Privacy Policy

Last Updated: 10/20/20

VayK Gear (the “Company”) respects Your privacy and is committed to protecting it through this Privacy Policy (the “Policy”).  This Policy describes the types of information the Site may collect from You or that You may provide when You use the services offered by the Company listed above (“Services”), as well as the Site’s practices for collecting, using, keeping, protecting, and disclosing that information.  When first-person pronouns are used in this Policy, (Us, We, Our, Ours, etc.) these provisions are referring to the Site.  Additionally, when the terms “the Site” or “Site” are used, these terms refer to the website(s) listed above.  As the User of this Site, this Policy will refer to the User as “You” or through any applicable second-person pronouns, such as “Yours,” etc.  Hereinafter, the User of the Site shall be referred to in applicable second-person pronouns.

This Policy applies to information the Site collects:

  • When registering for or using our services, including but not limited to any product orders made through the Site.
  • On the Site (including desktop and mobile versions).
  • In email, text, and other electronic messages between You and VayK Gear.
  • When You interact with the Services through third-party social media platforms.

It does not apply to information collected by:

  • the Site offline or through any other means, including on any other website or service operated by the Site or any third-party; or
  • any third-party, including through any application or content that may link to or be accessible through the Site or the Services.

Please read this Policy carefully to understand the Site’s policies and practices regarding Your information and how the Site will treat it.  If You do not agree with the Site’s policies and practices, Your choice is not to use the Site or the Services.  By accessing or using the Site or the Services, You agree to this Policy and consent to the Site’s collection, use, disclosure, retention, and protection of Your personal information as described in this Policy.  The Site may change this Policy on one or more occasions.

We have implemented measures designed to secure Your personal information from accidental loss and from unauthorized access, use, change, and disclosure.  All information You provide to Us is stored on Our secure servers behind firewalls.  However, the transmission of information over 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 through the Site.  Any transmission of personal information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures used by the Site.

  1. Revisions to this Policy

The Site will consider Your continued use of the Site or the Services after the Site makes changes to this Policy as Your acceptance of the changes, so please check this Policy frequently for updates.  We reserve the right to revise, amend, or modify this Policy and Our other policies and agreements at any time and in any manner. You should check for any modifications of this Policy by periodically re-visiting this web page and using the “refresh” button on Your browser as well as clearing Your web browser history and cache.

  1. What types of information does the Site collect about You and how is it collected?

The Site collects several types of information from and about Users of the Site or Services, including information:

  • by which You may be personally identified, including Your name, postal address, email address, telephone number, or any other information that the Site collects that is defined as personal or personally identifiable information under law (“personal information”);
  • that is about You but individually does not identify You, including Your age, gender, location, and any other optional information You provide about Yourself; or
  • about Your Internet connection, the equipment You use to access the Site or the Services, and usage details.

The Site collects this information:

  • Directly from You when You provide it to the Site.
  • Automatically as You navigate through the Site or the Services. Information collected automatically may include usage details, IP addresses, device ID, and information collected through cookies, web beacons, and other tracking technologies.

Information You Provide to the Site

The information the Site collects on or through the Site or the Services may include:

  • Records and copies of Your correspondence (including but not limited to email addresses), if You contact the Site.
  • Your search queries on the Site.
  • Payment information for transactions You carry out through the Site or the Services.

Information the Site Collects through Automatic Data Collection Technologies

As You navigate through and interact with the Site or the Services, the Site may use automatic data collection technologies to collect certain information about Your equipment, browsing actions, and patterns, including:

  • Details of Your activities associated with the Services, including traffic data, location data, logs, and other communication data and the resources that You access and use on the Services.
  • Information about Your computer and Internet connection, including Your IP address, device ID, operating system, and browser type.
  • Information about Your mobile device and Internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.  This information may also include details about Your mobile carrier, Your precise geographic location information, and other information described in this Policy. If You do not want Your location known, You can turn off location services on Your mobile device by going to: 1) settings, 2) location services, 3) off [for iOS devices]; and, 1) profile, 2) privacy, 3) on [for Android devices.]

The information the Site collects automatically is statistical data and does not include personal information, but the Site may keep it or associate it with personal information the Site collects in other ways or receives from third parties. It helps the Site to improve the Services and to deliver a better and more personalized service, including by allowing the Site to:

  • Estimate the Services’ audience size and usage patterns.
  • Store information about Your preferences, thus allowing the Site to customize the Services according to Your individual interests.
  • Speed up Your searches.
  • Recognize You when You return to the Services.

The technologies the Site uses 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.  Your browser stores cookies in a manner associated with each website You visit.  The Site uses cookies to enable its servers to recognize Your browser and tells the Site how and when You visit the Site and use the Services. 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 the Site.  Unless You have adjusted Your browser setting so that it will refuse cookies, the Site’s system will issue cookies when You direct Your browser to the Site.  If You want to learn more about cookies, please visit www.allaboutcookies.org.
  • Web Beacons. Pages of the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Site, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).  If You want to learn more about web beacons, please visit http://www.allaboutcookies.org/faqs/beacons.html

The Site does not collect personal information automatically, but it may tie this information to personal information about You that the Site collects from other sources or that You provide to the Site. 

Third-party Use of Cookies and Other Tracking Technologies

Some content or applications on the Site are served by third parties, including servers, content providers, and application providers.  These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about You when You use the Site.  The information they collect may be associated with Your personal information or they may collect information, including personal information, about Your online activities over time and across different websites and other online services.

Social Networks and Third-Party Plug-ins

The Services may include plugins from social networks and other third parties. An example of a plugin is the Facebook® “Like” button.  Where legally permitted, these plugins may communicate with and send information to the party that provided the plugin, even if You do not click on the plugin.  This information may include Your IP address, information about Your browser and device, and the address of the webpage You are visiting on the Services.  Loading, using, or clicking the plugins may also place, read, and transmit cookies.  These cookies may contain a unique identifier the social network or third-party assigns You.  The loading, functionality, and Your use of the plugins are governed by the privacy policy and terms of the party that provided the plugin.

  1. How We Use Your Information

The Site may use information that it collects about You or that You provide to the Site, including any personal information:

  • To present the Site or the Services and their contents to You.
  • To provide You with information or services that You request from the Site.
  • To fulfill any other purpose for which You provide it. 
  • To carry out the Site’s obligations and enforce its rights arising from any contracts entered into between You and the Site, including but not limited to for billing and collection or to receive payment from the use of the Services. 
  • To notify You about changes to the Services or any services the Site offers or provides through the Services.
  • To allow You to participate in any interactive features on the Site or through the Services.
  • To investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities.
  • In any other way the Site may describe when You provide the information.
  • For any other purpose with Your consent.

The Site may also use Your information to contact You about the Site’s own and third parties’ goods and services that may be of interest to You.  If You do not want the Site to use Your information in this way, please contact us at legal@rox360.com.

  1. With Whom Do We Share Your Information?

The Site may disclose aggregated information about its users, and information that does not identify any individual, without restriction.

The Site may disclose personal information that it collects or that You provide as described in this Policy:

  • To the Site’s subsidiaries and affiliates.
  • To contractors, service providers, and other third parties the Site uses to support its business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which the Site discloses it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Site’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Site about the Site’s or the Services’ users is among the assets transferred.
  • To fulfill the purpose for which You provide it.
  • To enforce or apply the terms of use and other agreements, including for billing and collection purposes or to receive payment.
  • For any other purpose disclosed by the Site when You provide the information.
  • With Your consent.

The Site may also disclose Your personal information to comply with any court order, law, or legal process, including responding to any government or regulatory request.

  1. Special Cases

It is Our policy not to use or share the personal information about users in ways unrelated to those described in this Policy without also providing You an opportunity to opt out or otherwise prohibit such unrelated uses.  However, We may disclose personal information, or information regarding Your use of the Services or Site accessible through Our Services, for any reason if, in Our sole discretion, We believe that it is reasonable to do so, including: 

  1. To satisfy any laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; 
  2. To disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms & Conditions or other User policies; 
  3. To operate Our Services properly; 
  4. To protect ourselves, Our Users, and the general public.  We specifically reserve the right to disclose any and all information to law enforcement in the event that a crime is committed, is suspected, or if We are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.  
  5. We will always cooperate with law enforcement authorities, government agencies, and private-party litigants seeking information about Our Users to the extent required by applicable law, or if We are legally advised to do so.  Examples of such cooperation include but are not limited to: lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process. 
  1. What choices do You have about how the Site uses and discloses Your information?

The Site strives to provide You with choices about the personal information You provide to the Site.  The Site has created mechanisms to provide You with the following control over Your information:

  • Communications from the Site.  If You do not want to have your email address used by the Site to promote its own or third parties’ products or services, You can opt out by unsubscribing or by sending the Site an email at support@vaykgear.com.  If the Site has sent you a promotional email, you may send the Site a return email asking to be omitted from future email distributions or click on the “unsubscribe” link at the bottom of the email.  This opt out does not apply to information provided to the Site as a result of a service purchase or other transactions.
  • Tracking Technologies and Advertising.  You can set Your browser to refuse all or some browser cookies, or to alert You when cookies are being sent.  To learn how You can manage Your Flash cookie settings, visit the Flash player settings page on Adobe’s website.  To learn how You can manage Your other cookies, visit www.allaboutcookies.org/manage-cookies/.  If You disable or refuse cookies, please note that some parts of the Site may be inaccessible or not function properly.

The Site does 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.

  1. Do Not Track Policy

Do Not Track (“DNT”) is a privacy preference that You can set in Your browser.  DNT is a way for You to inform websites and services that You do not want certain information about Your webpage visits collected over time and across websites or online services.  The Site is committed to providing You with meaningful choices about the information it collects and that is why the Site provides You the ability to opt out.  However, the Site does not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.  For more information, visit www.allaboutdnt.com.

  1. Processor

To support delivery of our Services, We may engage and use data processors with access to certain customer data.  All Our processors and sub-processors are required to take appropriate security measures to protect Your personal information in line with Our policies.  We do not allow Our processors and sub-processors to use Your personal data for their own purposes.  We only permit them to process Your personal data for specified purposes and in accordance with Our instructions.

Currently we utilize the processor services of HubSpot, and their Privacy Policy can be found here: https://legal.hubspot.com/privacy-policy.  As Our business grows and evolves, the processors and sub-processors We engage may also change. We will provide You with notice of any new processors and sub-processors to the extent required under the Agreement, along with posting such updates here.  Please check back frequently for updates.

  1. Your Nevada Privacy Rights

Nevada Revised Statute Chapter 603A provides Nevada residents who provide personal information to websites that meet certain thresholds with certain opt-out rights.  However, we currently do not sell data triggering the opt-out right requirements in Nevada.

  1. Your California Privacy Rights

California Civil Code § 1798.83 permits users of the Site that are California residents to request certain information about Our disclosure of personal information to third parties for their direct marketing purposes. To make this request, please contact Us at legal@rox360.com.

Further, if You are a California resident and would like to opt out from the disclosure of Your personal information to any third-party for marketing purposes, please contact Us at legal@rox360.com.  Please be advised that if You opt out from permitting Your personal information to be shared, You may still receive selected offers directly from Us in accordance with California law.

The California Consumer Privacy Act of 2018 provides additional privacy rights and protections to California users; however, these additional rights and protections do not apply to Us or Your use of Our Services, because we do not sell Your data and/or because We do not meet the triggers set forth in the law.

  1. International Users

This Policy is intended to cover collection of information on or through Our Site within the United States.  This Site is not intended for EU users, or users from any country which requires stricter privacy policies than those described in this document.  If You are visiting Our Site from outside the United States, please be aware that Your information may be transferred to, stored, and processed in the United States where Our servers are located and Our central databases are operated.  The data protection and other laws of the United States and other countries might not be as comprehensive as those in Your country.  By using Our services, You understand that Your information may be transferred to Our facilities and those third parties with whom We share it as described in this Policy.  When You provide personal information to Us through the services, You consent to the processing of Your data in, and the transfer of Your data to, the United States or any other country in which We or Our affiliates, subsidiaries, or service providers host these services.

  1. Links to Other Websites

The Site may contain links to other websites.  Please be aware that We do not operate, control, or endorse third-party sites that may be linked on the Site, nor are We responsible for the content or privacy practices of those other websites.  We disclaim any responsibility for the information on other websites, and We do not make any warranties or representations that any linked sites (or even this Site) will function without error or interruption, that defects will be corrected, or that the Sites and their servers are free of viruses or other problems that may harm Your computer.  We encourage Our users to be aware when they leave the Site and to read the privacy statements of any other website that collects personally identifiable information.

  1. No Rights of Third Parties

This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to Users of the Site or the Services.

This document prepared by: Braslow Legal, www.BraslowLegal.com.  All Rights Reserved. © (2020).

Nothing more follows.