EFFECTIVE JUNE [27 ] 2016

PRIVACY POLICY

This website “Privacy Policy” advises you about the information that Ninety Degrees South, LLC (hereinafter “we”, “NDS”, or “90 Degrees South”) collects from you when you visit or use NDS’s website (the “Site”), and how we use, share, and protect that information.  Since NDS is firmly committed to maintaining the confidentiality of your personal information, we urge you to read and fully comprehend, and to make a practice of staying abreast of any and all updates to, our Privacy Policy.  (Note:  This Privacy Policy supplements, and is incorporated by reference into, NDS’s Terms of Service (“TOS”).  Thus, any capitalized terms not expressly defined herein shall have the meanings ascribed to them in the TOS.)

1. TO WHOM DOES THIS PRIVACY POLICY APPLY

This Privacy Policy applies to any user who visits or uses the Site.  This may include users in the United States or its territories and possessions, and any foreign country or international location.  This Privacy Policy does not apply to, and is not intended for, any users under the age of 18, as we do not knowingly solicit or collect any information on the Site from minors.

By visiting or using the Site, you agree to be bound by the terms of this Privacy Policy.  If you do not agree to these express terms and conditions, please do not use, explore, or navigate any part of the Site.

1. SPECIAL INTERNATIONAL USER NOTICE

You acknowledge, understand, and agree that, because NDS is headquartered in the United States, we may (a) transfer information collected from you on the Site to the United States, and (b) use and disclose your information in accordance with this Privacy Policy.

1. LINKED THIRD-PARTY SITES

The Site may provide links to various third-party sites (e.g., third-party social networking sites) that we do not own, control, or routinely monitor.  If at any time you link to such third-party sites or use any features therein, you do so at your own risk.  NDS shall not be responsible for the website content or any business practices of any third-party site, even if our branding is displayed on such sites.

1. INFORMATION WE COLLECT AND WHEN WE COLLECT IT

At certain times, as discussed below, we may collect various forms of information from you during your use of and transactions on the Site, including the following personal data:

• your name;
• your mailing address(es);
• your e-mail address(es);
• your contact telephone number(s);
• your payment information (i.e., bank account, debit card, or credit card information);
• your questions, concerns, or complaints;
• your opinions in a specific user poll or survey; and
• your shopping preferences

We may collect and use the foregoing personal data in several manners at certain times, as set forth below:

• when user registers for an account on the Site;
• when a user places an order or makes a purchase on the Site;
• when a user provides its physical mailing address(es) and confirmatory e-mail address(es) for shipment purposes;
• when a user signs up for e-mail promotions relating to special sales or discounts on the Site;
• when a user signs up for NDS’s periodic electronic newsletters;
• when a user initiates certain email correspondence with us and we respond to, assist, or otherwise transact business with such user via various electronic or telephonic communications;
• when a user requests Customer Service via e-mail;
• when a user uses available “Invite-A-Friend” features;
• when a user completes a Customer Satisfaction Survey;
• when a user voluntarily participates in blogging activities, provides feedback or comments, or makes recommendations or suggestions about the Service in a designated place or portal within the Site;
• when a user elects to join any available “loyalty program(s)” sponsored by the Site;
• when an inventory or shipment issue arises, we may need to contact a user via email or telephone, as appropriate;
• when a user visits, browses, or performs searches on the Site, certain information will be susceptible to automated collection via cookies and web technologies, so we can continuously improve the overall quality of the Site’s functionality; and
• when we are required by valid legal authority or governmental order to provide certain notices or updates to users concerning their privacy and data security

For clarity and the avoidance of doubt, any information you provide on the Site will be used by NDS or its authorized third-party administrators (contractors) primarily to review and process your order or purchase, and, in the due course of our business, to (a) minimize NDS’s risks and ensure NDS’s operational practices remain consistent with NDS’s published policies, (b) effectuate all user “Opt-Out” requests as promptly as possible; and (c) undertake any other necessary business measures and steps to establish appropriate physical, technical, and administrative safeguards within contours of this Privacy Policy.  Please also note that, in the spirit of professionalism and courtesy, we may use the information contained in your order (such as your personal contact information) to keep you informed about the status of your order or to notify you of any significant delays beyond our reasonable control.  (We do not sell, rent, or share any of your personally identifiable information for purposes of any third-party’s own marketing use.)

     V.            COOKIES AND WEB TECHNOLOGIES

We may use industry standard technologies (such as cookies, web beacons, and web logs) to automatically collect and remember certain information about your visit to the Site.  The information collected through these technologies may include, without limitation:

·         technical information about your computer system or other technological device (e.g., computer IP address, operating system type, web browser type, etc.);

·         usage information about how you navigate and interact with the Site (e.g., which links you click on, which pages or content you view, date and time of visit, which site you came from, and other similar information or statistics); and

·         certain login information (e.g., your user name for access to the Site, but not your account password).

The collection and use of this information allows us to:

·         Enhance the operation and functionality of the Site;

·         Troubleshoot technical problems, including security issues;

·         Tailor NDS’s online content or display messages matching your interests/preferences;

·         Save you time when you use the Site (e.g., remembering your user name for a smooth, efficient login experience);

·         Understand how people generally use the Site and which features are most popular; and

·         Analyze our website traffic to optimize the layout and structure of the Site.

Typically, we do not associate information collected and used for these purposes with your personally identifiable information (such as your name, mailing address, or email address).  Note that while you have a sole and absolute right to disable cookies through your browser, some parts of the Site may not work properly and your ability to enjoy full use of the Site may be precluded.

  VI.            THIRD-PARTY TRACKING

From time to time, we may allow third-party ad networks to collect and use your information to show you targeted ads (including NDS ads) on the Site or on other sites.  This typically involves the ad network collecting and tracking certain technical information (such as your IP address) and website usage information (such as your browsing history) on the Site and across many other sites on the web.  However, this does not involve the collection, use, or sharing of your personally identifiable information, such as your name, mailing address, or email address. 

We endeavor to maintain relationships only with third-party ad networks that have agreed to participate in the Network Advertising Initiative (NAI) and abide by NAI principles, which prohibit member organizations from connecting any personally identifiable information to any data or information they collect through cookies without your explicit consent.

You can opt-out from this type of third-party tracking at any time by going to http://www.networkadvertising.org/managing/opt_out.asp. 

VII.            CREATION AND DISCLOSURE OF AGGREGATED, NON-PERSONAL INFORMATION

We may use various third-party information by correlating it with certain data we have collected pursuant to this policy, with the sole intent of continuously improving the Site with respect to its utility and overall effectiveness.  If we do this, we will treat the acquired information like the information that we collected ourselves.  We will not share any information that we obtain from third-parties in personally identifiable form; provided, however, that we may share aggregated, non-personal information which may include information we obtained from third-parties in a form that does not permit you to be personally identified in any manner whatsoever. 

For clarity and the avoidance of doubt, aggregated, non-personal information is information that is combined with the non-personal information of other users and does not allow you to be personally identified or contacted.  Depending on the circumstances, we may or may not charge third-parties for this aggregated, non-personal information.  Additionally, we may elect not to limit such third-parties' use of the aggregated, non-personal information.

VIII.            DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION

The sharing practices described below only apply to information we collect from you on the Site—specifically for website-related purposes (e.g., registration, e-newsletter sign-up, online customer surveys, user queries, etc.).

We may share your website-related information (including your personal contact information) as set forth below:

·         With agents and contractors who help us run the Site or perform other necessary services on our behalf (e.g., e-newsletter delivery, mailing list management, etc.).  (These third-party companies are only allowed to access, handle, and use your information for the sole purpose of effectuating the specific functions they have been contracted to perform, and are required by contract to keep your information confidential and secure.)

·         When we believe it is reasonably necessary and prudent to investigate or to prevent any grievous harm, consumer fraud, abuse, illegal conduct, or other similarly adverse and compelling scenarios; or if legally mandated, including, without limitation, disclosures in connection with a lawsuit or legal investigation, court order, governmental inquiry, enforcement of legal rights (e.g., contract terms, intellectual property rights, etc.), physical threats or personal safety issues, a threat to homeland security, or a threat to or violation of NDS’s system or network

·         In the event of an acquisition, merger, sale, corporate restructuring, bankruptcy, or other similar event that involves NDS.  If such an event occurs or is probable, we will undertake commercially reasonable efforts to ensure that your personally identifiable information continues to be handled in accordance with this Privacy Policy, unless it is not practicable or permissible to do so.

  IX.            SECURING YOUR INFORMATION

NDS (including, without limitation, its website hosting service, Squarespace.com) uses a variety of industry-standard methods to keep the information you give us online confidential and secure.  These measures include, among other things, the use of industry-standard encryption to protect sensitive information and activities, storage of your information on firewall-protected servers, and limiting access to your information to only those NDS officers, employees, and third-party administrators (agents or contractors) who have (a) “bona fide” need to know it to fulfill their purpose; (b) been trained in the proper handling of personally identifiable and sensitive customer information; and (c) expressly agreed to preserve the confidentiality of such information.

For specificity, you should note that, during any e-commerce transactions (namely checkout processes) with NDS, you will receive an SSL (Secure Socket Layer) certificate with a minimum 256-bit encryption.  Please be aware that e-mail communications are generally unencrypted; thus, we urge you not to transmit any credit card data via e-mail, as it is widely regarded as an unsecure means of electronic transmission.  (WE WILL NEVER ASK FOR YOUR SENSITIVE INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD DATA) VIA EMAIL.)

At all times during NDS’s custody of your personal information, NDS (including its third-party service providers (i.e., webhost, payment processor, etc.)) will employ commercially effective physical, technical, and procedural safeguards to help secure your personally identifiable information and to minimize any potentially adverse conditions pertaining to the same.  Further, any NDS employees or contractors who misuse or misappropriate any user information, or violate this Privacy Policy in any manner, shall be subject to immediate disciplinary action, up to and including termination, and may also be subject to harsh criminal and civil penalties.

     X.            UPDATES TO YOUR ONLINE ACCOUNT AND OPTING-OUT FROM CERTAIN FEATURES OR SERVICES

If you created an online account on the Site, you can always access and update your account profile (including the name, contact information, and password associated with your account) by logging in to your account and clicking on “Profile”.  

If you ever sign up to receive our e-newsletter or other electronic marketing communications, you can always opt-out from receiving such communications by clicking on the “Unsubscribe” link provided at the bottom of each such email communication, or by contacting NDS’s Webmaster, as provided herein.

To opt-out from being tracked by third-party ad networks (for targeted advertising purposes), please go to http://www.networkadvertising.org/managing/opt_out.asp. 

  XI.            UPDATES TO THIS PRIVACY POLICY

If NDS revises the manner in which we handle your user-provided identifiable information, we will post such changes to this Privacy Policy.  For all material changes (i.e., substantially new practices you would not expect from us or that we did not previously disclose in this policy), we may elect to notify you via e-mail or by way of a conspicuous and prominent “Privacy Policy Update” alert on the Site (such as through a notice on the home page of the Site).

XII.            QUESTIONS AND CONCERNS ABOUT THIS PRIVACY POLICY

Should you have any questions or concerns about this Privacy Policy, or require special assistance in updating the information we possess about you and/or your preferences, please kindly contact NDS’s Webmaster at customercare@squarespace.com. 

You also may write to us directly at the following business address or email address:

90 Degrees South

Attn: Customer Service

PO Box 2437

Loganville, Georgia 30052

770/828-7376

E-mail: Customerservice@90degreessouth.com

XIII.            SUPPLIER QUESTIONS

If you require additional information on our suppliers, such as applicable credentials, please email us at Customerservice@90DegreesSouth.com. 

EFFECTIVE AS OF JUNE 27, 2016