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Posting Date: August 21, 2018

Effective Date: August 21, 2018

Link to Prior Privacy Policy: here

 

Welcome to www.bandier.com ("the Site"). Bandier Corp. (“Bandier”) is committed to respecting the privacy and security of your information.  This Privacy Policy applies only to the Site. 

By using the Site or by providing your information to us, you consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy, the Terms and Conditions, and any written agreement(s) executed and in effect in connection with any of our products or services.

1. What Information is Collected by Bandier or its Service Providers and When

The information we receive and how we use it depends on what you do when visiting the Site.  The Site and related services may require registration for access. As part of registration and related services, we ask you to provide us certain information about you.  You may provide us and our service providers personal information using the Site in a number of ways, for example by entering that information into data fields on the Site (e.g., by creating an account or subscribing to our updates) or in communications with us using the contact information at the end of this Privacy Policy or in the Terms and Conditions. Personal information includes data that specifically identifies you, such as your name, email address, mailing address, telephone number, and payment information. Public information is that information that you make publicly available through your account or by posting or otherwise communicating via the Site.

We may receive personal information from other sources.  For example, if you connect your social media account(s) to your account, the social media site may share information with us about your use of their services, including information about your profile, contacts, and viewed or liked content.  We encourage you to read the applicable privacy policies for your social media accounts.  We shall have no responsibility for the data collection and use practices of those social media sites.

When you purchase from the Site, Bandier and its service providers (including, but not limited to, PayPal, Amazon, and International Checkout Inc.) may collect your name, billing and shipping addresses, phone number, e-mail address, and credit card information. You provide this information so we can process and ship your order.

If you submit personal information about another person through the Site (e.g., in connection with placing an order), you represent that the information is correct and accurate, and that you have permission to use the information in accordance with this Privacy Policy.

Bandier and its service providers also collect certain non-personal information, data that does not identify you as an individual person.  This information tells us about how people use the Site so that we can analyze its effectiveness and provide you with a better web experience.  We collect and use this information through a variety of technologies, including “cookies” and analysis applications, as discussed below. 

(a)    Server Information

Like every website, the Bandier servers automatically and temporarily store the following information in the server log files. This information is provided by your browser, unless you have deactivated the function.

  • IP address of the enquiring computer
  • File query by the client
  • The http response code
  • The Internet page from which you visited us (referrer URL)
  • The time of the server query
  • The browser type and version
  • The operating system used on the enquiring computer

The server log files are not analyzed with respect to individuals. At no time can this data be attributed to specific individuals. 

(b)   Site Visit Tracking Technologies

As is standard practice on many websites, the Site may use “cookies” and other technologies to help Bandier understand which parts of the Site are the most popular and the preferences of the Bandier users. Bandier may also use cookies and other technologies to study traffic patterns on the Site, to improve its functionality and usability as well as to improve the effectiveness of our communications with users. Bandier may also use cookies to customize your experience and provide greater convenience to you during your interactions with the Site.

A cookie is a unique alphanumeric identifier that websites use to help identify the number of unique visitors to a website, whether or not those visitors are repeat visitors, and the source of the visits.  Cookies cannot be executed as code or used to deliver a virus and thus pose no threat to you.  Servers and sites other than the one placing the cookie on your hard drive cannot read the cookie, and no personal information can be gathered by other servers from the cookie.  If you prefer not to enable cookies or to disable them, you may do so through your web browser’s security settings.  Please note that certain features of the Site may not be available once cookies have been disabled.

Like most websites, the Site gathers certain information automatically and stores it in log files.  This information includes internet protocol (“IP”) addresses, browser type, operating system, internet service provider (“ISP”), referring/exit pages, date/time stamp of access, and clickstream data, and information about the content you view on the Site.  When you visit the Site, the servers automatically log your IP address, the time and duration of your visit, and the time and duration spent on the pages of the Site which you view.  If you arrive at the Site by clicking a paid advertisement or a link in a communication, then the server will capture information that tracks your visit from that link.  If you arrive at the Site by clicking on a non-paid source, such as a search engine result or link on another website, the server may capture information that tracks your visit from that source, to the extent available.

Some of our communications to you may contain a “click-through URL” which links to content on the Site.  When you click one of these URLs, it passes information through the Bandier web server before you arrive at the destination web page.  Bandier tracks this click-through data to help determine interest in particular topics and measure the effectiveness of our communications.  If you prefer not to be tracked, simply avoid clicking text or graphic links in emails you receive from Bandier.

Certain features of the Site may use local stored objects (“Flash cookies”) to collect and store information about your preferences and navigation to, from, and on our website.  Flash cookies are not managed by the same browser settings as are used for browser cookies.

Bandier additionally may use web beacons or pixel tags, which are tiny invisible graphic images, in the Site.  Web beacons and pixel tags may be used by Bandier to count users who have visited its webpages and for related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

(c)    Different Devices

If you use different devices (e.g., your smart phone, laptop, and/or home computer) to access the Site, we may be provided with and collect device-specific information, including your hardware model, operating system version, unique device identifiers, phone number, location, and mobile network information.  We may associate your device identifiers or phone number with your account information.

(d)   Third-Party Analytics

We may use third-party service providers (e.g., search engines) to collect and analyze information about use of the Site.  These service providers may utilize cookies and related technologies to collect personal information.

2. Use of Information

Bandier and its service providers may use your personal information to provide our services and to contact you in response to inquiries you submit.  Bandier and its service providers may use your information to manage our contractual relationship with you, because we have a legitimate interest to do so, and/or to comply with a legal obligation:

  • to present our Site and related content to you;
  • to provide you with information, products or services that you request from us;
  • to provide you with notices about your account;
  • to process your orders, including purchases of gift certificates;
  • in combination with other information for Site improvement and marketing and promotional purposes;
  • to provide more consistent and personalized services across the Site, including to personalize our advertising, marketing, and promotional efforts;
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • to notify you about changes to the Site or any products or services we offer or provide though it;
  • to allow you to participate in interactive features on the Site.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. 

3. When Bandier Discloses Your Information

We may disclose aggregated information about our users without restriction.  This data cannot be attributed to any specific individual.  Bandier may disclose aggregated user data in order to describe our services to current and prospective affiliates, and to other third parties for lawful purposes.

Bandier and its service providers may transfer information between them for business purposes.  For example, our service providers may handle technical support, payment processing, marketing, advertising delivery and tracking, or information analysis.  We furnish our service providers the information they need to perform these and other services, and we work with our service providers to respect and protect your information.  We may also provide your information to our affiliates.  The entities with which we share information may be located in the United States or other countries. 

In the event that Bandier or some of our assets are sold or transferred or used as security, or to the extent we engage in business negotiations with our business partners, the information collected on the Site may be transferred or shared with third parties as part of that transaction or negotiation.  We may also provide information or provide access to information to any of our affiliated businesses or to our business partners.

On rare occasions, we may disclose specific information without your consent and without notice to you as required to comply with laws and regulations, or to comply with court orders, subpoenas, or lawful discovery requests.  Information collected from you may also be used to investigate security breaches or otherwise cooperate with authorities.  We may also share information with companies assisting in fraud protection or investigation. 

We may disclose information about you without your consent and without notice to you as required to enforce or apply the Terms and Conditions, or other agreements, including for billing and collection purposes.


4.   Our Commitment to Data Security

To help prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Although we strive to keep your personal information secure, no safeguards can be guaranteed to be completely secure, so you should exercise caution when transferring personal information over the Internet.  Please advise us immediately at the address listed below of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.

5. International Orders

If you choose the “International Checkout” option during checkout, International Checkout Inc. (http://www.internationalcheckout.com/) will process your order.  Please note that you will leave the Site when you choose this option, and you will be subject to a different privacy policy (http://www.internationalcheckout.com/privacy-policy.php).  Please review this policy carefully, and direct any questions to support@internationalcheckout.com.


6. Third-Party Sites

The Site may contain links to other websites.  Please note that when you click on one of these links, you will leave the Site and will be subject to the policies and privacy practices of the other websites, which may differ significantly.  You should review the policies of other websites you visit.  Bandier is not responsible for the content, technology, security, or practices of linked sites operated by others, or for your use of linked sites. 


7.   Our Commitment to Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we do not knowingly collect or maintain information from children under the age of 13, and no part of the Site is aimed at or intended for anyone under the age of 13.  If we obtain actual knowledge that we have inadvertently collected personal information relating to a child under the age of 13, we will delete that information from our records.  If you believe we might have any information from or about a child under the age of 13, please contact us at customerservice@bandier.com


8.   How You Can Access or Control Your Information

You have choices about the collection, use, and sharing of your personal information, including:

  • You can access all your personally identifiable information that we collect online and maintain by visiting the My Account section of the Site. You may log in to your account and view or modify your saved information. We use this procedure to better safeguard your information.  You can also request a copy of your personal information.
    • You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.  You may also log in to your account and modify your saved information.
    • You can request that we stop using some or all of your personal information or restrict our use of your personal information.
    • You may opt-out of direct marketing or profiling we carry out for direct marketing by sending us an email at customerservice@bandier.com or by using the unsubscribe link at the bottom of our email communications.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions that occurred prior your request.  We will also retain your personal information if reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, or enforce the Terms and Conditions.

To learn more about how to make these requests, please contact us at customerservice@bandier.com.

9. How and When You Can Withdraw Consent

Data subjects who are residents and nationals of EEU region are covered by GDPR, and can withdraw your consent from Bandier at any time, for specific data processing that is based on your consent.  For email marketing and communications, please contact us at customerservice@bandier.com.  You can also unsubscribe using the links at the bottom of any of our emails to you.  If you do not wish to participate in our advertising personalization programs, you can opt out by unchecking the appropriate cookies. We do not allow third parties to track or collect your personal information on our sites for their own advertising purposes without your consent.  Please note that you can disable all cookies from your browser settings. However, the Site requires cookies to function and disabling all cookies will limit functionality of the site, including actions like adding products to a cart etc.

Under the GDPR, residents and nationals of the EEU have the following data rights:

  • Right to be informed: You have a right to know how and what personal data we collect from you and what we use it for. In this Privacy Policy, you will find that information.

  • Right to request access: You have the right to request access to the personal data held about you, to obtain confirmation that it is being processed, and to obtain certain prescribed information about how we process it.

  • Right to object applies to processing of your personal data where it is based on legitimate interests and where your data is processed for direct marketing or processed for the purposes of collating statistical information.

  • Right to restrict processing or “block” the use of your personal data, for instance where you believe your personal data is not accurate (until the accuracy can be verified).

  • Right to erasure: The right to have your personal data erased, also known as the “right to be forgotten” enables you to request the deletion or removal of personal data where there is no compelling reason for its continued use.  Requests for erasure may be refused in some circumstances such as where the personal data must be retained to comply with a legal obligation or to exercise or defend legal claims.

  • Right to rectification: You have the right to request to have your personal data corrected if it is inaccurate and to have incomplete personal data completed in certain circumstances.

  • The right to data portability allows you to obtain and reuse your personal data for your own purposes across different services; to move copy or transfer your personal data easily from one environment to another in a safe and secure way without hindrance to usability.

You may exercise your rights in relation to automated decision making in circumstances which have a legal effect or otherwise significantly affects you. This right allows individuals in certain circumstances to access certain safeguards against the risk that a potentially damaging decision is taken solely without human intervention. In specific instances, you have the right to request human intervention and an explanation of the automated decision and you may be able to challenge that decision.

If you are a resident or national of the European Economic Area (EEA) and would like to exercise your individual data subject access rights, please contact us at customerservice@bandier.com.

At this time only customers assessing our website from EEU regions can withdraw consent.

You can also contact us directly at customerservice@bandier.com should you have a question or need more information.

10. Personal Jurisdiction, Forum Selection and Legal Compliance


You acknowledge and agree that we make no representation that the Site is governed by or operated in accordance with the laws of other nations, or that the Site (or any portion thereof) is appropriate or available for use in any particular jurisdiction. Users who elect to access the Site, acknowledge and agree that they do so on their sole initiative and at their sole risk, and are solely responsible for complying with all local laws, rules and regulations. By using this Site, users from outside of the United States of America acknowledge this Site is subject to the laws and regulations of the United States of America and the State of New York and waive any claims that may arise under other laws. This Privacy Policy shall be governed solely by, and construed in accordance with New York law, notwithstanding conflict of laws provisions. Any disputes arising under this Privacy Policy shall be subject to the exclusive jurisdiction of the state and federal courts of the State of New York and venue shall lie in New York County and, by using the Site, you hereby submit to the personal jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.

11. Do Not Track

“Do Not Track” is a privacy setting that you may set in your web browsers.  If turned on, this setting requests that websites not track information about users.  At this time, we do not respond to “Do Not Track” browser settings or signals.

12. Data Retention

We retain personal information for as long as necessary to provide services to you and fulfill the transactions you have requested, or for other necessary purposes such as complying with our legal obligations and enforcing our agreements.  Retention periods vary depending on the type of information and how it is used.  The criteria we use to determine the appropriate retention periods include:

  • How long we have a relationship with you and provide services or products to you.
  • Whether there is a legal, contractual or similar obligation that requires us to keep your information for a certain period of time.
  • Whether you have consented to retention of your information for a longer period of time.

When we no longer need to use or retain your personal information, we will remove it from our systems or depersonalize it so that it cannot be used to identify you.

13. Cross-Border Transfers

We may transfer your personal information to other countries in compliance with applicable laws.  In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those countries may have access to your personal information.

14. Data Controller

The information about you that is collected, processed and/or used through the Site is controlled by Bandier.  The Site is hosted and provided outside of the European Economic Area (EEA), including in the United States.  The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your country.

You may reach our Data Protection Officer, Lisa Donnelly, at lisa@bandier.com .

15. Notice to California Residents

California Civil Code Section 1798.83, also known as the “Shine The Light” law, requires us to disclose to our California users free of charge and upon request, the identity of any third-parties to whom we have disclosed their personal information within the previous calendar year, along with the type of personal information disclosed, for the third-parties' direct marketing purposes.

If you are a California resident and would like to make such a request, please submit your request in writing to: customerservice@bandier.com

Please note that under California law, businesses are only required to respond to a customer request once during any calendar year.


16. Updates to this Privacy Policy

Bandier may update this Privacy Policy and the Site to reflect material changes in how we collect, use, share, or store your information, to satisfy legal requirements, or for other business purposes.  You should review this Privacy Policy when you visit the Site to understand our current practices.  The date at the top of the page shows when this Privacy Policy was last updated. 

We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current practices.  You consent to any changes we make to this Privacy Policy if you continue to use the Site after receiving a notice of the change or upon our posting of the new Privacy Policy on the Site. 

17. Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our legal counsel.  This Privacy Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word “including” is used, it means “including without limitation.” 

This Privacy Policy does not create or confer upon any individual any rights, or impose upon Bandier any rights or obligations outside of, or in addition to, any rights or obligations imposed by applicable country, state, and other privacy laws, as applicable.  Should there be, in a specific case, any inconsistency between this Privacy Policy and applicable privacy laws, this Privacy Policy shall be interpreted in that case to give effect to, and comply with, such privacy laws.

18. Contact Us

If you have questions or comments about this Privacy Policy or the Site, please contact us using the information below. 

Email: customerservice@bandier.com

Phone: (844) 837-5400

Cookies Policy

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