Terms of Use & Privacy Policy
Terms of Use
TERMS OF USE
These Terms of Use apply to all websites (“Sites”) operated by The Fly Smith, L.L.C. including without limitation TheFlySmith.co, YouTube The Fly Smith Channel(s), Discord The Fly Smith Voice and Text server, In this document “TheFlySmith”, “The Fly Smith” stands for The Fly Smith, L.L.C.
The Fly Smith provides an online destination for Fly Fishing and Fly Tying enthusiasts as a source for products, services, and information presented in a positive and interesting environment. This online website gives the User a way to connect with The Fly Smith and other Fly Fishing and Fly Tying enthusiasts, share stories, give and get advice, learn new techniques from Pros and Peers, hear about the hottest Fly Fishing and Tying Materials, new flies, and occasionally to help support various communities and/or fundraising causes, and to act as an outdoor conservation advocate. Users can find information that matters most to them, and access interesting news, videos and photos.
By accessing or using these Sites, you are deemed to have read, understand and agree to be bound by these Terms of Use as a Visitor and/or Registered Member to these Sites. These Terms of Use govern your conduct associated with the services offered by The Fly Smith to the extent of any conflict between The Fly Smith Privacy Policy and the Terms of Use, these Terms of Use shall control.
Please note Visitors and/or Registered Members, and Moderators of these Sites shall collectively be referred to as "User(s)". The right to use these Sites or any product or service offered by them, is personal to you and is not transferable to any other person or entity. We reserve the right to change these Terms of Use at any time, and you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance these Sites shall be subject to these Terms of Use. Your use of these Sites constitutes your agreement to theseq Terms of Use.
Rules of Conduct, Submitting Content and Using The Fly Smith Site
- The Fly Smith Responsibilities
- User Responsibilities
- License
- Conduct on the Site
- Security Rules
- Content Materials You Submit
- Notice of Abuse
- Termination
- Links to Other Sites
- Copyright Complaints
- Updates To Our Guidelines
- Proprietary Rights
- Indemnity
- Disclaimer of Warranties
- Limitation of Liability
- Applicable Law/Jurisdiction
- Consent to Processing
- Notices
- General Information
- General Content Guidelines
- Questions and Suggestions
- Mobile Terms & Conditions
- Text Message Program Terms
- Effective Date
1. The Fly Smith Responsibilities
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The Fly Smith moderators will not look at every post, photo, video, or comment made on these Sites nor do we guarantee the integrity of every member on the Site. These Sites are not responsible if information made available on these Sites is not accurate, complete or current. We reserve the right to modify the contents of these Sites at any time (including removing postings, lock postings, warning members, suspend accounts, and/or cancel accounts without prior notice), but we have no obligation to update any information on these Sites.
Our Sites and the Community Areas including such content as text, videos, pictures, audio, graphics, music and sound is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries and we have all rights therein unless otherwise indicated and then copyright remains that of the indicated owner. Each third party content provider owns the copyright in content original to it. Except as otherwise expressly permitted under copyright law all individual articles, blogs, videos, content and other elements comprising our Sites are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Sites with or without notice.
2. User Responsibilities
You must be 18 years of age or older to provide information through these Sites. By using these Sites you represent that you are at least 18 years of age.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. You hereby grant to these Sites and its affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted on these Sites.
You are solely responsible for reading and complying with any supplemental terms and/or rules, including, without limitation, those for any contests, sweepstakes, promotions or other additional features made available on these Sites.
By submitting your email address in connection with content you have submitted such as rating and review, your Questions or Answer, and comments you agree that the Fly Smith and its third party service providers may use your email address to contact you about the status of your review, Questions or Answers, comments, and other administrative purposes.
By submitting any content to the Fly Smith, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old; and that
- use of the content you supply does not violate these Terms of Use and will not cause injury to and/or harassment of any person or entity.
3. License
These Sites, including all of its contents, such as text, images, and the HTML or other code used ("Materials") are The Fly Smith’s property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from these Sites, in whole or in part, for any public or commercial purpose without our prior, specific written permission. We grant you a personal, non-exclusive, non-transferable license to access our Sites and to review the information and services contained herein.
In turn, you grant us a non-exclusive, world-wide, royalty-free license to use any content you post on these Sites, or through these Sites, for any purpose, subject to the express terms of this Agreement.
4. Conduct on the Site
By accessing the Site, you agree to the following rules of conduct. You or third parties acting on your behalf are not allowed to frame these Sites or use frames or utilize framing techniques or technology to enclose any content included on these Sites without The Fly Smith's express written consent. Additionally, you may not utilize any site content in any meta tags or any other "hidden text" techniques or technologies without The Fly Smith’s express written consent. You agree and warrant that you shall not distribute, submit or publish any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statue, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);that is, or may reasonably be considered to be, illegal, obscene, sexually explicit, vulgar, defamatory, libelous, hateful, abusive, excessively violent, racially, politically or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
You agree to not abuse the variety of tools the Fly Smith provides for member and/or Visitor interaction for the purpose of spamming users. We look for certain user behaviors to determine whether an account is spamming and will temporarily suspend and/or terminate the account of the abuser.
You agree to not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
You understand the Site is available for your personal, non-commercial use only, and you agree not to use the Site for commercial activities or sales. Additionally, you may not ask members for help in the form of money, gifts, or donations.
You agree not to upload, post, transmit, share or otherwise make available unsolicited or unauthorized advertising. Pyramid schemes, Multi Level Marketing Programs and cash gifting scams which are illegal and/or posting information about these schemes anywhere on The Fly Smith sites is prohibited.
You agree to not use the Sites in any unlawful manner or otherwise inconsistent with all applicable laws and regulations or in a manner that could damage, disable, overburden or impair the Sites.
You agree to not submit any content to the the Fly Smith and/or Sites for which you were compensated or granted any consideration by any third party or include any information that references other websites, addresses, email addresses, contact information or phone numbers, gps locations, map references, photographs and/or digital images referencing anyone’s physical location, past or present.
You will not attempt to interfere in any way with The Fly Smith’s site networks or network security, or attempt to use these Sites to gain unauthorized access to any other computer system, or attempt to post or transmit any information that constitutes a computer viruses, worms or other potentially damaging computer programs or files.
You will not engage in conduct constituting or encouraging conduct that would constitute a criminal offense giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol.
The Fly Smith reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Terms of Use. Accounts that are inactive for more than thirty days may be removed without further notice.
5. Security Rules
Violations of system or network security may result in civil or criminal liability. The Fly Smith will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following:
- Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to The Fly Smith’s sites, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the Sites.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
- Attempting to obtain information or account access from or about any user, host or network via any means including, without limitation, impersonation, false representations, "phishing" or "pharming" or misrepresentation.
6. Content Materials You Submit
We are not responsible for the content users post on these Sites. You accept sole responsibility for any material you may submit via the Site including photos, messages, text, information, videos, User profiles (such as your name and User profile image or avatar), and any other content that you upload, share, publish or display on or through the Site. You may not upload to, post, transmit, distribute or share User Generated Content or "UGC" on this Site that you did not create or that you do not have permission to share. You may not post or upload to these Sites any content that (i) is confidential, proprietary, false, fraudulent, defamatory, obscene, threatening, invasion of privacy or publicity rights, infringing on intellectual property rights, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise create liability or violate any law; or (iii) may contain software viruses, political campaigns, mass mailings, chain letters, or spam. You warrant that any UGC you post, transmit, or share is owned by you or you have obtained permission for its use. The UGC does not reflect the Fly Smith’s
opinions or views and under no circumstances are we liable in any way for UGC, including, but not limited to, errors or omissions or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC. You understand and agree the Fly Smith has the right, but no obligation to archive or to not publish, or make Forum discussion "Read Only", or to modify or remove Site Content or UGC (without notice or liability) if we, in our discretion, consider the UGC to be in violation of these Terms of Use or otherwise harmful to these Sites.
By posting UGC to these Sites, you understand and agree you grant the Fly Smith and its affiliates an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, adapt, translate and distribute such UGC for any purpose, commercial, advertising, or otherwise, throughout the world in any media. The Fly Smith does not assert any ownership over your UGC. You understand and agree your UGC is as between The Fly Smith and you, subject to the rights granted to the Site in these Terms, you retain full ownership of all your UGC and any intellectual property rights or other proprietary rights associated with your UGC. By using these Sites, you represent and warrant that you own or otherwise control all the rights to the content, and that you will be responsible for paying all royalties and other fees that might be due to any person or entity; and that you will indemnify The Fly Smith and any subsidiaries and/or Repreaentatives for all claims resulting from content you supply. You are not entitled to any compensation for UGC you post on these Sites unless otherwise agreed upon. The Fly Smith does not guarantee that you will have any recourse through The Fly Smith to edit or delete any content you have submitted. The Fly Smith reserves the right to remove or to refuse to post any submission for any reason.
7. Notice of Abuse
If you become aware of any abuse of The Fly Smith sites, misuse by a Site user, use in violation of these Terms of Use, or use by an individual who is not eligible for Site access, please report that circumstance to us at theflysmith@gmail.comand we will investigate and take responsive action. If you are the parent of a child under the age of 18 you may instruct us to terminate the account of your own child upon satisfactory showing of your authority.
8. Termination
You may remove your UGC from the Site at any time, and you may terminate your membership at any time by logging into your account and following the instructions in your User profile and/or as listed on that specific Site.
The Fly Smith reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these rules and/or Terms of Use. Additionally, accounts that are inactive for more than thirty days may be removed without further notice.
9. Links to Other Sites
Visitors will find advertising or other content on our Site that link to the site and services of our partners, suppliers, affiliates, advertisers and other third parties. We provide links to other sites we think you may enjoy or access to the information contained therein. We do not endorse, take responsibility for, monitor or check for accuracy, appropriateness or completeness of any Third-Party Content. If you decide to leave the Site and access the Third-Party Sites or to use any Third-Party Content, you do so at your own risk. You understand and agree to release The Fly Smith and its subsidiaries and/or Representatives from any and all liability, direct or indirect, and for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Third-Party Content, whether appearing on the Site or on a Third-Party Site. Additionally, the Site’s widgets or other Site content may be included on web pages and web sites that are not associated with The Fly Smith and of which we have no control. These Sites operate independently of The Fly Smith and have established their own privacy and security policies. For the best online experience, The Fly Smith encourages you to review these policies before submitting any Personal Information through these sites.
10. Copyright Complaints
You may not use the Site for any purpose or in any manner that violates the rights of any third party. The Fly Smith respects the intellectual property rights of others and prohibit Users and/or Visitors from uploading and posting materials that infringes another party's intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Sites; (iv) your physical address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or Agent authorized to act on the copyright owner's behalf. The Fly Smith’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Attn:Copyright Agent: theflysmith@gmail.com
It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. The Fly Smith may request additional information before The Fly Smith removes any infringing material. If a dispute develops as to the correct owner of the rights in question, The Fly Smith reserves the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that The Fly Smith determines are repeat infringers.
Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
11. Terms of Use
The Fly Smith reserves the right to change, modify, add or remove any portion of this policy to reflect changes in The Fly Smith’s business practices and service offerings. The most recent version of the Terms of Use will be posted on the Site. It is your responsibility to check for changes the Fly Smith makes to the Terms of Use. Your use of the Site after any changes to the Terms of Use or other policies indicates to The Fly Smith that you accept the changes. The Fly Smith will also notify you of any material changes in the way The Fly Smith treat your information by placing a prominent notice on The Fly Smith site or sending a notice to the primary email address specified in your account.
12. Proprietary Rights
As between you and The Fly Smith, (or other company whose marks appear on or via these Sites). The Fly Smith (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on these Sites, and is the copyright owner or licensee of the Content and/or information on these Sites, unless otherwise indicated.
Except as otherwise provided herein, use of these Sites does not grant you a license to any Content, features or materials you may access on these Sites and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of these Sites is strictly prohibited, except as allowed herein or otherwise approved by the Fly Smith.
You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by The Fly Smith. If you make use of these Sites, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. The Fly Smith do not grant any license or other authorization to any user of our trademarks registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on these Sites.
The information on these Sites including, without limitation, all design, text, graphics, interfaces, photographs, videos, voice recordings, and the selection and arrangements therein are protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of The Fly Smith and/or other entities. Such trademarks, service marks and trade names may be registered in the United States and/or Internationality.
The Fly Smith logos and service names are trademarks of The Fly Smith (the "Fly Smith" and/or “TheFlySmith”). Without The Fly Smith’s prior permission, you agree not to display or use The Fly Smith’s Marks in any manner. Nothing on these Sites should be construed to grant any license or right to use any of the Fly Smith’s Marks without The Fly Smith’s prior written consent.
13. Indemnity
You agree to defend, indemnify and hold The Fly Smith, its directors, officers, employees, agents, representatives, moderators, affiliates, joint ventures, and third-party service providers, including but not limited to YouTube, Discord, GoDaddy, Pixel, Ooma harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to The Fly Smith in connection with your use of these Sites, your violation of the Terms of Use or the posting or transmission of any materials on or through these Sites by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
14. Disclaimer of Warranties
You understand and agree that:
These Sites, including, without limitation, all content, function, materials and services are provided "As is". Without any warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, data security, or uninterrupted access to said Sites or the contents therein. Any warranties concerning the availability, accuracy, completeness, usefulness, or content of information and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. The Fly Smith does not warrant that these Sites or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. The Fly Smith makes no warranty that these Sites will meet Users’ expectations or requirements. No advice, results, information, or materials, whether oral or written, obtained by you through these Sites shall create any warranty not expressly made herein. If you are dissatisfied with these Sites, your sole remedy is, and The Fly Smith encourages you to delete your account on the Sites and to discontinue using the Sites individually and collectively.
Any material, uploaded to, downloaded from or otherwise obtained through, the use of these Sites is done at your own discretion and risk, and you will be held solely responsible for any damages that results from the upload or download of any such material.
The Fly Smith does not endorse, support, warrant or guarantee the completeness, truthfulness, accuracy or reliability of any content posted to or through these Sites nor does The Fly Smith endorse any opinions, products offered or provided by or on behalf of the third parties on or through these Sites. The Fly Smith is not a party to, and does not monitor any transaction between Users and Third parties without the direct involvement of The Fly Smith.
15. Limitation of Liability
In no event shall The Fly Smith, its affiliates, any of their respective directors, officers, employees, agents, moderators, content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Sites or the content, materials and functions related thereto, including, without limitation, loss of revenue, anticipated profits, lost business, data, sales, or cost of substitute services, even if The Fly Smith or its representatives and/or such individuals as have been advised of the possibility, of such damages. Some jurisdictions do not allow the limitation or exclusion of liability, so some of the above limitations may not apply to you depending upon your geographic location. In no event, shall the total liability of The Fly Smith to you for all damages, losses, claims, liability, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from or related to these Terms or your use of these Sites exceed, in the aggregate, the amount of one hundred United States dollars ($100.00).
16. Applicable Law/Jurisdiction
You agree that the laws of the State of Virginia excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of these Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim of dispute with The Fly Smith or relating in any way to your use of these Sites resides in the state and federal courts located in Stanley, Virginia, and you further agree and expressly consent to exercise of personal jurisdiction in the said state and federal courts.
17. Consent to Processing
By providing any personal information to or through these Sites, all users, including without limitation users in the European Union, fully understand unambiguously consent to the collection and processing of such information in the United States.
Any inquiries concerning these Terms should be directed to:theflysmith@gmail.com
18. Notices
Notices to you may be made via either email, regular mail and/or dedicated mail service (UPS, FedEx, DHL). The Fly Smith may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on these Sites.
19. General Information
The Terms of Use constitute the entire agreement between you and The Fly Smith and govern your use of these Sites, superseding any prior agreements between you and The Fly Smith. You also may be subject to additional terms and conditions that are applicable to certain parts of these Sites or Third Parties that Administer these Sites.
You agree that no joint venture, partnership, employment, or agency relationship exists between The Fly Smith and you as a result of this Agreement or your user of these Sites.
Any claim of cause of action you may have with respect to The Fly Smith or these Sites must be commenced within one (1) year after the claim of cause of action arose.
The failure of The Fly Smith to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless, agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
You may not assign the Terms of Use or any of your rights or obligation under the Terms of Use without The Fly Smith’s express written consent.
The Terms of Use inure to the benefit of The Fly Smith’s successors, assigns and licensees. The section titles in the Terms of Use are for convenience and reference only and have no legal or contractual effect.
20. General Content Guidelines
Images Uploaded to The Fly Smith and Sites:
- Must be in BMP, PNG, GIF or JPEG format.
- File size must be 5 MB or less.
- Images must be at least 60 pixels tall and 60 pixels wide.
- If you are not the copyright holder, you may not submit copyrighted images.
- Objectionable images will be rejected and/or deleted.
- Uploaded images become the property of The Fly Smith and/or the Third Party administering the Sites..
When writing your question, answer or review on The Fly Smith:
- You Agree to use the product before writing a review.
- When writing a review, to focus on the product, and your individual experience using it.
- When writing a review, to provide details about why you liked or disliked the product.
- When writing a review, please avoid info that changes, such as price and promotional details, info about other companies and websites, inappropriate language and attitudes.
- When writing a review, please do not submi any feedback other than for product reviews. If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please contact us directly using the “Contact Us” page and/or Form of TheFlySmith.co
- Questions, Answers, Reviews, Posts and/or Comments during Live Stream events must be in English
- When writing a Question, Answer, Comment or Post, make sure it is relevant to The Fly Smiths products or the topic of Fly Fishing
- When writing an Answer, make sure it is relevant to the Question being asked by the User
- When writing a Question or Answer, if applicable, include the specific product name
To protect your privacy, please do not submit email addresses, URLs, phone numbers, physical addresses, gps coordinates or other forms of contact/personal information when posting to the sections of the Sites that are viewable by the general public. We reserve the right to not post your Question, Answer, Comment, Post or Review at The Fly Smith and/or its Moderators and/or Administrators discretion.
21. Questions and Suggestions
If you have questions about these Terms of Use, please contact The Fly Smith:
- by email at: theflysmith@gmail.com, and include your full name, telephone number, and/or your mail address, so that The Fly Smith can contact you; or
- by letter to the Fly Smith at: The Fly Smith, LLC. Att:Privacy, 147 Granite Dr. Stanley, Virginia 22851, making sure to include your name, mailing address, and telephone number so that The Fly Smith can contact you.
22. Mobile Terms & Conditions
Carriers Supported: SMS Supported carriers: AT&T, T-Mobile® (T-Mobile is not liable for delayed or undelivered messages), Verizon Wireless, Sprint, U.S. Cellular, Boost Mobile, Cricket, Virgin Mobile, Iowa Wireless, Metro PCS (GSM), ACS Wireless, West Central Cellular, Ntelos, Bluegrass, Plateau Wireless, AWCC, Cellular South, Carolina West Wireless, Immix Wireless/Keystone Wireless, Golden State Cellular, Cellcom, ECIT, GCI/Alaska Digitel, Inland Cellular, Illinois Valley, Nex-Tech, Chat Mobility, NW Missouri Cellular, NE Cellular One of PA, Element Wireless, MTPCS, Thumb Cellular, Viaero Wireless. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services at the process offered. Pre-paid users may not be able to participate. Check with your mobile operator.
The Fly Smith Sites collect certain information automatically upon subscription to the Sites, Newsletters, Email Lists and/or other Marketing campaign or effort. Information collected includes information about the type of mobile device you use, the unique device identifier, mobile phone number, and mobile operating system. The Fly Smith does not sell or share this mobile device or your opt-in data with any unrelated third parties without your express consent.
23. Text Message Program Terms
The Fly Smith provides Users with the opportunity to interact with The Fly Smith via text messages through different text message programs: Offers, Discounts, Updates on Orders and Shipping information. These programs operate independently.
Offers, Discounts & Updates: This program provides text messages about events, special offers, special discounts, shopping cart reminders, and/or other promotional information. Mobile subscribers can enroll through the website, or by texting XXX to XXXXXX from their mobile device. By opting into these programs, you expressly agree to receive The Fly Smith’s updates and/or offers via text (may be auto-dialed, pre-recorded or promotional) to the mobile number you provided from The Fly Smith and/or our SMS service provider even if the phone number is on the Do Not Call list, and to be bound by these Terms of Use and our Privacy Policy located on TheFlySmith.co.
Consent is not required to purchase goods or services. Message frequency will vary and message and data rates may apply. By enrolling in these Marketing Programs you represent that you are the subscriber or authorized user of the mobile device and owner of the mobile phone number provided. You may cancel at any time by replying STOP to any text and you will receive one confirming text. Reply HELP to any text at any time for assistance.
Orders & Shipping: The Fly Smith and our service provider may provide text messages at your request about your latest transaction including information about your order, shipping alerts and/or updates. Mobile subscribers can request Orders & Shipping texts through The Fly Smith Site by providing a mobile phone number and signing up to receive SMS text messages and/or by placing an Order. By opting in to The Fly Smith’s Marketing and/or SMS Text Messages and/or Message Alerts Programs, you agree to receive an enrollment confirmation text, texts (including auto-dialed, pre-recorded and/or promotional texts) relating to that specific order or transaction from The Fly Smith and/or our SMS service provider even if your phone number is on the Do Not Call list, and to be bound by these Terms of Use and our Privacy Policy.
Consent is not required to make a purchase. Mobile phone numbers provided trough the Fly Smith’s Marketing Subscription Programs (May but are not limited to: SMS Texts, Message Alerts, Shopping Cart Updates and Reminders, Order Comfirmations) and/or at checkout are used only to provide text message status reports on that specific order and shipping. Message frequency will vary and message and data rates by Your Cellular Service Provider may apply. By enrolling you represent that you are the subscriber opting into the Marketing Program or the authorized user of the mobile device being subscribed, and the owner of the mobile phone number provided. You may cancel at any time by replying STOP to any text and receive one confirming text. Reply HELP to any text at any time for assistance.
How to cancel. If you have enrolled in both programs, you will need to text STOP to any message you receive from that specific program, to be unsubscribed from that particular program; this way you can continue to receive Orders & Shipping texts if you decide to cancel Offers & Updates texts.
The Fly Smith does not charge any fee for your participation in Marketing or Messaging Text or Alert Programs. Check with your wireless carrier for details regarding message or data rates or charges that may apply.
For additional support contact: theflysmith@gmail.com
24. Effective Date
Our current Terms of Use were last updated September 9, 2024.
Note: The Fly Smith is working on adding additional functionality to theflysmith.co and some portions of the Terms of Use may not yet apply.
Thank You for Your Patience as we add functions to TheFlySmith.co and We hope that You will join The Fly Smith on one of the Live Stream Broadcasts, normally scheduled for 9pm EST nightly.
Privacy Policy
Privacy Policy of TheFlySmith
Last updated: September 10, 2024
We are “TheFlySmith” or “the Site”. This Privacy Policy outlines how we collect, use, and protect your personal information when you use our services.
You can contact us at: theflysmith@gmail.com
Table of contents
• Introduction
• Contact information
• Types of data collected
• Mode and place of processing personal data
• Detailed information on the processing of personal data
• Further information
• Your rights based on the General Data Protection Regulation (GDPR)
• Further information if you reside in Switzerland
• Further information if you reside in Brazil
• Further information if you reside in California
• Further information if you reside in Virginia
• Further information if you reside in Colorado
• Further information if you reside in Connecticut
• Further information for Utah consumers
• Additional information about data collection and processing
• Definitions and legal references
Introduction
What is this policy about?
This document explains how this website (theflysmith.co”) or “TheFlySmith” and/or the “Site”, collects, uses, and protects your personal data to achieve the purposes outlined in this document.
What is personal data?
Personal data refers to information that can be used to identify you directly or indirectly. This includes details such as first name, last name, email address, tracking technologies (like cookies or tracking pixels), User activity, and/or device information used to access the Site. You can find detailed information on each type of personal data collected in dedicated sections of this Privacy Policy.
This document was generated with the use of the Privacy Policy template by iubenda.
TheFlySmith
Contact Information
Address:
147 Granite Drive
Stanley, VA 22951
Email: theflysmith@gmail.com
Phone: (540) 742-2147
Types of data collected
The types of personal data that TheFlySmiyh collects, by itself or through third parties, may include:
• first name;
• last name;
• cell Phone Number;
• IMEI Number;
• email address;
• shipping address;
• Trackers;
• Usage data
Complete details on each type of personal data collected are provided in the dedicated sections of this Privacy Policy or by specific explanation texts displayed prior to data collection. Personal data may be freely provided by you, or, in the case of Usage data, collected automatically when using the Site. Unless specified otherwise, all data requested by TheFlySmith is mandatory, and failure to provide the requested data may make it impossible for TheFlySmith to provide its products and/or services.
In cases where TheFlySmith specifically states that some personal data is not mandatory, you are free not to communicate this data without consequences to the availability or the functioning of TheFlySmith’s services.
Any use of cookies – or of other tracking tools — by this Site, TheFlySmith, or by the Owners of Third-Party services used by TheFlySmith, serve the purpose of providing services to you, in addition to any other purposes described in TheFlySmith’s Terms of Use and/or the Privacy Policy documents.
You are responsible for any Third-Party personal data obtained, published, and/or shared through TheFlySmith or such data that you post on the Site in any sections that are viewable by the general public.
Mode and place of processing personal data
Methods of processing
TheFlySmith takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of collected data. The data processing is carried out using computers and/or IT enabled tools, by following organizational procedures, and other modes strictly related to the processing of said data.
In addition to TheFlySmith, in some cases, the data may be accessible to certain types of persons in charge of, and/or involved with, the operation of the Site (e.g. administration, sales team, marketing team, legal team, third party website host and/or domain name Provider).
The data may also be accessible to external parties appointed, if necessary, as data processors by TheFlySmith.
An list of these parties may be requested from us at any time by contacting us at the contact details provided in this Privacy Policy document.
Place
The data is processed at our operating offices and in any other places where the parties involved in the processing are located. Depending on your location, data transfers may involve transferring your data to a country other than your own. To find out more about the place of processing of such transferred data, you can check the section containing details about the processing of personal data.
Retention time
Unless specified otherwise in this document, personal data shall be processed and stored for as long as required by the purpose they have been collected for, and may be retained for a longer time due to applicable legal obligations or based on your consent.
Detailed information on the processing of personal data
Your personal data is collected to allow TheFlySmith to provide our services and/or products, comply with TheFlySmith’s legal obligations, respond to law enforcement requests, protect TheFlySmith rights and interests (or yours, or those of third parties), detect any malicious or fraudulent activity, as well as, the purposes set out below:
Analytics
The services contained in this section enable TheFlySmith to monitor and analyze web traffic and can be used to keep track of your behavior.
Google Analytics (Universal Analytics) (Google LLC)
Google Analytics (Universal Analytics) is a web analysis service provided by Google, LLC (“Google”). Google utilizes the data collected to track and examine the use of this website, to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize ads of its own Advertising Network. In order to improve Your Advertising experience.
To understand Google's use of data, consult Google's partner policy and their Business data page.
Personal data processed: Trackers; Usage data
Place of processing: United States
Privacy policy: https://business.safety.google/privacy/
Opt-out link: https://tools.google.com/dlpage/gaoptout
Category of personal information collected according to the CCPA: internet or other electronic network activity information. This processing constitutes a sale according to the CCPA, VCDPA, CPA, CTDPA and UCPA
Displaying content from external platforms
This type of service allows you to view content hosted on external platforms directly from the pages of this Site and interact with them. Such services are often referred to as widgets and/or banner ADs, which are small elements placed on a website or app. They provide specific information and/or perform a particular function which often allow for user interaction.This type of service might still collect web traffic data for the pages where the service is installed, even when you do not use it.
Google Fonts (Google LLC)
Google Fonts is a typeface visualization service provided by Google LLC that allows this website to incorporate content of this kind on its pages.
To understand Google's use of data, consult Google's partner policy and their Business data page.
Personal data processed: Trackers; Usage data
Place of processing: United States
Privacy policy: https://business.safety.google/privacy/
Opt-out link: https://tools.google.com/dlpage/gaoptout
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
Contacting you
Contact form (this website)
By filling in the contact form with your data, you authorize this website to use these details to reply to your requests for information, quotes or any other kind of request as indicated by the form’s header.
Personal data processed: email address; first name; last name
Category of personal information collected according to the CCPA: identifiers. This processing constitutes: a sale according to the CCPA, VCDPA, CPA, CTDPA and UCPA
Further information
Legal basis of processing
We may process personal data relating to you if you have given your consent for one or more specific purposes:
• provision of data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof;
• processing is necessary for compliance with a legal obligation to which we are subject;
• processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;
• processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
In any case, we will gladly help to clarify the specific legal basis that applies to the processing, and whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract and/or provide you services.
Understanding how long we keep your information
When TheFlySmith collects your personal information, TheFlySmith keeps it for as long as required for the purposes it was collected. Sometimes, TheFlySmith might need to keep your personal information longer due to a legal obligation or based on your consent.
Here’s what that means in more detail. TheFlySmith will keep your personal information based on the purposes and reasons set out below:
• for contractual purposes: If we have concluded a contract with you, then we'll keep your information until the contract has been performed in full.
• for our legitimate interests: If we're using your personal information for purposes that are necessary and relevant to our business operations, we'll keep it as long as we need it for those purposes. You can learn more about these purposes within the relevant sections of this Privacy Policy document or by contacting TheFlySmith at theflysmith@gmail.com.
• with your consent: We may be allowed to retain personal data for a longer period whenever you have given consent to such processing, unless you withdraw your consent in writing at: Attn:Authorization theflysmith@gmail.com.
• legal obligations: TheFlySmith may be obliged to retain personal data for a longer period whenever required to fulfill a legal obligation or upon order of an authority.
Once the retention period expires, your personal data will be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be aenforced after expiration of the retention period.
Your rights based on the General Data Protection Regulation (GDPR)
You may exercise certain rights regarding your data processed by TheFlySmith. In particular, you have the right to do the following, to the extent permitted by law:
• Withdraw your consent at any time. You have the right to withdraw consent where you have previously given your consent to the processing of your personal data.
• Object to processing of your data. You have the right to object to the processing of your data, if the processing is carried out on a legal basis other than consent.
o If your personal data is processed for public interest, by an official authority, or for TheFlySmith legitimate business interests, you can object by providing a reason related to your particular situation.
o However, if your personal data is being processed for direct marketing purposes, you can object at any time, free of charge, and without any reason. If you do, TheFlySmith will stop using your personal data for marketing. To find out if we are using your data for direct marketing, please refer to the relevant sections of this document.
• Access your data. You have the right to learn if data is being processed by TheFlySmith, obtain disclosure regarding certain aspects of the processing,and obtain a copy of the data undergoing processing.
• Verify and seek rectification. You have the right to verify the accuracy of your data and ask for it to be updated or corrected.
• Restrict the processing of your data. You have the right to restrict the processing of your data. In this case, we will not process your data for any purpose other than storing it.
• Have your personal data deleted or otherwise removed. You have the right to obtain the erasure of your data from TheFlySmith.
• Receive your data and have it transferred to another controller. You have the right to receive your data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance.
• Lodge a complaint. You have the right to bring a claim before your competent data protection authority.
• Learn about the reason for data transfers. You are also entitled to learn about the legal basis for data transfers abroad, including to any international organization governed by public international law or set up by two or more countries, such as the United Nations.
• Know about security measures: You have the right to know about the security measures TheFlySmith take to safeguard your data.
How to exercise these rights
Any requests to exercise your rights can be directed to TheFlySmith. TheFlySmith’s full contact details can be found at the start of this document.
Such requests are free of charge and will be answered by TheFlySmith as early as possible, providing you with the information required by law.
Any rectification or erasure of personal data or restriction of processing will be communicated by TheFlySmith to each recipient, if any, to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort. At your request, TheFlySmith will inform you about those recipients.
Further information if you reside in Switzerland
This section applies to you if you reside in Switzerland, and supersedes any other possibly divergent or conflicting information contained in the Privacy Policy.
Further details regarding the categories of data processed, the purposes of processing, the categories of recipients of the personal data, if any, the retention period and further information about personal data can be found in the section titled “Detailed information on the processing of personal data” within this document.
Your rights according to the Swiss Federal Act on Data Protection
You may exercise certain rights regarding your data within the limits of law, including the following:
• right of access to personal data;
• right to object to the processing of your personal data (which also allows you to demand that processing of personal data be restricted, personal data be deleted or destroyed, specific disclosures of personal data to third parties be prohibited);
• right to receive your personal data and to have it transferred to another controller (data portability);
• right to ask for incorrect personal data to be corrected.
How to exercise these rights
Any requests to exercise your rights can be directed to TheFlySmith through the contact details provided at the start of this document. Such requests are free of charge and will be answered by TheFlySmith as early as possible, providing you with the information required by law.
Further information if you reside in Brazil
This section of the document integrates with and supplements the information contained in the rest of the Privacy Policy and is provided by the entity running this website, and if the case may be, its parent, subsidiaries, and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).
This section applies to all Users in Brazil (Users are referred to below, simply as “you”, “your”, “yours”), according to the "Lei Geral de Proteção de Dados" (the "LGPD"), and for such Users, it supersedes any other possibly divergent or conflicting information contained in the Privacy Policy. This part of the document uses the term “personal information” as it is defined in the LGPD.
The grounds on which we process your personal information
TheFlySmith can process your personal information solely if we have a legal basis for such processing. Legal bases are as follows:
• your consent to the relevant processing activities;
• compliance with a legal or regulatory obligation that lies with us;
• the carrying out of public policies provided in laws or regulations or based on contracts, agreements and similar legal instruments;
• studies conducted by research entities, preferably carried out on anonymized personal information;
• the carrying out of a contract and its preliminary procedures, in cases where you are a party to said contract;
• the exercising of TheFlySmith’s rights in judicial, administrative or arbitration procedures;
• protection or physical safety of yourself or a third party;
• the protection of health – in procedures carried out by health entities or professionals;
• our legitimate interests, provided that your fundamental rights and liberties do not prevail over such interests; and
• credit protection.
To find out more about the legal bases, you can contact us at any time using the contact details provided at the start of this document.
Categories of personal information processed
To find out what categories of your personal information are processed, you can read the section titled “Detailed information on the processing of personal data” within this document.
Why TheFlySmith process your personal information
To find out why TheFlySmith process your personal information, you can read the sections titled “Detailed information on the processing of personal data” and “The purposes of processing” within this document.
Your Brazilian privacy rights
You have the right to:
• obtain confirmation of the existence of processing activities on your personal information;
• access to your personal information;
• have incomplete, inaccurate or outdated personal information rectified;
• obtain the anonymization, blocking or elimination of your unnecessary or excessive personal information, or of information that is not being processed in compliance with the LGPD;
• obtain information on the possibility to provide or deny your consent and the consequences thereof;
• obtain information about the third parties with whom we share your personal information;
• obtain, upon your express request, the portability of your personal information (except for anonymized information) to another service or product provider, provided that our commercial and industrial secrets are safeguarded;
• obtain the deletion of your personal information being processed if the processing was based upon your consent, unless one or more exceptions provided for in art. 16 of the LGPD apply;
• revoke your consent at any time;
• lodge a complaint related to your personal information with the ANPD (the National data Protection Authority) or with consumer protection bodies;
• oppose a processing activity in cases where the processing is not carried out in compliance with the provisions of the law;
• request clear and adequate information regarding the criteria and procedures used for an automated decision; and
• request the review of decisions made solely on the basis of the automated processing of your personal information, which affect your interests. These include decisions to define your personal, professional, consumer and credit profile, or aspects of your personality.
You will never be discriminated against, or otherwise suffer any sort of detriment, if you exercise your rights.
How to file your request
You can file your express request to exercise your rights free from any charge, at any time, by using the contact details provided at the start of this document, or via your legal representative.
How and when we will respond to your request
Prompt responses
We will strive to promptly respond to your requests. In any case, should it be impossible for us to do so, we’ll make sure to communicate to you the factual or legal reasons that prevent us from immediately, or otherwise ever, complying with your requests. In cases where we are not processing your personal information, we will indicate to you the physical or legal person to whom you should address your requests, if we are in the position to do so.
Access or processing confirmation requests
If you file an access or personal information processing confirmation request, please make sure that you specify whether you’d like your personal information to be delivered in electronic or printed form. You will also need to let us know whether you want us to answer your request immediately, in which case we will answer in a simplified fashion, or if you need a complete disclosure instead. In the latter case, we’ll respond within thirty (30) days from the time of your request, providing you with all the information on the origin of your personal information, confirmation on whether records exist, any criteria used for the processing and the purposes of the processing, while safeguarding our commercial and industrial secrets.
Rectification, deletion, anonymization or personal information blocking requests
If you file a rectification, deletion, anonymization or personal information blocking request, we will make sure to immediately communicate your request to other parties with whom we have shared your personal information in order to enable such third parties to also comply with your request — except in cases where such communication is proven impossible or involves disproportionate effort on our side.
Transfer of personal information outside of Brazil permitted by the law
We are allowed to transfer your personal information outside of the Brazilian territory in the following cases:
• when the transfer is necessary for international legal cooperation between public intelligence, investigation and prosecution bodies, according to the legal means provided by the international law;
• when the transfer is necessary to protect your life or physical security or those of a third party;
• when the transfer is authorized by the ANPD;
• when the transfer results from a commitment undertaken in an international cooperation agreement;
• when the transfer is necessary for the execution of a public policy or legal attribution of public service;
• when the transfer is necessary for compliance with a legal or regulatory obligation, the carrying out of a contract or preliminary procedures related to a contract, or the regular exercise of rights in judicial, administrative or arbitration procedures.
Further information if you reside in California
About this section
This section of the document integrates with and supplements the information contained in the rest of the Privacy Policy and is provided by the business running this Website and, if the case may be, its parent, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).
Applicability
This section applies to all users (users are referred to below, simply as “you”, “your”, “yours”), who are consumers residing in the state of California, United States of America, according to the "California Consumer Privacy Act of 2018" (the "CCPA"), as updated by the "California Privacy Rights Act" (the "CPRA") and subsequent regulations. For such consumers, this section supersedes any other possibly divergent or conflicting information contained in the privacy policy.
Definition
This part of the document uses the term “personal information“ as defined in the California Consumer Privacy Act(CCPA/CPRA).
Categories of personal information that we collect
• We have collected the following categories of personal information about you:
o identifiers, and
o internet or other electronic network activity information
• We do not collect sensitive personal information.
• We will not collect additional categories of personal information without notifying you.
What are the purposes for which we use your personal information?
Business Purposes
We may use your personal information to allow the operational functioning of this website and features thereof. In such cases, your personal information will be processed in a fashion necessary and proportionate to the business purpose for which it was collected, and strictly within the limits of compatible operational purposes.
Commercial Purposes
We may also use your personal information for other reasons such as for commercial purposes, as well as for complying with the law and defending our rights before the competent authorities where our rights and interests are threatened, or we suffer an actual damage.
No unexpected or incompatible purposes
We won’t process your information for unexpected purposes, or for purposes incompatible with the purposes originally disclosed, without your consent.
How long do we keep your personal information?
Unless stated otherwise inside the “Detailed information on the processing of personal data” section, we will not retain your personal information for longer than is reasonably necessary for the purpose(s) they have been collected for.
What are the sources of the personal information we collect?
We collect the above-mentioned categories of personal information, either directly or indirectly, from you when you use this website.
Direct Collection: For example, you directly provide your personal information when you submit requests via any forms on this website.
Indirect Collection: You also provide personal information indirectly when you navigate this website, as personal information about you is automatically observed and collected.
Third Parties: Finally, we may collect your personal information from third parties that work with us in connection with the service or with the functioning of this Application and features thereof.
How we use the information we collect
Disclosing of your personal information with third parties for a business purpose
For our purposes, the word “third party” means a person who is not any of the following: a service provider or a contractor, as defined by the CCPA.
We disclose your personal information with the third parties listed in detail in the section titled “Detailed information on the processing of personal data” within this document. These third parties are grouped and categorized in accordance with the different purposes of processing.
Sale or sharing of your personal information
For our purposes, the word “sale” means any “selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating orally, in writing, or by electronic means, a consumer's personal information by the business to a third party, for monetary or other valuable consideration”, as defined by the CCPA.
This means that, for example, a sale can happen whenever an application runs ads, or makes statistical analyses on the traffic or views, or simply because it uses tools such as social network plugins and the like.
For our purposes, the word “sharing” means any “sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged”, as defined by the CCPA. Please note that the exchange of personal information with a service provider pursuant to a written contract that meets the requirements set by the CCPA, does not constitute a sale or sharing of your personal information.
Opt-Out Rights
We sell or share your personal information with the third parties listed in detail in the section titled “Detailed information on the processing of personal data” within this document. These third parties are grouped and categorized in accordance with the different purposes of processing.
You have the right to opt out of the sale or sharing of your personal information. This means that whenever you request us to stop selling or sharing your personal information, we will abide by your request. Such requests can be made freely, at any time, without submitting any verifiable request. To fully exercise your right to opt out, you can contact us at any time using the contact details provided at the start of this document. For a simplified opt-out method you can also use the privacy choices link provided on this website.
If you want to submit requests to opt out of the sale or sharing of personal information via a user-enabled global privacy control, like the Global Privacy Control (“GPC”), you are free to do so and we will abide by such request in a frictionless manner (as defined in the CPRA regulations). The GPC consists of a setting or extension in the browser or mobile device and acts as a mechanism that websites can use to indicate they support the GPC signal. If you want to use GPC, you can download and enable it via a participating browser or browser extension. More information about downloading GPC is available here.
We use any personal information collected from you in connection with the submission of your opt-out request solely for the purposes of complying with the opt-out request. Once you have opted out, we are required to wait at least twelve (12) months, before asking whether you have changed your mind.
Your privacy rights under the California Consumer Privacy Act and how to exercise them
The right to access personal information: the right to know and to portability
You have the right to request that we disclose to you:
• the categories of personal information that we collect about you;
• the sources from which the personal information is collected;
• the purposes for which we use your information;
• to whom we disclose such information;
• the specific pieces of personal information we have collected about you.
You also have the right to know what personal information is sold or shared and to whom. In particular, you have the right to request two separate lists from us where we disclose:
• the categories of personal information that we sold or shared about you and the categories of third parties to whom the personal information was sold or shared;
• the categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.
The disclosure described above will be limited to the personal information collected or used over the past twelve (12) months.
If we deliver our response electronically, the information enclosed will be "portable", i.e. delivered in an easily usable format to enable you to transmit the information to another entity without hindrance — provided that this is technically feasible.
The right to request the deletion of your personal information
You have the right to request that we delete any of your personal information, subject to exceptions set forth by the law (such as, including but not limited to, where the information is used to identify and repair errors on this website, to detect security incidents and protect against fraudulent or illegal activities, to exercise certain rights etc.).
If no legal exception applies, as a result of exercising your right, we will delete your personal information and notify any of our service providers and all third parties to whom we have sold or shared the personal information to do so — provided that this is technically feasible and doesn’t involve disproportionate effort.
The right to correct inaccurate personal information
You have the right to request that we correct any inaccurate personal information we maintain about you, considering the nature of the personal information and the purposes of the processing of the personal information.
The right to opt out of sale or sharing of personal information and to limit the use of your sensitive personal information
You have the right to opt out of the sale or sharing of your personal information. You also have the right to request that we limit our use or disclosure of your sensitive personal information.
The right of no retaliation following opt-out or exercise of other rights (the right to non-discrimination)
We will not discriminate against you for exercising your rights under the CCPA. This means that we will not discriminate against you, including, but not limited to, by denying goods or services, charging you a different price, or providing a different level or quality of goods or services just because you exercised your consumer privacy rights.
However, if you refuse to provide your personal information to us or ask us to delete or stop selling your personal information, and that personal information or sale is necessary for us to provide you with goods or services, we may not be able to complete that transaction.
To the extent permitted by the law, we may offer you promotions, discounts, and other deals in exchange for collecting, keeping, or selling your personal information, provided that the financial incentive offered is reasonably related to the value of your personal information.
How to exercise your rights
• To exercise the rights described above, you need to submit your verifiable request to us by contacting us via the details provided at the start of this document.
• For us to respond to your request, it’s necessary that we know who you are. Therefore, you can only exercise the above rights by making a verifiable request which must:
o provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative;
o describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
• We will not respond to any request if we are unable to verify your identity and therefore confirm the personal information in our possession actually relates to you.
• Making a verifiable consumer request does not require you to create an account with us. We will use any personal information collected from you in connection with the verification of your request solely for the purposes of verification and shall not further disclose the personal information, retain it longer than necessary for purposes of verification, or use it for unrelated purposes.
• If you cannot personally submit a verifiable request, you can authorize a person registered with the California Secretary of State to act on your behalf.
• If you are an adult, you can make a verifiable request on behalf of a child under your parental authority.
• You can submit a maximum number of two (2) requests over a period of twelve (12) months.
How and when we are expected to handle your request
• We will confirm receipt of your verifiable request within 10 days and provide information about how we will process your request.
• We will respond to your request within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to ninety (90) days to fulfill your request.
• Our disclosure(s) will cover the preceding twelve (12) month period. Only with regard to personal information collected on or after January 1, 2022, you have the right to request that we disclose information beyond the twelve (12) month period, and we will provide them to you unless doing so proves impossible or would involve a disproportionate effort.
• Should we deny your request, we will explain you the reasons behind our denial.
• We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, we may charge a reasonable fee, or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind it.
Further information if you reside in Virginia
This section of the document integrates with and supplements the information contained in the rest of the privacy policy and is provided by the controller running this Application and, if the case may be, its parent, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).
This section applies to you if you reside in the Commonwealth of Virginia, according to the “Virginia Consumer data Protection Act" (the "VCDPA"), and, it supersedes any other possibly divergent or conflicting information contained in the privacy policy. This part of the document uses the term “personal data” as defined in the VCDPA.
Categories of personal data processed
You can read about these activities in detail in the section titled “Detailed information on the processing of personal data” within this document.
Types of personal data we collect
• We have collected the following categories of personal data: identifiers and internet information
• We do not collect sensitive data.
• We will not collect additional categories of personal data without notifying you.
Why we process your personal data
To find out why we process your personal data, you can read the sections titled “Detailed information on the processing of personal data” and “The purposes of processing” within this document.
We won’t process your information for unexpected purposes, or for purposes incompatible with the purposes originally disclosed, without your consent. You can freely give, deny, or withdraw such consent at any time using the contact details provided at the start of this document.
How we use the data we collect: sharing of your personal data with third parties
We share your personal data with the third parties listed in detail in the section titled “Detailed information on the processing of personal data” within this document. These third parties are grouped and categorized in accordance with the different purposes of processing. For our purposes, the word "third party" means "a natural or legal person, public authority, agency, or body other than the consumer, controller, processor, or an affiliate of the processor or the controller" as defined by the VCDPA.
Sale of your personal data
For our purposes, the word “sale” means any “exchange of personal data for monetary consideration by us to a third party” as defined by the VCDPA. Please note that according to the VCDPA, the disclosure of personal data to a processor that processes personal data on behalf of a controller does not constitute a sale. In addition, other specific exceptions set forth in the VCDPA may apply, such as, but not limited to, the disclosure of personal data to a third party for the provision of a product or service requested by you. As specified in the “Detailed information on the processing of personal data” section of this document, our use of your personal information may be considered a sale under VCDPA.
Your right to opt out of the sale of your personal data and how you can exercise it
You have the right to opt out of the sale of your personal data. This means that whenever you request us to stop selling your data, we will abide by your request. To fully exercise your right to opt out you can contact us at any time using the contact details provided at the start of this document.
We use any personal data collected from you in connection with the submission of your opt-out request solely for the purpose of complying with the request.
Processing of your personal data for targeted advertising
We do not process your personal data for targeted advertising. If we decide to do so, we will inform you beforehand and will grant your right to opt out of the processing of your personal data for targeted advertising.
Your privacy rights under the Virginia Consumer data Protection Act and how to exercise them
You may exercise certain rights regarding your data processed by us. You have the right to do the following:
• access personal data: the right to know. You have the right to request that we confirm whether we are processing your personal data. You also have the right to access such personal data.
• correct inaccurate personal data. You have the right to request that we correct any inaccurate personal data we maintain about you, considering the nature of the personal data and the purposes of the processing of the personal data.
• request the deletion of your personal data. You have the right to request that we delete any of your personal data.
• obtain a copy of your personal data. We will provide your personal data in a portable and usable format that allows you to transfer data easily to another entity — if this is technically feasible.
• opt out of the processing of your personal data for the purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
• non-discrimination. We will not discriminate against you for exercising your rights under the VCDPA. This means that we will not, among other things, deny goods or services, charge you a different price, or provide a different level or quality of goods or services just because you exercised your consumer privacy rights. However, if you refuse to provide your personal data to us or ask us to delete or stop selling your personal data, and that personal data or sale is necessary for us to provide you with goods or services, we may not be able to complete that transaction. To the extent permitted by the law, we may offer a different price, rate, level, quality, or selection of goods or services to you, including offering goods or services for no fee, if you have exercised your right to opt out, or our offer is related to your voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.
How to exercise your rights
• To exercise the rights described above, you need to submit your request to us by contacting us via the contact details provided at the start of this document.
• For us to respond to your request, we need to know who you are.
• We will not respond to any request if we are unable to verify your identity using commercially reasonable efforts and therefore confirm that the personal data in our possession relates to you. In such cases, we may request that you provide additional information which is reasonably necessary to authenticate you and your request.
• Making a consumer request does not require you to create an account with us. However, we may require you to use your existing account. We will use any personal data collected from you in connection with your request solely for the purposes of authentication, without further disclosing the personal data, retaining it longer than necessary for purposes of authentication, or using it for unrelated purposes.
• If you are an adult, you can make a request on behalf of a child under your parental authority.
How and when we are expected to handle your request
• We will respond to your request without undue delay, but in all cases and at the latest within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfill your request.
• Should we deny your request, we will explain to you the reasons behind our denial without undue delay, but in all cases and at the latest within forty-five (45) days of receipt of the request. It is your right to appeal such decision by submitting a request to us via the details provided in this document. Within Sixty (60) days of receipt of the appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied you may contact the Attorney General to submit a complaint.
• We do not charge a fee to respond to your request, for up to two requests per year. If your request is manifestly unfounded, excessive or repetitive, we may charge a reasonable fee or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind them.
Further information if you reside in Colorado
This section of the document integrates with and supplements the information contained in the rest of the privacy policy and is provided by the controller running this website and, if the case may be, its parent, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).
This section applies to you if you reside in the State of Colorado, according to the “Colorado Privacy Act" (the "CPA"), and, supersedes any other possibly divergent or conflicting information contained in the privacy policy.
This part of the document uses the term “personal data” as defined in the CPA.
Categories of personal data processed
In this section, we summarize the categories of personal data that we've processed and the purposes thereof. You can read about these activities in detail in the section titled “Detailed information on the processing of personal data” within this document.
Categories of personal data we collect
• We have collected the following categories of personal data: identifiers and internet informati
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