Privacy Policy

www.underthegumtree.com

Website Privacy Policy

www.underthegumtree.com (“Website”) and its owners and operators (“Owners”) are strongly committed to protecting the personal privacy of all Website users. For purposes of this Privacy Policy (“Privacy Policy”) any person accessing or using the Website is a “User,” regardless of the nature or duration of Website use.

1. Purpose and Applicability. This Privacy Policy is incorporated into and subject to the underthegumtree.com Terms of Use. The Website and its Owners have implemented this Privacy Policy to explain: (a) information gathered from and about Users by the Website and potential uses of that information, (b) User options with regard to disclosure and use of Personal Information and (c) each User’s ability to correct, withdraw, or delete the User’s own Personal Information. This Privacy Policy applies only to the Website. Other websites may contain similar or different privacy policies. This Privacy Policy does not apply to any person, entity, organization, or website to which the Website links or from which the Website is linked. Users are strongly encouraged to read and regularly review posted privacy policies on all websites.

2. No Sale; Nondisclosure. Website and its Owners do not sell, trade, or rent Users’ personal identifying information (“Personal Information”) except pursuant to this Privacy Policy or written permission from the relevant User. Neither Website nor its Owners sell or rent Users’ Personal Information to third parties. The Website and its Owners will not disclose Users’ Personal Information except as reasonably required: (a) by law or to comply with legal process served on the Website or its Owners, (b) to comply with Website policies, rules, procedures and practices, (c) to develop, improve, operate, maintain and debug the Website, or (d) to protect and defend the rights, property and personal safety of the Website, its Owners, Users, or the public.

3. Unsupervised Minors. The Website and its Owners are concerned about safe, supervised use of the Internet by Minors. For purposes of this Privacy Policy and the Terms of Use, “Minor” means any natural person under the age of eighteen (18) years. AFFN and Website do not knowingly collect information from Minors, permit Minors to register accounts or purchase goods or services from the Website, or permit Minors to access the Website without adult supervision and the consent of a parent or legal guardian. Use of the Website constitutes a warranty that the User is not a Minor or is using the Website with the full knowledge, supervision and consent of his or her parent or legal guardian. The Website Owners strongly encourage parents and legal guardians to review the Terms of Use and other posted Website policies, rules procedures and practices and to monitor use of the Internet by their Minor children. The Website reserves the right to block or terminate the account access of any User suspected or determined to be a Minor using the Website without the supervision and consent of his or her parent or legal guardian.

4. Cookies, Collection of Information. Users may browse and read publicly available Website content without revealing Personal Information other than default information customarily logged by the Website and its host server. The Website and its host server may automatically collect information from all Users, including without limitation: (a) date and time of access, (b) the User’s originating IP address, (c) the Internet address of third-party websites from which the User accessed the Website, and (d) portions of the Website the User views or accesses. The Website collects this information through the use of Cookies. “Cookies” means text files with electronic identifiers that store and retrieve information from and about Users, allowing the Website to recognize returning Users, track Website use, and maintain customized pages and preferences. Session Cookies expire when a User exits the Internet browser. Persistent Cookies remain on a User’s computer for a given time or until deleted. The Website uses both session and persistent Cookies. Cookies used by the Website do not collect personally identifiable information. The Website and its Owners do not combine information collected from or through the use of Cookies with other Personal Information to determine the identity or email address of Users without the individual User’s express consent. Creation of an Account on the Website constitutes the User’s consent for the Website and its Owners to collect and combine Personal Information. The Website collects and its Owners periodically review information collected using Cookies in order to provide access to Website and related services, to review and evaluate the usage and functionality of the Website, to establish priorities and allocate resources associated with the Website and related services, and for other internal informational purposes. The Website and its Owners may also use Cookies, web beacons or other programs to determine, on an anonymous basis, which parts of the Website are most frequently accessed. Users who wish to purchase goods or actively use other Website-related services may be required to provide certain Personal Information as part of those processes. Users always have the option to choose not to purchase goods and/or use services or features which require providing specific Personal Information.

5. Collection of Personal Information. The Website permits individual Users to purchase (“Purchase”) certain goods and services, and to register for personal accounts (“Accounts”) pursuant to the Terms of Use and other Website policies, rules, procedures and practices as established, posted and modified from time to time. As part of the Purchase and/or Account creation process, the Website may request specific Personal Information about the User, including without limitation the User’s name, age, address, e-mail address, login and password, and credit card or other payment information. The Website requires this information in order to process Purchases and/or create and maintain an Account for or on behalf of User and to provide User with access to services offered by the Website. The Website may use Cookies and other available technology to remember Users’ preferences, facilitate Website access, and verify Purchase and Account access information. Each User may access the User’s own Account and Purchase information for the limited purposes of viewing, verifying, altering, or updating Personal Information provided in connection therewith. The Website and its Owners reserve the right to keep copies of all information provided to or through the Website, even after Purchase completion and Account termination or closure.

6. E-Mail Contact. Users who make a Purchase or register for an Account must provide a valid e-mail address and certain other Personal Information. The Website and its Owners may use this Personal Information to contact Users for purposes of updating the information and providing notice of: (a) services offered by and through the Website, (b) changes to Website policies, rules, procedures and practices, and (c) the User’s Purchases and/or Account. The Website and its Owners do not engage in “spamming” or other illegal, unsolicited e-mail.

7. External Links. The Website may contain links to other Internet websites (“External Links”). External Links may be provided by advertisers or other third-party content providers not related to or affiliated with the Website or its Owners. Neither the Website nor its Owners have any control over third parties or their websites, whether or not those websites link to or from the Website. This Privacy Policy, along with other Website policies, rules, procedures and practices apply only to underthegumtree.com and do not apply to any External Links or linked sites. Users are advised and strongly encouraged to carefully review and understand the individual privacy policies of other websites. The Website and its Owners accept no responsibility or liability for the privacy policies or actions of third parties or for information provided to third parties, whether or not linked to or accessed through the Website.

8. Privacy Rights. Website Content is subject to a variety of legal rights, including without limitation copyright, privacy, and publicity rights. Use of information appearing on Website is subject to the Terms of Use and applicable law, and nonpermitted uses thereof may result in legal liability. No person may use or commercially exploit Website Content without the advance consent of the owner thereof, except as permitted by applicable law.

9. GDPR; International Data Transfers. This Website, and the servers and parties which made this Website available on a global scale, are located within and operate within the United States. The internet laws of the United States and California govern any and all matters relating to this Website, including content, as well as the principles of the General Data Protection Regulation (GDPR) as they apply to residents of the European Union. Any information you choose to provide through this website, including subscribing to a newsletter, opting-in to receive a free gift, or purchasing something will be transferred to the United States for processing. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information, and how it is stored by us. If transferred to another country, it may not have data protection laws that are as comprehensive or protective as those in your country of residence; however, our collection, storage, and use of your Personal Information will at all times be governed by this Privacy Policy. By visiting our Website, you acknowledge this information, and by submitting any personal information onto our Website, you hereby authorize this transfer and processing of information. By collecting and using your personal data, We are acting as a data controller, meaning we determine what information is collected, how long it is stored, and what the Personal Information will be used for. We utilize a third-party company to act as a data processor, which stores information such as names and email addresses that make up our email list. To the best of our ability, we have researched and concluded that all third-party data processors we use have advised us they are compliant with the General Data Protection Regulations as well.

10. Changes. The Website and its Owners reserve the right to change this Privacy Policy and all other Website policies and terms of use from time to time, with or without cause or prior notice. All changes will be posted on the Website, and are effective immediately upon posting. Users are responsible for reviewing the Privacy Policy and Terms of Use regularly. Use of the Website indicates the User’s full and complete agreement to the Privacy Policy, Terms of Use, and all other Website policies, as if the User had signed a written document agreeing thereto.