuse at any time to provide Account Data or Order Data when requested to do so in connection with Customer’s use of the Site. However, if Customer refuses to provide any Account Data or Order Data when requested to do so, Customer may not be able to enjoy the benefits of certain features of the Site, including purchasing the Product.
- Electronic Communications
In creating an account on the Site, Customer (a) will be given an opportunity to subscribe to newsletters from Leveret and (b) consents to Leveret’s sending email messages to Customer in connection with Customer’s purchase of a Product or use of the Site. Since Leveret endeavors to send electronic communications only to individuals desiring to receive them, Customer can unsubscribe to such electronic communications at any time by contacting Leveret as set forth in Section 18 or by following the directions contained in such electronic communications.
When Customer accesses the Site, they may receive a pop-up which allows them to subscribe to Leveret’s SMS/MMS Mobile Messaging Marketing Program. When subscribing to the SMS/MMS Mobile Messaging Marketing Program, you consent to Leveret’s sending mobile messages about its products and sales. Customer can unsubscribe to such mobile messaging at any time by contacting Leveret as set forth in Section 18.
- Analytical Data
Leveret will use commercially reasonable efforts to protect all personal information contained within Account Data, Order Data, Mobile Data and Mail Data from loss or unauthorized access, disclosure and use. However, no transmission over the Internet, or electronic storage, of data or other information is completely secure, and it is possible that Account Data, Order Data, Mobile Data or Mail Data could be lost or accessed, disclosed or used without authorization, even if commercially reasonable efforts are used to protect such data from loss or unauthorized access, disclosure or use. In providing data and other information in connection with Customer’s use of the Site, Customer must assume the risk that loss or unauthorized access, disclosure and use of such data and other information could occur. To the maximum extent permitted by applicable law, Customer waives and releases all claims against Leveret arising therefrom.
- Use and Disclosure
All Account Data, Analytical Data, Mail Data, Mobile Data and Order Data (collectively “Collected Information”) may be used by Leveret for any legitimate business purpose, unless expressly stated otherwise in this policy or in a writing signed by Leveret. If this policy, or Leveret in writing, expressly states that any Collected Information will only be used for a specific purpose, Leveret will only use it for such purpose, unless Customer subsequently consents to its being used for another purpose.
Leveret will not intentionally disclose any personal information of Customer contained within Collected Information, except that Leveret may at any time, in its sole discretion, disclose any Collected Information, whether or not such Collected Information was furnished for a specific purpose, to (a) third parties retained by Leveret (including, but not limited to, any platform providers, phone companies and other vendors of Leveret) for any purposes for which Leveret could use such Collected Information, (b) comply with, or as permitted by, any applicable law or comply with any government request, (c) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (d) protect the rights, property or legitimate business interests of Leveret or a third party, or (e) transfer such Collected Information to a third party purchasing all, or substantially all, of Leveret’s assets. Except for any Collected Information disclosed by Leveret to a third party pursuant to clause (a) of the immediately preceding sentence, Leveret will not be responsible for such third party’s handling such Collected Information in accordance with this policy.
Certain Collected Information will, by its nature, be available to any other user of the Site. For example, if you submit a review of any Product on the Site, such review may be available to all users of the Site. Any such Collected Information is not personal information.
Analytical Data will only be used by Leveret (a) to record the use of the Site by Customer’s computer, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to all customers of Leveret, and (d) for other legitimate business purposes of Leveret and companies affiliated with Leveret.
- Refusal of Services
When you complete forms online or otherwise provide information to Leveret in connection with use of the Site, purchase of Product, or otherwise, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Leveret’s sole discretion, it believes that any such information is untrue, inaccurate, or incomplete, or that the Site or services are being used for an ulterior purpose, Leveret may refuse you access to the Site or its Products and pursue any appropriate legal remedies.
- Third-Party Sites
Leveret does not make any warranty or representation to Customer with respect to any Collected Information. Without limiting the generality of the immediately preceding sentence, Leveret does not warrant or represent that any Collected Information is or will be accurate or error-free. Customer is solely responsible for the accuracy of all Account Data, Mail Data and Order Data provided by Customer.
Children under 13 years of age may not create an account or purchase any Product on the Site. However, if a parent or guardian of a child who is under 13 years of age discovers that the child’s personal information has been submitted to Leveret through the Site without the parent’s or guardian’s consent, Leveret will use commercially reasonable efforts to remove such information from the Site and Leveret’s servers at the parent’s or guardian’s request. To request the removal of personal information of a child under 13 years of age, the parent or guardian must contact Leveret as set forth in Section 18, and provide all information requested by Leveret to assist it in identifying the information to be removed.
If you use or engage with the Site and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Site, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Site, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Platform.
- Applicable Law
This policy is governed by, and construed in accordance with, the laws of the State of New York, without regard to its principles of conflict of laws.
- Access Rights
Upon your request (“Access Request”), Leveret will disclose, delete, amend or take any other action with respect to any personal information as required, or otherwise honor your rights, under Canada’s Personal Information Protection and Electronic Documents Act, or any other applicable privacy law. In addition, you have the right to contact Leveret with any questions about its policies and practices relating to the management of personal information, including data protection. In order to make such a request, you must contact Leveret as set forth in Section 18.
- Dispute Resolution
Any complaint of Customer relating to Collected Information or this policy (including, but not limited to, any claim that Leveret has failed to comply with this policy) must first be submitted to Leveret as set forth in Section 18, and Leveret must be given a reasonable opportunity of not less than 30 days to investigate and respond to such complaint. Upon Leveret’s completing such investigation and so responding, Leveret and Customer must then attempt, in good faith, to promptly resolve any remaining aspects of Customer’s complaint. If any aspect of Customer’s complaint remains unresolved after a reasonable period of time of not less than an additional 30 days, and Customer decides to pursue other remedies, Customer may, within one year after Leveret receives Customer’s initial complaint, commence litigation against Leveret in connection with the unresolved portion of such complaint only in a court located in New York City and having subject matter jurisdiction over such complaint. Customer consents to any such court being a proper venue for such complaint and waives any right to object to such court being an improper venue, whether for convenience or otherwise. If any such dispute is submitted to a court as set forth herein, Customer (a) waives any right to have a jury trial, (b) consents to all findings of fact being determined by the presiding judge, and (c) waives any right to bring or join any claim against Leveret as a member or other participant in any class action or other similar form of litigation
- Entire Agreement
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between Customer and Leveret, with respect to any Collected Information. If Customer uses the Site, such use will be subject to this policy, plus any other agreement between the parties that is applicable thereto (including, but not limited, any applicable terms of sale or use). To the extent there is any conflict or inconsistency between any provision of such other agreement and any provision of this policy, the latter shall control.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by, or invalid under, such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
Leveret may revise any provision of this policy from time to time by (a) posting the revised provision so that it is accessible to Customer on the Site, or (b) notifying Customer of the revised provision in an email message or other notice sent to Customer at the address for Customer in Leveret’s records. Any such revision will be effective immediately upon the earlier of such posting, sending such email message or five days after such notice is placed in regular mail, with postage prepaid, as set forth in this Section. Customer is responsible for periodically checking this policy on the Site for revisions to this policy. Any other revision to this Agreement must be in a writing signed by Leveret and Customer.
- Additional Information
If Customer wants to make an Access Request, has any questions or complaints, or desires additional information, regarding Leveret’s handling of personal information or non-personal information, or otherwise relating to this policy, Customer must contact Leveret at firstname.lastname@example.org.
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