Privacy Policy
We understand that you care how the information about you is collected, used and stored, and we appreciate your trust in protecting your privacy. We will do everything possible to make your visit and interaction to our website an easy, enjoyable and safe experience. While we may collect information, it is to personalize and enhance your online visit. We do respect your privacy and do not share information with anyone. This following notice explains our Privacy Policy to the best of our ability. Please read before taking any action.
PARTIES COVERED
This Privacy Policy is intended to cover all visitors to this website. Anyone who visits or views this website, intentionally or unintentionally, solicited or unsolicited, are described herein as “Visitors” and are parties to this Privacy Policy. The website, its agents, owners, operators and employees are referred to collectively as “Website” or “Site”.
POLICY ACCEPTANCE
Viewing, use or communication with this Website is construed as acceptance of this Privacy Policy. Such acceptance of the terms of this policy is a portion of the consideration required for your right to visit the Website. If you do not accept these terms, you have no right to visit this Site and are fraudulently using this Site.
PARTIES UNDER 18 YEARS OLD EXCLUDED
This Website is not lawfully accessible to anyone under the age of 18 or who are otherwise covered by the provisions of the Child Online Privacy Act of 1998 (COPA). If you are under the age of 18, you must leave this site immediately. Fraudulent use of this Website may make you subject to civil or criminal sanctions. In addition, this Website does not knowingly collect or solicit information from or about anyone under 18. If we learn we have unknowingly collected information from anyone under 18, we will delete that information. Parents should monitor and/or supervise their children’s online use to make their experience safer and more meaningful.
PARTIES EXCLUDED STILL COVERED
In the event that anyone excluded from this Website because of the Terms of Use or from denial of service by the Website, who nonetheless unlawfully views this Site, that person remains subject to the terms of this Privacy Policy and is in violation of the Terms of Use.
INFORMATION COLLECTION
This Website routinely collects information about its Visitors, obtained in various ways. This can include pages where you register for a newsletter or subscribe to a mailing list, can include your participation in visitor surveys, can include requesting information from the Website via email, mail, or phone, or can be from ordering a product. In addition, credit card information may occasionally be provided to the Website if a product is sold. This information is kept at the highest level of security and is never divulged to anyone except the merchant service provider or for the purpose of communication with the Visitor.
ONLINE ORDERING
Online ordering via SSL encrypted communication provided by shopping cart services supporting merchant service companies like Visa and MasterCard may provide information to the Website, but does not provide complete credit card numbers. In the process of online ordering, the Visitor provides, name, address, city, state, email address, phone number, CVV2 (back of card) number, and, occasionally a member password. In the case of online checks, additional information such as bank routing codes and account numbers, will also be provided by the Visitor. You should consider all this information possibly available to the Website, as this information may be used to deliver a product.
EMAIL OR TESTIMONIALS
If you are a Visitor and send an email to the Website, or if you communicate with the Site by phone or mail, the Website collects information about your communication and by communicating with the Site you give your permission to collect, archive, retrieve, and otherwise use any information collected. Any communication which, in its sole discretion, the Site deems to be a testimonial, may be publicized for commercial purposes. However, we never sell, barter, trade or rent your email address to any unauthorized third party.
REFERRING URLS OR EMAIL
If you send anyone the URL (Uniform Resource Locator) or one of our web pages or an email from this Site, you must assume some data is collected about your IP (Internet Protocol) address or your email address and the receiver. You must assume that referred emails or web pages may appear to come from your email. You must accept fully responsibility for referring pages or email to a friend and agree to indemnify this Site for any damage, intentional or unintentional that results from said referrals.
ELECTRONIC INFORMATION
Most websites, as well as this one, collect information about your computer, your email address and your IP address, usually automatically and through transparent electronic tools. You must assume that your web-use activity is monitored, tracked and information collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are. “Cookies” are alphanumeric identifier bits of computer code transferred to your hard drive. Websites use them to keep you ‘logged in’, to keep track of search criteria, to monitor use, to password protect use of the site or use of products sold by the site. Cookies can also be used to obtain information about your computer configuration, your use of your computer, or be used to electronically gather information about you. It may or may not be personal information, but by using this Site you are expressly giving permission to use ‘cookies’ and the information gathered from their use to benefit you. You also give permission to collect, archive, retrieve, and use any information collected for product offers to you. However, you may set your browser to refuse to accept cookies, which could possibly make certain portions or features of this Site inaccessible.
INFORMATION NOT SHARED
Credit card information or other financial information is not usually known to this Website. However, in the event that it is made known, that information is never revealed to anyone except to processing authorities or law enforcement agencies. However, the provider of such information gives express permission to this Website or its agents to use it in fraud protection or investigation, for credit risk reduction, or for litigation.
UCE OR SPAM
By providing information to this Website that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning Unsolicited Commercial Email (UCE), or spam, from this Website since, by providing such information, you agree to receive communication from us. However, all email communication with you shall contain an ‘unsubscribe’ link so you may notify the Website that you no longer wish to receive solicitations or information from the Website, and your name will be removed from the database.
THIRD PARTY AFFILIATES
Certain parties who provide the Website with services to conduct business may have access to the information concerning its Visitors. Such third parties service providers may include, but are not limited to; ISP Services, Web Hosting, Domain Registration, Email Delivery, Merchant Card Processing, Online Check Processing, Digital Delivery, Customer Service, Affiliate Sales, Marketing Services, Technical Services, Government Agencies and Law Enforcement. These third parties may have their own privacy and data collection policies and practices. However, we only provide such needed information in relation to the ability of these third parties to complete their required tasks, either in conjunction with the Website’s ability to serve the Visitor, or if required by law. We are in no way responsible for the policies, actions, or practices of such third parties.
DATA SECURITY
This Website takes measures to protect its data that contains information related to you. However, as a consideration for viewing this Site or interacting with this Site in any manner, you waive all claims of any nature against this Site concerning the loss, alteration, or misuse of information. You must assume it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm, and thus you agree this Site is not responsible for damages to you.
REVISIONS
The Website reserves the right to change this policy at its sole discretion at any time. You may not assume it remains the same, and you agree to check the policy each time you visit the Site for possible changes. You will receive no notification of changes to this policy, nor under any circumstances does this Site promise notification. Your continued use of this Site indicates your acceptance of the terms of this Privacy Policy and any updated modifications.
APPLICABLE LAW AND JURISDICTION
The Privacy Policy and the use of this Website are governed by California law. If any matter concerning this product purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction shall be Ventura County, California. As a consequence, Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of the owner, ONE HAND CLAPPING, LLC.
DISPUTES
If a dispute arises under this policy, the Visitor and the Website agree to try to resolve it with the help of a mutually agreed-upon mediator in Ventura County, California. In addition, as part of the consideration that the Website requires of the Visitor to view, use, or interact with this Site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy of any kind arising out of or relating to privacy issues, and terms of use issues. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to them. All hearings will take place in Ventura County, California. In no case do you have the right to go to court or have a jury trial, nor will you have the right to engage in pre-trial discovery except as provided in the rules. You also will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration. The arbitrator’s decision will final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees and travel expenses.
CONTACT
For any additional information about this policy, direct your questions, comments or concerns to:
ONE HAND CLAPPING, LLC