Terms of Use - Privacy Policy
WEBSITE USER PRIVACY NOTICE
This privacy notice describes your privacy rights regarding our collection, use, disclosure, retention, and protection of your personal information.
Owner
E RETAIL DEVELOPMENT INC– 222 C Merchandise Mart Plaza, Suite 1212, CHICAGO IL, 60654
Development: www.wix.com
Hosting: ns12.wixdns.net
Ergonomic design: wix.com
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This Notice was updated on September 23, 2016.
CONTENTS AND SUMMARY
Scope and Consent
This privacy notice describes your privacy rights regarding our collection, use, disclosure, retention, and protection of your personal information.
It also describes your choices regarding use, access and correction of your personal information.
It applies to any E RETAIL DEVELOPMENT INC Site where this notice appears in the footer, and to any E RETAIL DEVELOPMENT INC application, service, or tool where this notice is referenced, regardless of how you access or use them, including mobile devices.
You should read it to learn how E RETAIL DEVELOPMENT INC will process and protect your data.
By using the Sites where this Privacy Notice is displayed or referenced, you expressly consent to the terms of this Privacy Notice.
If all or part of E RETAIL DEVELOPMENT INC is sold, merged, or otherwise transferred to another entity, the information gathered by the transferred entity may be transferred as part of that transaction.
Personal Information
Throughout this Privacy Notice, we use the terms “personal information” or “personal data” to describe information that identifies a specific person, such as full name, email address or mailing address.
We do not consider personal information to include: business contact information, business information publicly available on the internet or other public sources, information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person, or information that merely identifies a computer or browser, or an ID number assigned to an anonymous person.
Changes to This Notice
We may amend this Privacy Notice at any time by posting the amended terms on this Site.
Any such amendment shall take effect when such amendment is posted on the Site.
If we make any material amendments, we will notify you by email (sent to the email address you provided) or by means of a notice on this Site prior to the amendment taking effect.
PRIVACY SHIELD CERTIFICATION
E RETAIL DEVELOPMENT INC, including members of the E RETAIL DEVELOPMENT INC corporate family, such as E RETAIL DEVELOPMENT INC South, L.P., participates in, and has certified its compliance with, the EU-U.S. Privacy Shield Framework.
E RETAIL DEVELOPMENT INC is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles.
To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.
E RETAIL DEVELOPMENT INC is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf.
E RETAIL DEVELOPMENT INC complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, E RETAIL DEVELOPMENT INC is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
In certain situations, E RETAIL DEVELOPMENT INC may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
USE AND RETENTION
Use
We use the information we gather to help us improve our services to offer the best user experience possible, to communicate with our Clients, or for other internal purposes and to generally operate the Sites. You agree that we may use your personal information as follows:
• To deliver information specific to your interests
• To create a profile detailing your service preferences so that we can best serve you
• To save you from having to re-enter your password each time you visit our site
• To better analyze our site traffic patterns so that we can bolster our Web offering
• To respond to your questions or to provide you with the information you have requested
Any non-personally identifiable material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to our Sites in any manner will be considered non-confidential and non-proprietary “User Communications.” E RETAIL DEVELOPMENT INC and each of our affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.
Retention
We retain your personal information only as long as it is necessary and relevant for our operations.
In addition, we retain personal information from closed accounts to: comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, and take other actions permitted by law.
CHOICE
You have a choice about how we use your personal information to communicate with you, send you marketing information, and provide you with customized and relevant advertising.
Advertising
We may partner with a third party to manage our advertising on other sites. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here or if located in the European Union, click here. Please note you will continue to receive generic ads.
Marketing
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services or content.
You may opt-out of the marketing messages we send at any time by utilizing the unsubscribe information provided in such message or by contacting us at privacy@smart-traffik.io.
If you choose to unsubscribe from emails, please click unsubscribe in the applicable email message. Rarely, we may need to contact you regarding non-promotional purposes. You cannot opt out of these operational emails.
ACCESS TO INFORMATION
Upon request E RETAIL DEVELOPMENT INC will provide you with information about whether we hold, as a data controller, any of your personal information. You may access, correct, or request deletion of your personal information by emailing us at privacy@smart-traffik.io. We will respond to your request within a reasonable timeframe.
E RETAIL DEVELOPMENT INC acknowledges that you have the right to access your personal information. E RETAIL DEVELOPMENT INC has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to E RETAIL DEVELOPMENT INC’s Client (the data controller). If requested to remove data we will respond within a reasonable timeframe. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that uses our service, please contact the Client directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients or vendors, as applicable.
DISCLOSURE
As stated above, we and our affiliates may collect and use the information collected at our Sites for any internal purpose and provide that information to our business partners and vendors to be used by them for such related purposes. We may also disclose personal information to respond to legal requirements, enforce our policies, respond to claims that user or Client content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with this Privacy Notice and applicable laws and regulations. As stated above, we never disclose your personal information to unaffiliated third parties for their marketing purposes without your explicit consent.
We may also share your personal information with:
• Members of the E RETAIL DEVELOPMENT INC corporate family to provide joint content and services (such as registration, transactions, and customer support), to share contact information and basic corporate information with sister companies for the purpose of marketing other products and services that may be relevant to your business, to help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches, and to guide decisions about products, services, and communications.
• Service providers under contract who help with parts of our business operations such as marketing and technology services. Our contracts dictate that these service providers only use information in connection with the services they perform for us and not for their own benefit;
• Law enforcement, government officials, or other third parties when we
• Are compelled to do so by a subpoena, court order or similar legal procedure, and
• Believe the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreements.
• Companies that we plan to merge with or be acquired by.
• Any other third party with your prior consent.
If you use a bulletin board, chat room, blog, or other public forum function on our Sites, you should be aware that any personal information you submit there may be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums.
SECURITY
We store and process your personal information on our computers in the US and elsewhere in the world where our facilities are located. We protect your information using reasonable technical and administrative security measures in an effort to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. You acknowledge and agree that our security measures are not a guarantee of security and that we are not responsible for loss or misuse of your personal information.
IMPORTANT INFORMATION
Children’s Privacy
The E RETAIL DEVELOPMENT INC Sites are general audience websites and are not intended for children under the age of 13. We do not knowingly collect personal information via our Sites from users in this age group. If we discover we have inadvertently gathered any personal information from this age group, appropriate steps will be taken to delete it.
Third Parties
This Privacy statement only applies to information received or collected by E RETAIL DEVELOPMENT INC Sites or information received and processed by E RETAIL DEVELOPMENT INC (and all members of its corporate family) from its Clients or its Clients’ third-party vendors. Our Sites do not control the privacy practices of third parties. Consumers who click on a link or advertisement, visit a third-party site, or interact with third-party content are subject to the privacy policies of those third parties, where applicable.
QUESTIONS OR COMPLAINTS
Questions regarding this Privacy Notice should be directed to E RETAIL DEVELOPMENT INC by email to privacy@smart-traffik.io or by regular mail to the attention of:
Privacy Manager
E RETAIL DEVELOPMENT INC
222 W Merchandise Mart Plaza, Suite 1212, CHICAGO IL, 60654
By phone: (312) 620-1958
WEBSITE LEGAL NOTICES
E RETAIL DEVELOPMENT INC website terms of use and legal restrictions.
Please read these terms and conditions carefully before using this web site. your use of this web site indicates your acceptance with the following terms and conditions. if you do not accept these terms and conditions, do not use this web site.
USE OF SITE
Subject to your use in accordance with these terms and conditions (the “Terms and Conditions”), E RETAIL DEVELOPMENT INC hereby authorizes you to view and access the materials at this Web site (“Web Site”) for your personal, non-commercial use only. E RETAIL DEVELOPMENT INC reserves the right to change any or all features, content, information, or other aspects of this Web Site at any time and from time to time without notice. All trademarks, trade names, logos, and service marks used on this Web Site (“Trademarks”) are Trademarks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right of use any such Trademarks displayed on this Web Site without the prior written permission of E RETAIL DEVELOPMENT INC or such third party owner. You may only copy the materials on this Web Site if you retain all copyright and other proprietary notices contained in the original materials on all copies of the materials. You may not modify the materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms and Conditions, any use of these materials on any other Web Site or networked computer environment for any purpose is prohibited. The materials at this Web Site are copyrighted and any unauthorized use of any materials at this Web Site may violate copyright, trademark, and other laws. If you breach any of these Terms and Conditions, your authorization to use this Web Site automatically terminates and you must immediately destroy any printed or copied materials. Notwithstanding the foregoing, E RETAIL DEVELOPMENT INC and each of its affiliates reserves all legal rights and remedies which they may have in connection with any unauthorized use of this Web Site or the materials or Trademarks located herein.
USER COMMUNICATIONS
Other than personally identifiable information, which is subject to this Web Site’s Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner is and will be considered non-confidential and non-proprietary (“User Communications”). E RETAIL DEVELOPMENT INC, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. E RETAIL DEVELOPMENT INC may, but is not obligated to, monitor or review any User Communications. E RETAIL DEVELOPMENT INC shall have no obligations to use, return, review, or respond to any User Communications. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, offensive, pornographic, or other material that would violate any law. E RETAIL DEVELOPMENT INC will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. E RETAIL DEVELOPMENT INC retains the right to remove any or all User Communications that includes any material E RETAIL DEVELOPMENT INC deems inappropriate or unacceptable.
LINKS TO OTHER WEB SITES
From time to time, this Web Site may contain links to other Web sites. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither E RETAIL DEVELOPMENT INC nor any of its affiliates is responsible for any content, materials or other information located on or accessible from any such Web site. Neither E RETAIL DEVELOPMENT INC nor any of its affiliates endorses, guarantees, or makes any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do this entirely at your own risk.
LINKS TO THIS WEB SITE
Creating or maintaining any link from another web site to any page on this web site without e retail development inc’s prior written permission is prohibited. running or displaying this web site or any material displayed hereon from this web site in frames or through similar means on another web site without e retail development inc’s prior written permission is prohibited. any permitted links to this web site must comply will all applicable laws.
disclaimer. the materials and services provided in connection with this web site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. neither e retail development inc nor any of its affiliates warrant the accuracy or completeness of the materials or services at this web site. the materials and services at this web site may be out of date, and neither e retail development inc nor any of its affiliates makes any commitment or assumes any duty to update the materials or services available through this web site. the foregoing exclusions of implied warranties do not apply to the extent prohibited by law. in such cases, e retail development inc’s liability will be limited as set forth in the limitation of liability section below. please refer to your local laws for any such prohibitions.
limitation of liability. in no event will e retail development inc, its officers, directors, employees, shareholders, affiliates, agents, successors, assigns, retailpartners nor any party involved in the creation, production or transmission of this web site be liable to any party for any direct, indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of your misuse, use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. the foregoing exclusions of implied warranties do not apply to the extent prohibited by law. please refer to your local laws for any such prohibitions. in the event e retail development inc is liable for any damages, its liability will be limited to the greater of (a) $50.00, or (b) the amount you paid to access the site during the three (3) month period prior to the accrual of the claim, if any. in the event the foregoing limitations are not permitted, e retail development inc’s liability shall be limited to the fullest extent permitted by applicable law. the foregoing limitation of liability shall not apply to e retail development inc’s own negligence or intentional conduct.
DISPUTES AND ARBITRATION AGREEMENT
Any dispute or claim relating in any way to the Website and E RETAIL DEVELOPMENT INC’s services, any dealings with E RETAIL DEVELOPMENT INC and E RETAIL DEVELOPMENT INC’s customer service agents, any representations made by E RETAIL DEVELOPMENT INC, and/or your use of our Website (including without limitation claims relating to the breach of the Terms and Conditions, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against E RETAIL DEVELOPMENT INC’s subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these Terms and Conditions, regardless of whether prior versions of the Terms and Conditions required arbitration.
Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
If for any reason a claim proceeds in court rather than in arbitration YOU AND E RETAIL DEVELOPMENT INC BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless you and E RETAIL DEVELOPMENT INC both agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph.
Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If a dispute arises E RETAIL DEVELOPMENT INC strongly encourages you to first contact E RETAIL DEVELOPMENT INC before starting arbitration or filing a claim in small claims court. E RETAIL DEVELOPMENT INC values its relationships with its customers and will try to resolve your claims informally and quickly.If your dispute is not resolved by before beginning arbitration, please send written notice describing the claim to the Office of the General Counsel at the following address:
E RETAIL DEVELOPMENT INC 222 W Merchandise Mart Plaza, Suite 1212, CHICAGO IL, 60654
By phone: (312) 620-1958
By email: copyright@smart-traffik.io
If the claim has not been resolved within thirty (30) days of sending the notice you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and forms are available at www.adr.org or by calling 877-495-4185.
LIMITATION ON STATUTE OF LIMITATIONS
To the extent permitted by law, you agree that any cause of action that you may desire to bring arising out of or related to these Terms and Conditions and/or this Web Site must commence within one (1) year after the cause of action arises or such cause of action is discovered after reasonable diligence; otherwise, such cause of action shall be permanently barred.
APPLICABLE LAWS - JURISDICTION
This Web Site is administered by E RETAIL DEVELOPMENT INC from its offices in Camden, Kent DE 19934. These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Delaware, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the courts of the Commonwealth of Delaware or the United States District Court of Delaware.
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide E RETAIL DEVELOPMENT INC’s designated agent with the following information:
• a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
• identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
• identification or description of where the material that you claim is infringing is located on the E RETAIL DEVELOPMENT INC site, with enough detail that we may find it on E RETAIL DEVELOPMENT INC’s website;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
E RETAIL DEVELOPMENT INC’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
By mail Attn: E RETAIL DEVELOPMENT INC 222 W Merchandise Mart Plaza, Suite 1212, CHICAGO IL, 60654
By phone: (312) 620-1958
By email: copyright@smart-traffik.io
E RETAIL DEVELOPMENT INC has adopted and implements a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of E RETAIL DEVELOPMENT INC and/or others.
Revisions to these Terms and Conditions. E RETAIL DEVELOPMENT INC may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
Last Revised September 26, 2016