RIGHT TO OPT OUT
You have the right to “opt-out” of certain of our uses of your Personal Information at any time. For example, at the time you are requested to provide Personal Information on the Properties, you may have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities for their marketing purposes. (We will not share, sell or trade your Personal Information with other entities outside of FMD for our marketing purposes without your permission. See the “Do we share Personal Information and Usage Information with others?” section below for more information about our data sharing practices.) You may also make this request by visiting our unsubscribe page. You may also opt-out of FMD’s promotional e-mails at any time by clicking on an opt-out link within the e-mail you receive.
Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions, and communications with us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly.
What Information is Collected?
We may collect Personal Information from users of our Properties, for example, through such users’ activities, transactions and completion of online forms on the Properties. Such information is collected, for example, when users register or subscribe for accounts, electronic newsletters, or features on our Properties, make online purchases, enter sweepstakes and contests, complete surveys, post materials, contribute to a chat room, bulletin board, list serve, blog, wiki or other open forum that we may make available on or through our Properties, submit a comment or question to us using a “Contact Us” or similar feature on our Properties, send us an e-mail, or in any other way submit Personal Information to us via our Properties.
We may automatically collect anonymous Usage Information that does not identify an individual user (“Usage Information”). For example, each time you use the Properties we may automatically collect the type of web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to such Properties. We use this information to help us understand how people use Properties, and to enhance the products and services we offer.
We may use “cookies” to keep, and sometimes track, analytics and information about you. Cookies are small data files that are sent to your browser or related software from a web server and stored on your computer’s or mobile device’s hard drive. Cookies track where you travel on the Properties and what you look at and purchase. They may store the information in your shopping cart, wish list and/or your username and/or password. A cookie may enable us to relate your use of the Properties to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience on the Properties, to determine which areas and features of the Properties are most popular, and to make improvements and updates to enhance the Properties experience.
If you do not wish to have cookies on your system, you can set your browser preferences to refuse them or to alert you when cookies are being sent. To disable cookies, please consult your browser’s “help” section for instructions. Additionally, if you have a Flash player installed on our computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Properties or certain areas or features of the Properties including preventing you from purchasing products from the Properties.
We may use “clear GIFs” (aka “web beacons” or “pixel tags”) or similar technologies, in the Properties and/or in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a web page or message. A clear gif may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personal Information.
IP ADDRESS AND CLICKSTREAM DATA
Our server automatically collects data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that is automatically assigned to your computer by your Internet service provider whenever you are on the Internet. When you request pages from the Properties, our servers may log your IP Address, domain name, location, language preferences and other aggregate information. Our servers may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on the Properties; the website you visit after the Properties; the ads you see and/or click on; your product interests and purchases; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on the Properties or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer the Properties. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information.
HOW IS THE PERSONAL INFORMATION USED?
We will use the Personal Information you provide to the Properties, for example, to respond to your requests and to provide you with our product and service offerings. For example, we will process your orders, respond to your requests and inquiries and provide you with the products, services and features offered on or through the Properties. We may also use your Personal Information to help us develop and improve the Properties, tailor the Properties to your interests, and maintain our internal record keeping. We may match information collected from you through different means or at different times, including both Personal Information and Usage Information, and use such information along with information obtained from other sources, including third parties. In addition, we may send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies, promotions, contests and events, sponsored by us and others, that we think might interest you. FMD may offer electronic newsletters and e-mails as a service to our users. You will only receive a newsletter or promotional e-mail from FMD if you agree during your activities on or through the Properties, or using our newsletter sign up form, to receive these items. Unsubscribe instructions are included in each electronic newsletter and e-mail. You may opt-out of receiving such notices from us by following the instructions in the Right to Opt Out section above, or by submitting a request through the “Contact Us” feature on our website or Properties. We may analyze user behavior as a measure of interest in, and use of, the Properties and e-mails, both on an individual basis and in the aggregate. We may also use the Personal Information for fraud protection or credit risk reduction.
CO-SPONSORED CONTESTS, SWEEPSTAKES AND OFFERINGS
Some of our contests, sweepstakes and other offerings that we may make available on or through the Properties from time to time may be co-sponsored by another company. In those situations, unless you instruct us otherwise, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor and in accordance with any specific terms disclosed in such contest or sweepstakes. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies and in particular in accordance with any specific disclosures made to you at the time you participate in such contest or sweepstakes. We are not responsible for how our co-sponsors may use your information.
Currently, we use third party partners to provide our e-commerce solution, and we may use other third party partners to help operate the Properties and deliver our products and services. We may share your information with third party e-commerce solution partners, third-party payment providers (e.g., Visa, Mastercard and American Express), our affiliates, service providers, and other third parties that provide products or services for or through the Properties or for our business (such as Properties hosting or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, wireless device applications, and other similar service providers that use such information on our behalf). We require our service providers to maintain the confidentiality of your Personal Information.
We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, the Properties and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. Aggregate information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently or search terms you enter. Aggregate information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who visit www.faracimode.com who are 25 years of age is aggregate information that does not personally identify a specific user.
LEGALLY COMPELLED DISCLOSURES
In the event that FMD, or substantially all of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.
THIRD PARTY AD SERVERS
We may use third-party advertising companies to serve ads when you visit the Properties. If so, a list of these ad serving companies will be available here. These companies may use information (generally not including your name, address email address or telephone number) about your visits to the Properties and other websites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and clear gifs to measure advertising effectiveness. Any information that these third parties collect via cookies and clear gifs is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read these businesses’ privacy policies if you should have any concerns about how they will care for your Personal Information. If you would like more information about this practice and to know your choices about not having this information used by these companies and to opt out, see the Network Advertising Initiative’s consumer website at www.networkadvertising.org/consumer-education.
If the email address you provide to us is a wireless email address, you agree to receive messages at such address from FMD (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). You understand that your wireless carrier’s standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section above. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
YOUR ACCESS RIGHTS
You may review the Personal Information that is stored in your user account on www.faracimode.com by logging in at “My Account”, or by emailing our customer service department at email@example.com. We will send you a copy of the Personal Information we have on file in your user account (if any). You may provide us new or updated information at any time. We will endeavor to respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.
Protecting your information is a priority for FMD. FMD will take reasonable steps to protect the security and integrity of all Personal Information provided to the Properties. For example, we use industry standard Secure Socket Layer (SSL) technology to protect the security of your sensitive online transactions and we store and process your Personal Information on secured servers. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of FMD to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, FMD cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.
If you contact us by e-mail, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
You may be able to create an account on the Properties with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Properties by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify FMD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify FMD when you desire to cancel your account on the Properties. To the maximum extent permitted by applicable law, (x) we will not be responsible or liable for any loss or damage arising from your failure to comply with this provision and (y) you agree to indemnify and hold harmless FMD and other members of the FMD Family for any improper, unauthorized or illegal use of your account.
We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
With identity theft a continuing problem, it has become increasingly common for unauthorized individuals purporting to represent a legitimate company such as a bank or on-line merchant, to send e-mail messages to consumers requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the website requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as “phishing.”
If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your Properties password or credit/debit card information) via e-mail or to a website that does not seem to be affiliated with the Properties, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us by calling 1-xxx-xxx-xxxx or by submitting a report through the “Contact Us” feature on our website or Properties.
CHILDREN AND PRIVACY
FMD is concerned about the safety of children when they use the Internet. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. We will never knowingly request personally identifiable information from anyone under the age of 13 (or other age where parental consent may be required) without prior verifiable parental consent when legally required. If we become aware that a customer has registered without the legally required prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.
Information posted to message boards, chat areas, club and home pages are available to the general public. Please use caution when posting any such information. Users under the age of 18 should be particularly careful not to provide any personally identifying information while using chat rooms, message boards, or any other public forums. Users of chat areas, message boards, or any other public forums must follow acceptable standards of behavior when posting messages online. FMD reserves the right to, but is not obligated to, refuse or delete any content that in our sole discretion is considered inappropriate.
CONSENT TO PROCESSING
NOTE FOR INTERNATIONAL USERS: If you are a user located in a member state of the EEA, please be aware that the laws of the United States of America and other countries and territories may not provide legal protection of your Personal Information that is of the same level as that applicable under the laws of the EEA member state in which you are located.
THIRD PARTY “LINKED-TO” WEBSITES
If you have any questions or comments regarding our privacy practices, you may contact us by email at firstname.lastname@example.org or by submitting a request through the “Contact Us” feature on our website or Properties.
Effective Date: October 1, 2013
Rights in Materials
As between you and FMD, FMD owns the Properties, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Properties, and the look and feel, design and organization of the Properties. This includes all intellectual property and proprietary rights in these materials. When you use or download the Properties you do not acquire any ownership of any such content, code, data or materials.
The Properties are only for your personal, non-commercial use. You may not make any commercial use of the Properties, or any content, code, data or materials on the Properties, unless you have received our prior written permission.
Except as we expressly permit, you may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Properties. Doing so may violate or infringe copyright and other laws of the United States of America and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use. We will enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Properties are registered and unregistered Trademarks of FMD (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits FMD or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Properties without our prior written permission.
We will enforce our Trademark rights to the fullest extent of the law, including by seeking of criminal prosecution.
You are solely responsible for the accuracy and content of your User Information and you agree to keep it up to date.
Use of the Properties
You are responsible for your use of the Properties and for any use of Properties made using your account.
Our goal is to create a positive and safe experience when you and others use the Properties. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Properties, you may not:
o violate any law or regulation;
o violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights;
o transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or inappropriate;
o make statements or post materials that are false or misleading;
o send unsolicited or unauthorized advertising or commercial communications, such as spam;
o transmit any malicious or unsolicited software;
o stalk, harass, or harm another individual;
o impersonate or misrepresent your affiliation with someone else;
o use any means to “scrape,” “crawl,” or “spider” any web pages contained in Properties (although FMD may allow operators of public search engines to use spiders to index materials from Properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and FMD reserves the right to revoke these exceptions either generally or in specific cases);
o use automated methods to send more requests to FMD servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or
o interfere with or disrupt the Properties.
We reserve the right to refuse service and/or terminate access to the Properties without prior notice for any user who violates these policies.
User Generated Content
As between you and FMD, you own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials that you may submit, transmit or otherwise make available on or through any Properties (collectively, “User Content”). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content and the right not to have the User Content edited or changed in a way you are not happy with.
Utilizing User Content
You grant FMD and its affiliates, representatives and assigns the right to use any or all your User Content, anywhere in the world for an unlimited period of time, in connection with the Properties for any commercial or non-commercial purposes. We may exercise these rights without notice to you and without paying any compensation to you. We may modify your User Content in our discretion. FMD is not required to host, display, or distribute your User Content and we may remove or edit it at any time.
You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing promises and to make such records available to FMD upon FMD’s request.
If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content (“Feedback”), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.
Monitoring and Managing User Content
We may, but are not required to, monitor and review your User Content.
FMD does not endorse or control the User Content transmitted or posted on the Properties and therefore, we are not responsible for it. We do not guarantee the accuracy, integrity, or quality of User Content and User Content may not necessarily reflect the views of FMD.
You understand that by using the Properties, you may be exposed to User Content that is offensive, indecent or objectionable to you. We will not be liable to you in any way for any User Content, including, for example, for any errors or omissions in any User Content, or for any loss or damage of any kind experienced by you if you use or rely on any User Content made available via the Properties.
We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.
Orders for Products and Services
We may make certain products available for sale to visitors and registrants of the Properties. You may only order products if you are 18 years old or older. If you place an order, you promise that you are 18 years old or older.
You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to FMD as applicable. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
You agree that you are not permitted to resell any products purchased through or via any of the Properties for commercial purposes.
We have made every effort to display our products and their colors as accurately as possible. However, the displayed colors of the products will depend upon the technical specifications and settings of the computer and monitor of the user, and we do not guarantee that the actual colors of the products will be accurately displayed on the user’s monitor. Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.
Returns of Products
You may cancel your order and/or return the products you purchased from the Site in accordance with our Returns/Exchanges policy, which is incorporated herein by reference for all purposes. A copy of our Returns/Exchanges policy is available on the Site.
Linking; Third Party Websites
If you include a link from any other website to the Site or to any of the Properties, such link shall open in a new browser window. You agree not to link from any other website to www.Faracimode.com or to any of the Properties in any way that “frames” any of our content or that surrounds or obscures any portion of the Properties with any other content, materials or branding. We may revoke your right to link to the Properties from your website at any time upon written notice to you.
You may be able to access or use the Properties from a third-party website, Internet resource, or software application (“Linked Sites”). You may also be able access and use a Linked Site from a link available on the Properties. We have no responsibility for Linked Sites. The inclusion of any link to such Linked Sites on any of the Properties does not imply our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that site. We do not promise that the contents of any Linked Site are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.
THE PROPERTIES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED AND ALL SUCH WARRANTIES AND CONDITIONS ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WE MAKE NO WARRANTIES OR CONDITIONS WHATSOEVER REGARDING THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING: INFORMATION AND CONTENT AVAILABLE ON THE PROPERTIES; UPTIME OR UNINTERRUPTED ACCESS TO THE PROPERTIES; TITLE; NON-INFRINGEMENT; MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE PROPERTIES OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
USING THE INTERNET MAY EXPOSE YOU TO CERTAIN RISKS. WE ARE NOT RESPONSIBLE FOR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE PROPERTIES OR FROM DOWNLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PROPERTIES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE PROPERTIES IS CORRECT AND UP-TO-DATE, BUT IT MAY NOT BE. WE MAY CHANGE ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PROPERTIES.
THE FOREGOING EXCLUSIONS OF EXPRESS AND IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LOCAL LAWS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, NEITHER FMD NOR OUR AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE PROPERTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Effective Date: October 1, 2013
mailing address: #2-533 Rue De La Morenie St. WPG. MB R2H2Z4