Air Oasis Limited Warranty
Warranty claims are fulfilled with new or reconditioned products. Our non-transferable warranty may be claimed by the original buyer of our products or the original purchaser from an authorized Air Oasis reseller. Replacement parts such as bulbs, AHPCO cells, and filters are not warrantied. The Bi-Polar 2400 has a 5-year warranty and the nano Induct has a lifetime warranty. The nano Induct AHPCO cell must be replaced every two years to maintain the lifetime warranty. Abuse, misuse, or improper installation will void the warranty. It is recommended that whole-house purifiers are installed by licensed contractors. Air Oasis’ liability for damages, costs, or expenses shall be limited to purchase price, excluding fees, taxes, duties, and other additional costs. Air Oasis shall not be liable for direct, indirect, consequential, or incidental damages arising out of the use or inability to use this product. The Air Oasis warranty covers defects in materials and workmanship only when the product has been used under normal operating conditions and has been properly maintained. This warranty excludes accidents, abuse, alteration, misuse, the use of voltages other than indicated for our products. Regular maintenance per the owner’s manual is required to maintain warranty coverage. The warranty on discontinued products will automatically transition to a two-year warranty rather than what may be stated elsewhere.
Terms & Conditions
This Terms and Conditions (“Terms or Agreement”) governs your use of Air Oasis’s (the “Company”, “We”, “Our”, or “Us”) services, products and our platforms, including airoasis.com and any sub-domains or related domains (“the Site”, “the Service”, “Services”, “Us”, “We,” “Our”, “Company”, “Website”).
The information provided on this website is for general informational purposes only and is not a substitute for professional medical advice. Neither the information nor any Air Oasis products are intended to diagnose, treat, or cure any disease or illness.
Quantified results from use of Air Oasis products listed on this website are based on testing conducted in a controlled laboratory environment. Actual results may vary and can be affected by variables such as ventilation, natural air flow, and humidity levels.
By accessing or using our Site, purchasing any products, or using our Services you signify that you have read, understand and agree to be bound by these Terms and Conditions (“Terms” or “Agreement”), regardless of whether you are a registered user of the Site or place an order. By visiting our Site, purchasing any of our products, or signing up for any of our services, you engage in our Services (the “Service”, “Services”). These Terms and Conditions apply to all users of the Site, including browsers. As used herein, “You, “User” or “Users” means anyone who accesses and/or uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
This is a legal agreement between You and Air Oasis LLC. You should carefully read this agreement. YOU MAY NOT USE OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.
These Terms and Conditions were last updated on April 8, 2021.
Section 1 – Eligibility.
Users must be at least 18 years of age and able to form legally binding contracts to access the Site and use the Services. If you are below this age of consent or otherwise unable to form legally binding contracts to use online services, you may not access the Site or use the Services.
Section 2 – Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.
2.2. Any new features, services or products which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.
2.3 We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure or the addition of fee-based services. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms and Conditions.
Section 3 – Usage Rules.
You agree that the Site would be irreparably harmed by the use, by You or others, of the Site or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of this Agreement, and that the Company is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). The Company reserves the right to block, filter or delete unsolicited email, postings or messages.
When communicating directly with members of our team, you agree to be respectful and kind. If we feel that your behavior towards any of our team members is at any time threatening or offensive, we reserve the right to immediately terminate your access to our services.
You agree to be responsible for any damages resulting from your breach of this Agreement and reimburse us for all of costs, expenses and fees (including all attorney’s fees) arising from or relating to your breach.
Section 4 – Purchases.
If you wish to purchase any products or services through Our Site, You will be required to supply certain information applicable to your purchase, including, without limitation, payment and other information. All information that you provide to us or our third-party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Purchases on our site are paid cash in advance, paid online as part of your purchase transaction. If, for any reason, your credit card company refuses to pay the amount billed for a product or service, you agree to pay the balance due or overdue amount by other means acceptable to us.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Sales greater than $3,500 in value are final and not subject to the 30-day return policy.
Section 5- Third Party Sites and Information
This site may link you to other sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Section 6 – Intellectual Property.
The information and other content available through the Service is the property of the Company and others and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purpose whatsoever without the prior written consent of the Company. All copyrights and other intellectual property rights in the Site, including without limitation all software and written and graphical content included in the Site, are owned by the Company. Air Oasis and the Air Oasis logos, and any other marks used on the Site are trademarks of Air Oasis LLC. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
Section 7 – User Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (at the contact information identified in Section 17) immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed’
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing;
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated in Section 17 below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Section 8 – Disclaimers; Limitations; Waivers of Liability.
8.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AIR OASIS PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE AIR OASIS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE AIR OASIS PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT THE COMPANY HAS PAID TO YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
8.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 9 – Release.
You forever release, discharge, and covenant not to sue the Air Oasis Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Air Oasis Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the Air Oasis Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
Section 10 – Indemnification.
You agree at all times to indemnify, defend and hold harmless the Air Oasis Parties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 11 – Governing Law and Dispute Resolution.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of Texas, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Randall County, Texas. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site, the Services or any of our Products, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in Randall County, Texas under the rules of the American Arbitration Association then in effect. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 12 – Severability.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 13 – Miscellaneous.
(a) Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. (b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. (c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. (d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service. (e) The section headings used in this Agreement are for convenience only and will not be given any legal import. (f) Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. (g) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. (h) Company shall be excused from any delay or failure in performance required as a part of our service if caused by reason of any occurrence or contingency beyond our reasonable control, including, but not limited to, acts of God, acts of war, acts of government, epidemic, pandemic or global health crisis, fire, ordinances or regulations, strikes, earthquakes, floods, explosions, or other acts of nature. The obligations shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption
Section 14 – Statute of Limitations.
Section 15 – Changes to this Agreement.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Section 16 – Entire Agreement.
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 17 – Contact Information.
Questions about the Terms and Conditions should be sent to us at:
3401 Airway Blvd
Amarillo, TX 79118
Email: [email protected]
What Personal Information Do We Collect?
As part of our website and services, you may be asked to provide certain information about you and we may collect information automatically through your usage. We collect personal information that you provide or input on the site, including:
- Name, address and contact information, including your phone number;
- Login details, including email address and password;
- Payment information such as your credit card number
- Information in correspondence with us
How Do We Use Your Personal Information?
Personal data you provide to the Service. We may use the personal data you provide to the Service for the following purposes:
- To set up and maintain your account with the Service;
- To communicate with you;
- To fulfill your order and process your payment
- To contact you with information that we believe will be of interest to you;
- To tailor our content and information that we may send or display to you, to offer personalized help and instructions, and to otherwise personalize your experience with our Service.
- For the purposes for which you specifically provided it including, without limitation, to enable us to process your registration, provide the Services or other requests.
- To provide features available in the Service;
- To develop, improve, and protect the Service;
- To notify you about our products, services, and special offers;
- To send you information about your relationship or transactions with us.
- For direct marketing and market research, including for example reading recommendations and targeted marketing, in accordance with applicable law;
- To use user content as part of our Service as well as advertising and marketing campaigns to promote the services
- To allow other select companies to send you promotional materials about their products and services;
- To comply with applicable legal obligations, including responding to a subpoena or court order
- To enforce our terms, conditions and policies
- To prevent and investigate fraud and other misuses; and
- To protect our rights and/or our property.
Data collected automatically. We may use the data collected automatically for the following purposes:
- To manage the Service;
- To provide features available in the Service;
- To personalize the Service. In particular, cookies may be used for providing us information on the content you’ve shared in social media after or before registering to the Service. We may use this information to provide you with advertiser content recommendations;
- To develop, improve, and protect the Service;
- For market research and data analysis, including for example reading recommendations and behavioral targeting and targeted marketing, in accordance with applicable law;
- To audit and analyze the Service; and
- To ensure the technical functionality and security of the Service.
Do We Ever Share Your Personal Information with Third-Parties?
We share the information we collect as follows:
Legal Disclosures. We may disclose a Service user’s information (including personal information) where we believe that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a warrant or administrative request, a court or regulatory order, or other valid legal processes. We may also disclose personal information where we believe it is necessary to identify, contact or bring legal action against someone who may be violating the Terms of Service for our Service, to detect fraud, for assistance with a delinquent account, as evidence in litigation in which we are involved, or to protect the safety and/or security of our users, the Service or the general public.
Affiliates and Business Partners. We may share your information with affiliated companies and business partners. However, we will not share your personal health information for any marketing purposes without your prior consent, in accordance with applicable law. When you engage in promotions or Services offered through the Site, we may partner with a business to fulfill that offer. When you accept a particular business partner’s offer, you authorize us to provide your information to that business partner.
Service Providers. We may employ independent contractors, vendors and suppliers to provide specific services related to the Service, such as hosting and maintaining the Service, providing payment processing and fraud screening, data analysis, and developing applications for the Service, email services and marketing enrichment services. We may disclose a Service user’s information to these service providers as necessary for those service providers to provide their service.
Aggregate and De-Identified Information. We may also provide aggregate, anonymous or de-identified information about users and the Service for marketing and research purposes. For example, we might inform third parties regarding the number of unique users who visit the Service, the demographic breakdown of our registered users of the Service, and the educational progress of categories of users.
What Privacy Protections are there for third-party links used on the website?
Content and information posted by the Company may contain links to other sites, including those of our business partners or affiliates. While we seek to link only to sites that share our high standards and respect for privacy and security, we are not responsible for the privacy practices used by other sites.
The Website, in line with almost every other internet-based company, utilizes cookie technology to allow the company to improve the functionality of the service and improve your user experience. Your browser or device may allow you to block or delete cookies from our site, however, this may interfere with the functionality of our Service. Cookies collect information automatically even when a user is not logged into their account. The information collected may include information about the platform and operating system you are using, your browser type and version, computer and connection information, and what time you accessed the site. This information will be collected any time you access the website unless you opt out.
What are cookies?
Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to “remember” you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as “first party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the website (“third party cookies”).
Both websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
Which cookies does The Company use?
Anytime you visit and use a The Company website, The Company or a third party places cookies in your browser. Certain cookies are specific to features or specific preferences, and certain cookies will be used all the time. Four different types of cookies are used by The Company.
Essential Cookies. These are cookies are placed in your browser by the Company and are also known as “strictly necessary” cookies. These are necessary to allow you to move around the site and use its features, such as “Save and View Favorites.”
- Analytics Cookies. Also known as “performance cookies,” analytics cookies collect information about visits to our sites and how the services we offer are being used. We use this data to make improvements and report our performance. For example, these cookies collect information about how visitors use our sites, which site the visitor came from, the number of each user’s visits and how long a user stays on the site. We might also use analytics cookies to test new ads, pages, or features to see how users react to them. Analytics cookies are primarily third-party cookies.
- Functionality Cookies. Sometimes called “preference cookies,” these first-party cookies allow us to remember information you have entered or choices you have made (such as your username, language, region, and marketing preferences) on our sites, so the next time you visit the site you will not have to set them again. These cookies also allow us to provide a better user experience on our website.
- Targeting Cookies. The Company and our advertising partners or other third-party partners may use these types of cookies, also known as “advertising cookies,” to deliver advertising and track ad performance, and enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called “behavioral” or “targeted” advertising) on our sites.
How can you manage and delete cookies?
Does the Company use any other user tracking technologies?
Technology used on the Internet is constantly changing. The company uses technology standard to the Internet, such as pixel tags, web beacons, and other similar technologies, to track visitors to our sites.
How do we respond to “Do Not Track” Signals?
Are There Any Age Restrictions for Use of the Company’s Services?
You must be at least 18 years old or older to gain access to our website or our services. This website is not intended for those who are under 18 years old. The Company does not knowingly collect any information from anyone who is under 18 years of age and does so in compliance with the Children’s Online Privacy Protection Act. This website, as well as its contents and services, is directed solely to individuals who are at least 18 years old.
If we learn we have collected Personal Data from a child under 18 without parental consent, we will delete that information, unless we are legally obligated to retain such data. If you have any reason to believe we may have unknowingly collected data from a minor under the age of 18, please immediately send us an email at [email protected].
What Rights do You have?
You have the following rights with respect to the personal data we hold about you:
- The right to know what data we hold about you: You can contact us at [email protected] to review the personal data you have provided to the Service. We seek to swiftly respond to your inquiry. We may charge a small processing fee if less than twelve (12) months has passed since your last inquiry relating to personal data we hold about you.
- The right to have incomplete, incorrect, outdated, or unnecessary personal data corrected, deleted, or updated. The easiest way to correct, delete, or update the personal data you have provided to the Service is to access your profile settings and enter the necessary changes there. If you have additional questions regarding the correction, deletion, or updating of the personal data we hold about you, please contact us at [email protected].
- The right to opt out of receiving electronic direct marketing communications from us: All electronic direct marketing communications that you may receive from us, such as e-mail messages, give you an option of not receiving such communications from us in the future. If you have any additional questions about electronic direct marketing received from us, please contact us at [email protected].
What Additional Rights Do Nevada Users Have?
Under the Nevada Privacy Law (SB220), certain Nevada residents may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
The Company does not sell your personally identifiable information. However, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing [email protected]. If our policy on selling personal identifiable information changes, we will honor your request.
What Additional Rights Do California Users Have?
The California Consumer Privacy Act provides some California residents with the additional rights listed below.
Right to Know. You have the right to know and see what data we have collected about you over the past twelve (12) months, including:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information is collected;
- The business or commercial purpose for collecting your personal information;
- The categories of third parties with whom we have shared your personal information; and
- The specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:
- Provide you with a good or service, or otherwise perform a contract between us and you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Fix our system in the case of a bug;
- Protect the free speech rights of you or other users;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
- Comply with a legal obligation; or
- Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
Other Rights. You have the right to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclose to third parties for their own direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. You also have the right not to be discriminated against for exercising any of the rights listed above.
Exercising Your California Privacy Rights. To request access to or deletion of your personal information, or to exercise any other data rights under California law, you may write to us at [email protected]. Please include your full name and email address associated with your use of our services, along with why you are writing, so that we can process your request in an efficient manner.
Response Timing and Format. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.
What Additional Rights do EAA Residents Have?
If you are resident outside the United States, including in the EEA; European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), we transfer Personal Data provided by you for processing in the United States, including Personal Information sent via e-mails or when you create an account. Under the GDPR, we are considered a “controller” and a “co-processor” of the Personal Data of EEA Residents. By providing Personal Data to us for the purpose of using the service, website or mobile application, you consent to the processing of such data in the United States. The transfer of your Personal Data to the United States is necessary for the performance of a contract between you and us for your use of the website or mobile application.
Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.
Rights of EEA Residents
All processing of Personal Data of EEA Residents is performed by us in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council on the protection of natural persons regarding the processing of Personal Data and on the free movement of such data (“GDPR”).
Under the GDPR, we are both the controller and a co-processor of the Personal Data of EEA Residents. Our purpose for collecting and processing Personal Data from EEA Residents is to provide them with the features and functionalities of our website and mobile application and information regarding our services. The legal basis for collecting Personal Data is because it is necessary for performance of a contract between us to provide you with the website and mobile application and its related features and functionality. We also rely on your consent to receive information about our services. You may withdraw consent from receiving marketing and promotional communications by clicking the “Update Email Preferences” link on the communication. If EEA Residents do not provide Personal Data to us or withdraw consent for processing such Personal Data, we may not be able to provide such residents with certain features or functionalities of the website or mobile application or information regarding the services, including processing payments.
If you are an EEA resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us at [email protected].
Additionally, if you are an EEA resident, we are hereby notifying you that we are processing your information in order to fulfill contracts we might have with you, or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to the United States.
Security of Transmission of Personal Information and Risks Related to the Internet
Our website and mobile application have security measures in place to help protect against the loss, theft, misuse and unauthorized access, disclosure, alteration and destruction of the information under the company’s control. The website uses no encryption (data scrambling) on certain portions of the website but does use encryption on portions where you are transmitting financial information, such as credit card information. When you are on any website that asks you for confidential information, you should check to see if the information being transmitted is encrypted in order to increase the security of your information. Although every effort is made to ensure no one else will view, seize or obtain your information, complete confidentiality and security is not yet possible over the Internet. Any unencrypted email communication over the Internet is not secure or confidential, and is subject to possible interception, loss and alteration. The company, its agents, administrators, employees and affiliates may not be held liable for any damages you or anyone else may suffer or incur as a result of the transmission of confidential or sensitive information over the Internet, and all such communications will be made at your own risk.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information under our control. For example, we seek to use Secure Sockets Layer (“SSL”) technology for all financial transactions conducted through the website or mobile application.
Unfortunately, no data storage system or data transmission over the Internet can be guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures.
How Are Users Notified of Any Changes to this Policy?
How Can I Contact the Company Regarding this Policy?