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Privacy Policy


Privacy Policy

Adopted: June 1, 2018

  

Introduction

Chipply, LLC ("Chipply" or "We") respects your privacy and is committed to protecting it through compliance with this Privacy Policy (this "Policy").

THIS POLICY, TOGETHER WITH THE TERMS AND CONDITIONS INCORPORATED HEREIN BY THIS REFERENCE, IS PART OF AN AGREEMENT BETWEEN YOU AND US.  IT DESCRIBES HOW WE EXCHANGE INFORMATION WITH EACH OTHER.

Specifically, the Policy describes the types of information we may collect from you or that you may provide when you visit the website at www.chipply.com (the "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Whether you are one of Chipply’s dealers selling products, a customer shopping in a dealer store powered by Chipply, or simply checking out our website, this Policy and our Terms and Conditions of use apply to you.

Note that Chipply is not a dealer you buy products from. Chipply is a software company. We have developed the computer programs and web platform that dealers use to create online stores and sell their goods. Because we are not a dealer you buy stuff from and do not control any dealer, we cannot be responsible for what a dealer does or fails to do.

This Policy applies to information we collect:

·           On this Website.

·           In email, text, and other electronic messages between you and this Website.

·           When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

This Policy does not apply to information collected by:

·           us offline or through any other means, including on any other website operated by Chipply or any third party (including our affiliates and subsidiaries); or

·           any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using this Website, you agree to this Policy. This Policy may change from time to time (see "Changes to Our Privacy Policy"). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us per the contact information at the end of this Policy.

Special notice to residents of EU Member States

We do not knowingly collect information from any residents protected by the European Union (EU) privacy and data security laws and are not certified by the EU to transfer or protect information of EU residents. THEREFORE, IF YOU ARE AN EU RESIDENT, PLEASE DO NOT USE OUR WEBSITE.

If we learn that we have received personal information from an EU resident, we will remove it (although we may not be able to fully remove the information from our backup system). If you are an EU resident and believe we might have your personal information, please contact us.

Special notice to residents of California

California Civil Code Section § 1798.83, as it may from time to time be amended or superseded, allows California residents to request certain information regarding our disclosure of their information to third parties for their direct marketing purposes. To make such a request, please contact us.

Special notice to residents of Canada

Canadian residents have certain rights under Canadian law with respect to their personal data, including the right to request access to, correct, amend, delete, or limit the use of their personal data. Canadian residents also have the right to withdraw their consent to our online tracking programs.

In accordance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), we are responsible for the information of Canadian residents if we transfer it to a third party. Before we send your information to a third party, they must agree to handle your information only as we direct them to and to protect your information as least as well as we do. To exercise any of these rights, please contact us.

Information We Collect About You and How We Collect It

When you visit our Website, we may collect certain types of information from you, including information:

·           by which you may be personally identified, such as name, mailing address, e-mail address, telephone number, social security number, company name, address, telephone number and company tax identification number ("personal information");

·           that is about you but does not identify you individually; it is passively collected using various technologies, such as the number of visitors, your internet connection, the equipment you use to access our Website and usage details ("non-personal information").

We collect this information:

·           Directly from you when you provide it to us.

·           Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through tracking technologies that do not extract personal information.

·           From trusted third parties, for example, our business partners.

Information You Provide to Us.  The information we collect on or through our Website may include:

·           Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website.

·           Records and copies of your correspondence (including email addresses), if you contact us.

·           Your responses to surveys that we might ask you to complete for research purposes.

·           Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

·           Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other groups or users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.  As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

·           Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

·           Information about your computer and internet connection, including your IP address, operating system, and 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 is statistical data and does not include personal information, but 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 Website 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 Website according to your individual interests.

·           Speed up your searches.

·           Recognize you when you return to our Website.

The technologies we may use for this automatic data collection may include:

 

·           Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. A cookie does not extract any personal information, nor can it be used to read any other personal information on your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

·           Web Beacons. Pages of our Website and our e-mails 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 those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

The Website may contain links to other websites or may otherwise provide access to other sites that are not operated or controlled by Chipply. Chipply is not responsible for the information collected on any such sites, the privacy policies or terms of use on those sites. We encourage you to review any privacy policies or terms of use posted on any of these sites. You agree to look solely to the third party site owners in the event of any claims related to use of your information on those sites and waive any such claims against Chipply.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

·           To present our Website and its contents to you.

·           To provide you with information, products, or services that you request from us.

·           To fulfill any other purpose for which you provide it.

·           To provide you with notices about your account.

·           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 Website or any products or services we offer or provide though it.

·           In any other way we may describe when you provide the information.

·           For any other purpose with your consent.

We may use non-personal information of our users for administrative purposes, to improve our business practices, to make changes to our Website or any other legitimate purpose allowable under applicable law.

Disclosure of Your Information

This Policy does not apply to any personal information collected by Chipply other than personal information collected through this Website. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may reproduce, use, disclose, and distribute any unsolicited information to others without limitation or attribution. This includes, but is not limited to, information posted to any public areas of the Website, any ideas for new information, resources, products or services, and other unsolicited submissions.

Chipply will not sell, license, transmit, or disclose information collected to third parties that are unaffiliated with Chipply unless such sale, license, transmittal, or disclosure is expressly authorized by you or required or permitted by applicable law. Chipply will disclose information collected consistent with applicable laws and regulations, and will require the recipient of such information to protect the information and use it only for the purpose it was provided.

More specifically, we may disclose personal information that we collect or you provide as described in this Policy:

·           To our dealers and partners. We work with third parties to better provide you with our services, and we may share your information with them in accordance with this Policy. For example, we may include our dealers, Google Analytics, Stripe, and our other business partners, e.g., third-party software, designers, and manufacturers that we work with to provide support for our merchants.

·           To a new owner of our company if our business is sold or a dealer’s business is sold. See "Business Change" below.

·           With your consent. We will always ask for your permission before sharing your information with third parties for purposes other than those described in this Policy, as is updated from time to time.

We may also disclose your personal information when we need to for legal reasons:

·           To comply with any court order, law, or legal process, including in response to any government or regulatory request.

·           To enforce or apply our terms of use and other agreements, including for billing and collection purposes.

·           If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Chipply, our dealer, customers, or others.

 

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

·           Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, if used by this Website, or to alert you when cookies are being sent, if any.

·           Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or affiliated third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the order form or registration form or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to teamchipply@chipply.biz. 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, warranty registration, product service experience or other transactions.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at teamchipply@chipply.biz to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and will be encrypted.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Business Change

In the event that Chipply is acquired or merged into another company, or any other similar business transition, your personal information will be disclosed and transferred to the new entity.  Note that this Policy may then be amended in accordance with the new company’s business practices.

Governing Law and Jurisdiction

All matters relating to the Website and this Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Policy or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin. You waive any objection or defenses to this venue including forum non conveniens.

Miscellaneous

Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Chipply products or services) must be commenced within one (1) year after the claim or cause of action arises. Chipply’s failure to insist upon or enforce strict performance of any provision of this Policy shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Chipply may assign its rights and duties under this agreement to any party at any time without notice to you. Chipply is entitled to recover all costs and expenses in enforcing this agreement, including attorneys’ fees.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: teamchipply@chipply.biz or 833-265-7882.