IMPORTANT NOTICE! THIS POLICY SHALL GOVERN YOUR USE OF THIS SITE, AS PRODUCED AND PROVIDED BY THE COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE GOVERNING TERMS. THESE TERMS MAY BE SUBJECT TO CHANGE AT ANY TIME IN THE DISCRETION OF THE COMPANY. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE INCLUDED CHANGES. PLEASE FREQUENTLY CONSULT THESE POLICIES FOR UPDATES.
ALL USERS OF THIS SITE MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO ACCESS THIS WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED BY THIS WEBSITE IS SUBJECT TO THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 (COPPA).
To access this Site and its resources, you may be required to provide specific registration details or other pertinent information. It is a condition of your use of this Site that all the information you provide to the Company to be complete correct, and current. If the Company believes the information you provide is not complete, correct, and current, the Company retains the right to refuse you, the User, access to this Site and/or any of its resources, and to terminate or suspend your access at any time, without notice.
Section 1: Information Collection and Use
1.1 Information Collection
The Company shall be the sole owner of the information collected on the Site. Personal Identifiable Information (hereinafter “Personal Data”) is any information that may be used to adequately identify a specific individual, including but not limited to, name, email address, home address, telephone number, and payment solution information. We may, at our discretion as need dictates, obtain Personal Data from reputable third parties.
To fully access and use the Company Site and services, a User must first complete the registration process. The User agrees to provide truthful and accurate information, a unique identifier, and financial information (a payment solution, such as credit card information, billing address, etc.). The Company may use this information to contact the User about services on our Site for which the User has implied an interest and to provide services selected by and/or billed to the User.
The Company stores information collected through User-inputted data, cookies, log files, and third-party services to create a profile of our Users. A profile is securely stored information of a User’s Personal Data so as to maintain and/or improve the User’s access and use of the Site. The profile is used to customize a User’s visit to the Site and to potentially direct important marketing promotions and other services to said User. The Company does not share elements of your profile with any other third parties in the absence of your approval.
1.4 Log Files
Just as most websites do, our servers use log files to analyze trends, administer the Site, track User movement in the aggregate, and gather broad demographic information for aggregate use. Captured IP addresses, time/date stamps, etc. may be linked to a User’s activity profile.
A cookie is merely a piece of data stored on the User’s computer tied to information about the User. Usage of a cookie is in no way linked to any personally identifiable information while on the Site. The Company may use both session ID cookies and persistent cookies. For the session ID cookie, once the User closes the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the User’s hard-drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. By setting a cookie on our Site, we are able to automate certain features and/or better provide information commonly accessed by a User, thus improving the user’s interaction with the Site. If Users reject the cookie, they may still use our Site with limited or inconsistent use and access to some services and areas of our Site. Persistent cookies enable the Company to track and target the interests of Users to enhance the experience on our Site.
1.6 Clear Gifs
Clear gifs are merely harmless tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Users. Compared to cookies, clear gifs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear gifs are not tied to a Users’ personally identifiable information. The Company may also use clear gifs in HTML-based emails for the purpose of tracking emails that have been opened by the recipient. Such monitoring helps to gauge the effectiveness of certain communications and to document use of marketing services, news, and other information from the Company.
Section 2: Communications from the Site
2.1 Customer Service
The Company endeavors to communicate with its customers on a regular basis so to provide requested marketing or support or other services and regarding issues relating to their accounts. The Company may reply to all inquiries via email or telephone, with a good faith effort to accommodate a Customers’ preferred method of communication.
2.2 Special Offers and Updates
The Company may send to all new registered Users a welcoming email to verify the User’s contact information and password. Existing User’s may occasionally receive emails containing information about the Company, product and/or service related announcements, information about third party services that may to be of interest to some Users, and to obtain input from customer satisfaction or support surveys.
2.3 Service Announcements
On occasion, it is necessary to send out a strictly service-related announcement. For instance, if our Service is temporarily suspended for maintenance, or if new products or services become available, or if substantial changes are made to any of the Company governing policies, etc., the Company may contact any or all registered Users by email. Users may not opt-out of these communications, though they can deactivate their account.
Section 3: Sharing
3.1 Legal Disclaimer
The Company will make good faith efforts to preserve the privacy of a User. If required by law or if the Company has a good faith belief that such action is necessary to comply with a judicial proceeding or administrative hearing, the Company may disclose Personal Data to qualified recipients, such as but not limited to, law enforcement, other
government agencies, or third parties in response to criminal or civil investigations and/or subpoenas. If the Company receives an official request to disclose Personal Data of a User, the Company will notify the User of such a request by sending the notification to the email address or telephone number of record to the User’s account profile. For this reason, all Users are strongly urged to maintain and update current contact information within their Company account profile.
3.2 Third Party Intermediaries
The Company may use an outside payment solution processing company to bill customers for the sale of products and services. Approved processing companies will have contracted with the Company not to retain, share, store or use personally identifiable information for any secondary purposes.
3.3 Aggregate Information
The Company may share aggregated demographic information with approved partners and/or contracted advertisers. Aggregate Information is not linked to any personally identifiable information.
3.4 Collected Information
The Company may use trusted agents or independent contractors to help provide operational or support services to our Users, such as, but not limited to, helping to conduct a program, monitor website efficiency, or sending prizes or material to customers. In these cases, the Company will contractually require an agent or contractor to keep the information confidential in strict compliance with our Policy and to use it only for the specific services they are authorized to perform.
At points where the Company will ask for personal information, Users are always given the opportunity to ‘opt-out’ from having their information used for purposes not directly related to the Site. This ‘opt-out’ option is provided so that Users can make an informed choice whether they should proceed with services that require an outside party.
3.6 Business Transactions
Should the Company enter into or complete a business transaction (such as a merger, being acquired by another company, or selling a portion of its assets), all pertinent User information may be part of the assets transferred in said transaction. If, because of a business transaction, a User’s personally identifiable information will be used in a manner different from that stated at the time of data collection, Users will be given a choice not to have their information used in this different manner, as described in the ‘Notification of Changes’ in Section 6.4 stated herein.
On occasion, the Company may provide Users with a survey. Participation in these surveys is voluntary. The survey may request information that typically includes contact information and demographic information, these including name, address, and a postal mail code (i.e. ZIP code). Survey data will be used for purposes of maintaining and improving the use and satisfaction of the Company’s service offerings. Information obtained from surveys will remain internal to the Company and will not be released to third parties unless we give prior notice with a choice to opt-out of such releases. The Company may use an intermediary to conduct surveys but said intermediary will not be allowed to use any personally identifiable information obtained from the Company customers, or Users, in any way contrary to the contracted services between the Company and the contracted intermediary.
Section 4: Security
The Company takes precaution to protect User information. When Users submit sensitive information via the Site, their information is protected both online and off-line. When our registration/order forms ask Users to enter sensitive information (such as credit card number, billing information, etc.), that information is encrypted and is protected using industry standard encryption software (128-bit secure socket layer protocols, or SSL). While we use SSL encryption protocols to protect sensitive information online, we also employ security measures to protect User information off-line. All User information, not just the sensitive information mentioned above, is protected by restricted access within our offices. Only authorized employees who need the information to perform a specific task are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment.
4.2 Message Boards, Blogs, Chat Rooms, and Other User-based Forums of the Company
It is a fact that posting information to message boards, blogs, chat rooms, and other User-based forums can become public information. As such, all Users should exercise extreme caution with posting information to such venues.
Users under the age of 18 should be especially careful not to provide any personally identifiable information when participating in any area of the Site where postings might become viewable by the public.
4.3 Data Security Disclaimer
The Company takes reasonable security precautions to secure the Personal Data that Users choose to provide against the loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. As such, it may be possible for third parties not under the control of the Company to intercept or access transmissions or private communications unlawfully. While the Company strives to protect all Personal Data, we cannot ensure or warrant the security of any Personal Data the User may transmit to the Company. All such transmissions are done at the sole risk of the providing User. If you believe that your interaction with the Company is no longer secure, please notify the Company Legal department immediately at [email protected]
Section 5: Indemnity
You, the User, agree to indemnify and hold the Company, its agents, employees, officers, directors, affiliates, content providers, consultants, licensors, service providers, and subsidiaries (hereinafter “Indemnified Parties”) harmless from any breach of this Policy by you, including any use of Content other than as expressly authorized by this Policy. You, the User, agree that the Indemnified Parties shall bear no liability for any such breach or unauthorized use. You, the User, further agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You, the User, shall also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third-parties arising out of your use of the information and/or Content accessed from this Site.
Section 6: Jurisdiction
This Policy shall be governed and interpreted pursuant to the laws of the state of Texas, United States of America, notwithstanding any principles of conflicts of law. You, the User, specifically consent to personal jurisdiction in Texas in relation to any dispute between you and the Company arising out of this Policy or pertaining to the subject matter hereof. All parties to this Policy each agree that the exclusive venue for any dispute between the parties arising out of this Policy or pertaining to the subject matter of this Policy shall be in the state and/or federal courts in Texas.
Section 7: General Information
7.1 Information Supplementation
7.2 Correcting, Deactivating, Deleting, and/or Updating Personal Information
Should a User’s personally identifiable information change (such as telephone, email or postal mailing address), or if a Customer no longer desires access to and use of products and/or the Company products and/or services, the Company shall provide a method to correct, update, or delete/deactivate such personally identifiable information. However, incorrect modification or deletion of vital information may have an adverse effect on the uses of the User’s personal the Company account and Site.
7.3 Applicable Law
The Company Site is controlled and operated from within the United States of America. The Site is not intended to subject the Company to the laws or jurisdictions of any state, country, or territory other than that of the United States of America. The Company does not represent or warrant that the Site is appropriate for use in any particular jurisdiction. Users choosing to access the Site do so at their own initiative and are responsible for complying with all local laws, rules, and regulations.
7.4 Notification of Changes
If, however, the Company uses personally identifiable information in a manner different from that stated at the time of collection, the Company will notify the User via email. If the User objects to the use of the information, they should opt-out of all communication with the Site, or delete/deactivate their Company account.
7.5 Contact Information
NuCannaCo Systems, Inc. P. O. Box 701806
Dallas, TX 75370-1806