This Policy applies to information we collect:
- on the Sites;
- in email, text, and other electronic messages between you and the Sites; and
- in telephone communications between you and the Company.
This Policy does not apply to information collected by:
- Through any other means, including on any other website operated by Company or any third party; or
- Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Sites.
Your Acceptance of this Policy
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using any of the Sites, you agree to this Policy. If you do not agree to this Policy, you are directed to discontinue using and accessing the Company’s Sites. The Company reserves the right to change or update this Policy at any time and without prior notice to you. Your continued access or use of the Sites after such changes or updates indicates your acceptance of the Policy as changed or updated. It is your responsibility to review this Policy regularly for any changes or updates. This Policy was last updated on September 30, 2020.
Information We Collect About You and How We Collect It
When you use our Sites, the Company and/or our third party service providers collect certain information about you. Among the types of information from and about users of our Sites that we collect are:
- By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (collectively “personal information”);
- That is about you but individually does not identify you, such as your order information; and/or
- About your Internet connection, the equipment you use to access our Sites, and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the Sites. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
- From third parties, for example, our business partners.
Information You Provide to Us
The information we collect may include:
- Information that you provide by filling in forms on our Sites. This includes information you provide at the time of purchasing products from our Website, subscribing to our monthly report, any material you Post (as such term is defined below) on the Sites, or requesting further products. We may also ask you for information when you report a problem with our Sites.
- Records and copies of your correspondence (including email addresses), if you contact us.
Information that you provide when communicating with us via telephone or other electronic means, such as your name and telephone number.
- Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information in connection with our Website.
- Your search queries on the Website.
You also may post, submit, transmit, upload or otherwise provide (hereinafter, “Post”) information, including without limitation posts, comments and reviews to be published or displayed on the Sites, or transmitted to other users of the Sites or third parties (collectively, “User Content” and, together with personal information and Automatic Data (as such term is defined below), “User Data”). Your User Content is Posted and transmitted to others at your own risk. Although we may limit access to certain portions of the Sites, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Sites with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Sites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns (collectively, “Automatic Data”), including:
- Details of your visits to our Sites, including traffic data, location data, the website or URL from which you came from prior to landing on the Sites, the date and time that you access or use our Sites, and the website or URL to which you go upon leaving the Sites, and other communication data and the resources that you access and use on the Website.
- Information about your computer and/or other device, your Internet connection, including your IP address, your operating system, and your browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Sites and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Sites according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited certain webpages and for other related statistics (for example, recording the popularity of certain content on the Website and verifying system and server integrity).
“Cookies”, “Flash Cookies” and “Web Beacons” (collectively, “User Attribution Devices”) help facilitate and enhance the Sites’ communications and interactions with you. The Company may share information collected via User Attribution Devices with third parties, including without limitation analytics and social media websites, platforms and applications, to inform, optimize and serve information and content to you. You may opt-out of collection and use of information by certain User Attribution Devices in connection with your use of the Sites by: (i) visiting http://optout.aboutads.info/; and/or (ii) setting your Internet browser to refuse certain types of User Attribution Devices, such as cookies.
How We Use Your Information
We may use any information about our users, including without limitation any User Data, in aggregated, anonymized and/or non-personally identifiable form, without restriction (except to the extent prohibited by applicable law).
We may use information that we collect about you or that you provide to us as described in this Policy, including without limitation any User Data:
- To personalize your experience on the Sites.
- To improve our customer service.
- To present our Sites and their contents to you.
- To provide you with information, products, or services that you request from us, including without limitation to provide updates regarding any order for products that you make.
- To fulfill any other purpose for which you provide it.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Sites or any products we offer or provide though it.
- To administer a contest, sweepstakes, other promotion, survey or other feature of the Sites.
- To allow you to participate in interactive features on our Website.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
You expressly consent to the Company using your User Data, including without limitation your name, phone number, address and email address, to contact you regarding your activities on the Sites, including without limitation regarding any transaction or review on the Sites. We may also use your User Data to contact you about Company news and updates and about our own and third-parties’ goods and services that may be of interest to you.
Disclosure of Your Information
We may disclose any information about our users, including without limitation any User Data, in aggregated, anonymized and/or non-personally identifiable form, without restriction (except to the extent prohibited by applicable law).
We may disclose information that we collect about you or that you provide to us as described in this Policy, including without limitation any User Data:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business (including but not limited to online service vendors and vendors who manufacture our products) and who are bound by contractual obligations to keep the information that we disclose about you confidential and use it only for the purposes for which we disclose it to them.
- To a subsidiary, affiliate, buyer or other successor in the event of a merger, divestiture, restructuring, consolidation, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, insolvency, liquidation, or similar proceeding, in which information held by the Company about you is among the assets transferred.
- To third parties to market their products or services to you if you have not opted out of these disclosures.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- Otherwise with your consent.
We may also disclose your information, including without limitation any User Data:
- To comply with any court order, law, or legal process, including responding to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the User Data you provide to us. We have created mechanisms to provide you with the following control over your User Data:
- Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase or other related transactions.
In any such case of your withdrawal of consent, you acknowledge that there may be a delay before the Company fully implements your request and you may therefore still be contacted by the Company for a period of time thereafter. Notwithstanding your withdrawal of consent, the Company may subsequently contact you for other purposes that are unrelated to marketing and/or selling, including without limitation legal or regulatory purposes. Please be aware that applicable laws, statues, rules and/or regulations may require or permit the collection, processing, retention, use and disclosure of your information without your consent. Notwithstanding the foregoing, pursuant to applicable laws, statues, rules and/or regulations or other reasons, there may be circumstances in which you may not withdraw your consent to the collection, processing, use, retention and disclosure of your User Data.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website located at https://optout.networkadvertising.org/?c=1.
Most Internet browsers can be set to transmit digital “Do Not Track” requests to websites. Such sites may but are not required to comply with “Do Not Track” requests. At this time, the Website does not respond to any digital “Do Not Track” requests.
The Company’s Social Media Sites
Mobile Device Users of the Company’s Sites
You can access and use the Company’s Sites with virtually any mobile communications device such as a tablet, smartphone or wearable device that has an Internet browser application (a “Mobile Device”), provided that you subscribe or have access to a mobile telecommunications network. You are solely responsible to pay any and all service and/or telecommunications provider fees for mobile Internet access to the Company’s Sites including all applicable text messaging fees and data and other charges. The Company shall not be responsible for any technical or other difficulties that you may experience when you use any Mobile Device or public or private mobile communications network to access or use any of the Company’s Sites. Some of the features of the Company’s Sites may not be available or accessible when you view the Company’s Sites using a Mobile Device. You understand that the Company is providing its Sites to you on an “as is” basis without any warranty or guarantee whatsoever. Your Mobile Device may allow you to control and disable location services, cookies, and other privacy settings. Please refer to the instructions for your Mobile Device for additional information. There are potential risks when you use a Mobile Device. If your Mobile Device is lost, stolen, or compromised, or if someone else gains access to your mobile network, your personal information could be compromised or hacked. The Company expressly disclaims any and all liability and responsibility for any such compromise and/or hack and any and all damages arising from same.
In addition to the User Data described above, when you use a Mobile Device to access and/or use the Sites, the Company may collect and process information and metadata about geographic location, mobile device, your mobile network, IP address and other information, including without limitation information about nearby devices including Mobile Devices, WiFi access points and cellular communications towers that can be derived technologically from the use of your Mobile Device. The Company is entitled to collect, process, retain, use and disclose this information as described in this Policy.
The Website is not intended for children under the age of thirteen (13). No one under the age of thirteen may provide any personal information to or on the Website. The Company is committed to the safety of children and to protecting the online privacy of children. The Company does not request or knowingly collect any personal information from children under the age of thirteen. If the Company becomes aware that a child under the age of thirteen has provided personal information to the Website, the Company shall take reasonable measures to delete all such information from the Company’s records. The Company relies on the parents and guardians of children to monitor their children’s access and use of the Internet, including the Company’s Sites. If you believe we might have any information from or about a child under the age of thirteen, please contact us at [email protected].
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. Annually, California residents may request and obtain personal information that the Company has shared with third parties for such third parties’ direct marketing purposes within the prior calendar year (as defined by California Civil Code § 1798.83, commonly known as California’s “Shine the Light Law”). 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 the Company shared this information in the immediately preceding calendar year. To obtain this information, please send an email message to [email protected] with the words “California Shine the Light Privacy Request” in the subject line as well as in the body of your message. The Company shall then furnish any applicable requested information to your email address.
If you are a California resident, you may be entitled to additional rights, including under the California Consumer Privacy Act of 2018. For more information, please visit the Company’s Your California Privacy Rights page, located at https://www.pineandsouth.com/california-privacy-rights.
You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of the Company’s Sites on the Internet; (2) the technological limitations of security, privacy, and authentication measures and features on Internet sites and specifically on the Company’s Sites; (3) the risk that data or information is transmitted to or from the Company’s Sites may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, “impostering”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, denial of service attacks, nuking, system contamination (including computer viruses, Trojan horses, worms, defects, date bombs, time bombs, malware, ransomware, bugs, executables or other items of a destructive nature or any other malicious computer codes, scripts, applications or programs) causing unauthorized, damaging, or harmful access to and/or retrieval of information and data on your computer or network; (4) the risk that data or information on any of the Company’s Sites may be subject to other security or privacy hazards, may not reach its destination, or may reach an erroneous address or recipient; (5) unauthorized access by third parties; and (6) the content or the privacy policies of other websites, social media websites, platforms, and applications, including without limitation those to which the Company may link or be linked.
The Company considers protecting the security of your personal information important. The Company follows generally accepted industry standards to protect personal information submitted to us, both during transmission and once we receive it. However, the Company cannot and does not guarantee the security of any personal information or User Content that you Post via the Sites or otherwise transmit, and you do so solely at your own risk. Unfortunately, the transmission of information via the Internet is not completely secure. You must protect the privacy of your own information. You are solely responsible for the security of all such information at all times. You must take precautions to protect the security of all personal information that you may transmit to, from or through the Sites over any home networks, routers, private wireless (WiFi) networks, public WiFi networks, and all other communication technologies. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites, for the unauthorized acts of others, or for acts or omissions beyond our reasonable control.
Governing Law and Binding Arbitration
All matters relating to the Sites and this Policy shall be interpreted under and governed by the substantive laws of the United States of America and the State of New York, without regard to principles of conflict of laws. You and the Company have agreed to this Policy within the State of New York for all purposes.
Subject to all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in New York County, New York. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear all of its own costs, including but not limited to attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if Company is the prevailing party, then it shall be entitled to reimbursement for its reasonable attorneys’ fees and related costs expended in connection with the arbitration. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Governing Law and Binding Arbitration section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Policy.
To ask questions or comment about this Policy and our privacy practices, contact us at:
Pine & South LLC
105 Madison Avenue
New York, New York 10016
Or you may email us at: [email protected].