2. Information We Collect
In operating the Site, we may collect and process (i) data regarding the details of your visits to the Site and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, including your IP address, the date and time you accessed or left the Site and which pages you viewed, and (ii) information that you provide directly to us by filling in forms on the Site or when you communicate with us for any reason. In operating the Site, your personal identification information, such as name, email address and phone number may be collected, stored, and processed.
3. How We Collect Information
You directly provide us with most of the data we collect. We collect data and process data when you:
· Register online, create an account, or place an order;
· Voluntarily complete a customer survey or provide feedback on the Site or via email;
· Email, chat or otherwise communicate with us; and
· Use or view the Site via your browser’s cookies (as further discussed in Section 4 below);
The Site uses “cookies” to collect some of the information listed in Section 2 above. A cookie is a piece of data stored on a user’s hard drive to help us improve the user’s access to the Site and identify repeat visitors to our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. We do not track our users across websites or across time.
Depending on the device and the browser you are using to access the Site, you may have the option to decline cookies. Please note that should you choose to decline cookies, you may be unable to access particular sections of the Site.
5. Use and Disclosure of Your Information
We collect your data so that we can:
· Process your order and manage your account;
· Email you with special offers on products we think you might like;
· Provide our services to you in the best possible manner;
· Provide you with information relating to our products and services; and
· Monitor and conduct an analysis of the Site traffic and usage patterns.
In addition to the foregoing, we may retain and evaluate information of your recent visits to the Site for analytics purposes to understand how people use the Site so that we can make it more intuitive. We may retain your shopping history and use details of the products you have previously purchased to make suggestions to you for other products which we believe you will also be interested in. We may keep a record of the articles and product descriptions on the Site that you have clicked on and use that information to target advertising on this website to you that is relevant to your interests, which we have identified based on the articles and product descriptions you have read.
We may also disclose any of the information that we collect through the Site to third parties in the event (i) we sell any or all of our business and/or our assets to a third party, or (ii) we are legally or contractually required to disclose such information.
When we process your order, we may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.
6. Security and Storage of Data
We take precautions to protect your information. To ensure that your information is secure, we have put in place commercially reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect on the Site. Nonetheless, the transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically on the Site. Transmission of such data is therefore entirely at your own risk. We will keep the data you provide to us indefinitely unless you request that we erase your data as provided for in Section 9 below.
We would like to send you information about products and services of ours that we think you might like. If you have agreed to receive marketing information, you may always opt out at a later date. You have the right to stop us from contacting you for marketing purposes. If you no longer wish to be contacted for marketing purposes, please contact us via the email address, phone number, or mailing address given on the Site.
8. Third Party Website and Interaction/Links
The Site contains links to other websites. By accessing other third party websites or applications through the Site, you are consenting to the terms and privacy policies of those websites. We do not accept any responsibility or liability for the content or privacy policies of third party websites whatsoever as we have no control over them.
9. What are Your Data Protection Rights?
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
· The right to access – You have the right to request us to provide you with copies of your personal data. We may charge you a small fee for this service.
· The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete information you believe is incomplete.
· The right to erasure – You have the right to request that we erase your personal data, under certain circumstances.
· The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
· The right to object to processing – you have the right to object to us processing your personal data, under certain conditions.
· The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us via the email address, phone number, or mailing address given on the Site.
10. Users Only of Legal Age of Majority
The Site is designed and intended for those who have reached the age of majority (18 years of age). By using the Site, you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age.
No one under age 13 is authorized to submit any information, including personally identifying information, on the Site. Under no circumstances may anyone under age 13 use the Site. Parents or legal guardians of children under 13 cannot agree to these terms on their behalf.
11. How to Contact the Appropriate Authority (GDPR Compliance Only)
Should you wish to report a complaint under the General Data Protection Regulation (GDPR) or if you feel that we have not addressed your concerns regarding our compliance with the GDPR in a satisfactory manner, you may contact the Information Commissioner’s Office via the email address, phone number, or mailing address provided on the following website: https://ico.org.uk/.
12. Contacting Us
TEXT MESSAGES TERMS & CONDITIONS
UPDATED – July 1, 2020
VIETRI Messaging Terms & Conditions
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from VIETRI, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. VIETRI reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. VIETRI also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. VIETRI, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that VIETRI and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from VIETRI through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email firstname.lastname@example.org.
This message program is a service of VIETRI, located at 343 Elizabeth Brady Rd,, Hillsborough, North Carolina 27278.
- General. In the interest of resolving disputes between you and VIETRI in the most expedient and cost effective manner, you and VIETRI agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from VIETRI or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from VIETRI or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND VIETRI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or VIETRI to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and VIETRI will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting VIETRI. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or VIETRI intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). VIETRI address for Notice is: 343 Elizabeth Brady Rd,, Hillsborough, North Carolina 27278, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and VIETRI will make good faith efforts to resolve the claim directly, but if you and VIETRI do not reach an agreement to do so within 30 days after the Notice is received, you or VIETRI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or VIETRI must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, VIETRI will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse VIETRI for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and VIETRI agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or VIETRI made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND VIETRI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and VIETRI agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if VIETRI makes any future change to this arbitration provision, other than a change to VIETRI address for Notice, you may reject the change by sending us written notice within 30 days of the change to VIETRI address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and VIETRI.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.