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Privacy PolicyGearfire, LLCLast updated: May 18, 2023 Gearfire, LLC and its affiliates (the “Company”, “we”, “our”, or “us”) respects your privacy and is committed to protecting it through this privacy policy (“Policy”). This Policy describes the type of information we may collect from you or that you may provide to us when you visit our websites at www.gearfire.com, www.gogearfire.com, and www.gearfirehub.com (the “Site”) and our policies and practices regarding how we collect, use and disclose that information. If you engage in services offered by Gearfire Capital (https://www.gogearfire.com/solutions/gearfire-capital), then you may be subject to other privacy policies, terms and conditions, and disclosures relevant to the those services that are not included in this Policy. BY ACCESSING OR BROWSING THE SITE, REGISTERING OR USING THE SERVICES AVAILABLE AT THE SITE, YOU CONSENT TO THE COLLECTION AND USE OF YOUR INFORMATION AS DESCRIBED IN THIS POLICY, AS MODIFIED FROM TIME TO TIME BY US. This Policy applies to information we collect:
We reserve the right, at any time and without notice to you, to add to, change, update, or modify this Policy. If we decide to change our Policy, we will post a new policy on our Site and change the date at the top of the Policy. Any change, update or modification will be effective immediately upon posting on our Site and will apply to any personal information provided to us on and after that date. Therefore, we encourage you to check the date of our Policy whenever you visit the Site for any updates or changes. If we make a material change to our Policy that affects how we collect or use your personal information, we will notify you the next time that you access your account at the Site by a pop-up notice that will require you to confirm your acceptance of the material change(s) to this Policy. Please see our Term of Use at www.gogearfire.com/legal/site-terms (the “Site Terms”) for a more detailed explanation of our general policies. If any conflict exists between the Site Terms and this Policy, the Site Terms will prevail. If you have any questions about this Policy or our use of your information, you can email us at privacy@gearfire.com. THE TYPES OF INFORMATION WE COLLECT. We collect several types of information on our Site that depend on how you use the Site. We collect “Personal Information”, which generally speaking is information that can be used to identify you individually, such as your name, age, mailing and email addresses, phone number, and other information that permits us to contact you at a physical location, online, or by electronic communication, including telephone or text messages (including by an automatic telephone dialing system). In general, you can browse the Site and “opt-out” from providing us with any Personal Information. Once you agree to provide us with Personal Information, you are no longer anonymous to us. If you choose to use and/or purchase products we may require you to provide contact and identity information, billing information, and other Personal Information as indicated on the forms throughout the Site. You always have the option to not provide information by choosing not to use with Site or purchase a particular product. We also collect information about you that does not itself identify you individually and aggregate information, which is information about use of our Site, such as pages visited on our Site. The information we collect depends on the purpose and nature of your interactions with the Site and on what services and features you use on our Site.
If you are a Retailer, you are required to submit information about your business, your business name, your name, the name of staff or other individuals associated with your business, an email address, password, and additional Personal Information. We also collect and store access information related to your account. If you register on our Site, you are required to submit an email address, password, and additional Personal Information. We also collect and store access information related to your account. When you have an account with us, the combination of your user name and your password is the key to your account at our Site. We recommend that you use a unique combination of letters, numbers, and special characters to create your password. You are responsible for all actions taken in the name of your account. You should not disclose your password to anyone. If you decide to share your password or lose control of your password, you may jeopardize the security and confidentiality of your Personal Information. Moreover, you may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us at privacy@gearfire.com and, if available, login to your account at the Site and change your password. For all Retailers, if you lose or forget your password, you need to contact us at support@gearfire.com. We may also track and retain the details of all transactions and communications between customers and Retailers and other users on our Site such as emails, feedback, ratings, sale and purchase of products or services, and any other forms of communications. In addition, our Site contains applications to enable you to connect to and from social networking sites and we may collect information about you and your business from such social networking sites in order to provide you with a more personalized experience. We may use and display your name when you send an email or other communication through our Site to users of the Site.
If you use our Site for purchases or financial transactions, for example selling products and making purchases, we collect information related to the purchase or transaction. This information includes your payment method (credit card or debit card number, account and authentication information), billing information, shipping and delivery details. Your payment may be charged through a third party payment processor that you select to use. You should look to the third party payment processors’ terms regarding payments. For Retailers and others who may obtain services from us that require monthly recurring billing, you authorize us to maintain your credit card and billing information and to charge you monthly, or other recurring basis, as indicated on the Site during the sign-up process or as indicated on any purchase order, license, enrollment form, or other agreement with us. You understand and agree that we may not send monthly invoices or bills for the recurring billing. Upon proper cancellation of the services requiring recurring billing pursuant to the agreement governing such services, we will cease authorizing further monthly recurring charges.
We partner with other companies to make financing services available to you that are provided through our Site. If you use our Site for purchases of certain products, you may opt-in at the check-out screen to determine if you qualify for financing. If you opt-in to determine if you qualify for financing, then our partners will conduct a non-scored soft credit inquiry to obtain your credit profile from credit reporting agencies. If you wish to not have your credit report pulled to assess and manage your credit risk, then you may choose to not opt-in for financing services. If you opt-in to determine if you qualify for financing, our partners and other third parties may offer additional financing products and services based on your credit report.
Our Site may have consumer review postings, chat rooms, discussion boards, online forums and other interactive technologies that allow individual comments and messages to be tied to a visitor's name or email address. Any information you post in these forums is public information and we cannot control what uses third parties may make of personal information you share in these forums.
We may collect information that identifies you personally when you submit comments, questions, or suggestions to us or to the Site using the Contact Us form or by email, including attached files in an email sent to us. We may also track and retain the details of all transactions and communications you have with other users such as emails, feedback, ratings, sale and purchase of products or services, and any other forms of communications. Any comments and any emails we receive from you immediately become our property subject to the terms of this Policy and the Site Terms.
If a visitor elects to share our Site with a friend or use any other types of referral service available at the Site for informing a friend about our Site, we ask for the friend’s name and email address. We may automatically send the friend a one-time text message or email inviting the friend to visit the Site. We store this information for the sole purpose of sending this one-time text message or email (and tracking the success of our sharing and referral programs). You and the friend may contact us at privacy@gearfire.com to request the removal of this information from our database. When you request the removal of such information from our database, we will remove it within a reasonable time.
We collect information from or about the computers and devices that you use to access the Site, as determined and allowed by the personal settings you have for the computer and device. We collect the Internet Protocol (IP) address, domain name, browser type, operating system, device settings, location, web log files, and other code tracking devices from any device you use to access our Site and any pages at our Site. You can turn-off and adjust settings on your computers and devices that will not allow us to collect information. For example, in many cellular devices, you can turn off location settings by selecting the “Settings” feature, choosing “Privacy” and turning-off “Location.”
Cookies are small files that are sent to your browser from a web server and stored on your computer, mobile phone, or other device. When you use the Site, we collect certain information by automated electronic means, which may include:
Throughout this Policy, we use the term “Cookies” to include Browser Cookies, Flash Cookies, Web Beacons, Session Cookies, Persistent Cookies, Analytics Cookies, Functional Cookies, and Targeting Cookies. The information from Cookies is also stored in web server logs, which are then transmitted back to the Site by your computers or mobile devices. These servers and Cookies are operated and managed by us and our service providers. As you use the Site and Services, your browsers communicate with servers operated by the Company and our service providers to coordinate and record the interactivity and fill your requests for services and information.
We may track, collect, and retain the details of transactions and communications you have with other users such as emails, feedback, ratings, sale and purchase of products or services, and any other forms of communication. In addition, our Site contains applications to enable you to connect to and from social networking sites and we may collect information about you and your business from such social networking sites in order to provide you with a more personalized experience. We may use and display your name when you send an email or other communication through our Site to our registered users. Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We may use third parties such as network advertisers to serve advertisements on our Site and on third-party websites or other media (e.g., social networking platforms) that enable us and third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy statement, not this one. We may provide these third-party advertisers with information, including personal information, about you. Some services, including financing services, on our Site are served by third parties, including our partners. Third parties that offer financing services on our Site will only collect your personal information if you opt-in to determine if you are eligible to receive financing services. By choosing to opt in, the information third parties collect may be associated with your personal information or third parties may collect information, including personal information, about your credit, including your credit history. Third parties will use this information to assess and manage your credit risk and to determine if you qualify for financing. Third parties may share limited information with us. The only information we keep is whether you qualify for financing. We do not keep any information related to your credit or credit history. If you opt-in, you consent for third parties to buy, sell, rent, lease, share, provide, and disclose your personal information, including to other third parties to contact you about products or services. You may opt-out of providing your personal information being shared by us or our partners at any time by contacting us at privacy@gearfire.com. How We Use and Share Information.
We use Personal Information to provide you with the services and features available at the Site, to respond to requests that you initiate at the Site, to process orders and facilitate any transactions that you may initiate at the Site, and to communicate with you. When we have location information, we use it to tailor our services for you. We share your Personal Information to facilitate transactions at the Site, for example when you purchase product from retailers at the Site. We share your information with certain third party service providers to perform the services and facilitate transactions initiated at the Site, for example shipping companies and payment processing firms.
We may use Personal Information, non-personal and aggregate information to evaluate and improve our products and services, and for our own internal statistical, design, operational purposes, for example to estimate our audience size, measure aggregate traffic patterns, and understand demographic, customer interest, purchasing and other trends among our visitors, retailers, and customers. We transfer information to retailers that are on the Site and to vendors and service providers who provide technical infrastructure services, deliver ads and other content, analyze our services and measure the effectiveness of our ads and services. We may use third party software that tracks traffic directed to our Site from affiliate websites and the purchases that result from this traffic. This information is aggregated and is not tied to an individual purchase or person. We may also use your Personal Information for the marketing and/or promotion of our products or services. We may outsource all of the tasks described in this Policy to third parties on a confidential basis. We may share Personal Information with third-parties for marketing purposes. If you do not want to receive promotional materials from us or third parties to whom we outsource certain tasks, email us at privacy@gearfire.com to change your preferences. Otherwise, you agree that we may use your Personal Information, including your email address, to improve our marketing and promotional efforts, to analyze Site usage, to improve our services, and to customize the Site’s content and layout. These uses improve our Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe, and customized experience while using the Site. From time-to-time we may invite you to participate in surveys on our Site. Participation in these requests is completely voluntary and with each request you will have the choice of whether or not to disclose information. Such survey information will be used to improve the overall experience of visiting the Site. No compensation will be provided should you choose to participate.
If you provide us with feedback, we will collect that information and we may use it in our marketing materials, post it on our Site or disclose it for any purpose we choose. Your Personal Information will not be disclosed or associated with any feedback that we use or disclose unless you have given us permission to use your Personal Information for this purpose. We use computer and device information for marketing purposes, to examine traffic to the Site, identify any misuse of the Site, and improve the Site to provide you a better experience. We may use third parties such as network advertisers to serve advertisements on our Site and on third-party websites or other media (e.g., social networking platforms) that enable us and third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy statement, not this one. We may provide these third-party advertisers with information, including personal information, about you. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We use cookies and tracking codes to allow us to recognize you as a user when you return to the Site using the same computer and web browser, and to identify which areas of the Site you visited or customized, so the next time you visit the Site, those pages may be readily accessible. The retailers on the Site and our third party service providers may also use cookies to ascertain how many times you access their website, to improve their services and to obtain information to better personalize the content and promotions that you see on our respective websites. Our use of cookies and tracking technologies is intended to allow us to show you relevant content, improve our services and help to keep our services secure, for example asking for additional security verification if you login from a browser you have never used before. Our use of cookies, pixel tags and other technological measures includes:
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly.
We may arrange to have marketing and promotional information of other companies sent to you that we think might be of interest to you. We never share your name or other information that directly identifies you when we do this. Instead, we use an advertising identifier like a cookie or other device identifier. If you do not want to receive these materials, email us at privacy@gearfire.com.
We may disclose Personal Information, non-personal information, and aggregate information: (a) to comply with the law, cooperate and respond to requests and claims or comply with legal process served on us (e.g., a lawful subpoena, warrant or court order); (b) to enforce or apply our Site Terms, policies, or agreements (including to initiate, render, bill, and collect for amounts owed to us); (c) to protect and defend us or our user's rights or property, the Site, our employees, visitors, or the public, (including protecting and defending from fraudulent, abusive, or unlawful use of, the Site); or (d) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
Information collected through our Site is considered our trade secret or proprietary information. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets.
During your use of the Site you may be directed to retailer’s websites for product inventory and information. The retailer website administrators manage your use and related personal information provided by you on their websites. We can make changes to your personal information provided by you to the retailer, upon your request, solely to your first and last name and email address. If you place an order through the retailer website, we may collect information pertaining to your order.
Consent to Contact By Mobile Phone By providing us with your mobile phone number, you hereby expressly consent to receive automated text messages (including SMS and MMS) from us at the mobile phone number you provided. You represent that you are 21 years of age or older and you have the consent of the wireless account holder associated with the mobile phone number you provided. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, we may provide updates, special offers, inside news, access to events, ways to enter sweepstakes, instant win games and other marketing offers via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Opt Out of Text Messaging or Emails You may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by using the unsubscribe link contained in the email, or by contacting us at support@gearfire.com. Despite your election to opt-out, we may send you emails or contact you by other means regarding your account, transactions, and your activities with the services. Changes to the Text Messaging Service We may change any short code or telephone number we use to operate the texting services at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. Please contact us at support@gearfire.com if you need assistance. HOW YOU CAN MANAGE YOUR INFORMATION You may choose not to provide us with any Personal Information. In that case, you can still visit and browse the Site subject to the Site Terms; however, you will not have access to or receive the benefits conferred upon registered users of our Site. If you do not wish to receive information and promotional material from us or from our affiliates, you may select the appropriate “opt-out” option or STOP request in the communication or email us at privacy@gearfire.com. Despite your election to opt-out, we may send you emails or contact you by other means regarding your account, transactions, and your activities on our Site.
For Retailers and other users of our Site that set up an account with us, your account settings allow you to manage your content and information. You can log into your account and change or delete your privacy preferences for the Site. At any time, you can elect to receive or stop receiving information from us or any third party as described by this Policy. If you receive email communications from our Site, you may use the unsubscribe link contained in the email.
You may also review and request changes to your Personal Information and obtain removal of content or information you have publicly posted at our Site by sending an email with a detailed description of the specific content or information to privacy@gearfire.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested. Please be aware that we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous sales and purchases for financial reporting and compliance reasons.
You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain third-party advertising companies online at http://www.networkadvertising.org/choices/. You may manage how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings. Users may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative’s (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members. The NAI’s main webpage is located at www.networkadvertising.org. Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through the Site or on other websites or applications. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt-out on the DAA or NAI websites, your opt-out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by contacting us at privacy@gearfire.com. For this opt-out to function, you must have your browser set to accept browser cookies. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the NAI on its website at www.networkadvertising.org.
Please be aware that we may provide links to third party websites as a service to our visitors, and that we are not responsible for the content or information collection practices of those pages. Please note that these websites' privacy policies may differ from our Policy. We encourage you to review and understand the privacy practices at third party sites before providing them with information. CALIFORNIA CONSUMER PRIVACY ACT/CALIFORNIA PRIVACY RIGHTS ACT (“CCPA/CPRA”) DISCLOSURES Under the CCPA, as amended by the CPRA, you have the right to know what personal information we have collected about you, including the categories of Personal Information, the categories of sources from which the personal information is collected, the business or commercial purposes for collecting, selling, or sharing personal information, the categories of third parties to whom the business discloses personal information, and the specific pieces of Personal Information we have collected about you. We collect the following categories of information: identifiers (such as your name and email address), Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (such as your name and contact information), internet or other similar network activity, geolocation data, and inferences drawn from the collected Personal Information. This information is collected directly from you when you provide it to us (for example when you submit a form requesting more information) or automatically as you navigate through the Site. We use this information for one or more legitimate business purposes, including to improve our Site, offer information about our services to you and allow you to purchase our services. We disclose the Personal Information to third parties who are providing services to you, such as the benefits providers, tax providers, and healthcare providers. The specific pieces of information we have collected about you vary, depending on whether you are browsing the website, or browsing mobile and desktop applications you download from the Site, but we have explained these different types of Personal Information in the “The Types of Information We Collect” section of this Policy. We do not sell Personal Information as defined by the CCPA, and we do not share Personal Information as defined by the CCPA. Further, we have not sold or shared any of your Personal Information with third parties in the past 12 months.
If you are a resident of California, you have other rights under the CCPA:
When you contact us regarding any of your rights under the CCPA, we will verify your identity before we provide any information. If you have any questions or comments about your rights under the CCPA, please contact us at privacy@gearfire.com. COLORADO PRIVACY ACT (“CPA”), CONNECTICUT DATA PRIVACY ACT (“CTDPA”) NEVADA PRIVACY OF INFORMATION COLLECTED ON THE INTERNET FROM CONSUMERS ACT (“NPICICA”), AND VIRGINIA CONSUMER DATA PROTECTION ACT (“VCDPA”) DISCLOSURES
As set forth above, we collect the following categories of information: identifiers (such as your name and email address), personal information (such as your name and contact information), internet or other similar network activity, geolocation data, and inferences drawn from the collected Personal Information. This information is collected directly from you when you provide it to us (for example when you submit a form requesting more information) or automatically as you navigate through the Site. We use this information for one or more legitimate business purposes, including to improve our Services and offer information about our Services to you.
If you are a resident of Colorado, Connecticut, Nevada, or Virginia, you have other rights under your respective states’ consumer privacy statutes:
When you contact us regarding any of your rights under the CPA, CTDPA, NPICICA, or VCDPA we will verify your identity before we provide any information. If you have any questions or comments about your rights under the CPA, CTDPA, NPICICA, or VCDPA please contact us at privacy@gearfire.com. WHAT ELSE SHOULD YOU KNOW ABOUT OUR PRIVACY PRACTICES
We follow generally accepted industry standards to protect Personal Information, including your email address, submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Some internet browsers have incorporated “Do Not Track” features. We respond to Do Not Track signals by not tracking browser and URL information collected through a tracking pixel. However, for security purposes, we do not respond to Do Not Track signals for information collected via server logs, such as user IP address and firewall events.
We will not collect information from children under age 18. Our Site is a general audience site that is not designed nor intended to collect Personal Information from children under the age of 18. If we learn that a person under the age of 18 has submitted personally identifiable information to us, we will delete that information from our Site. If you believe that we might have information from or about a person under the age of 18, please contact us immediately at privacy@gearfire.com.
To learn more about our privacy practices or this Policy, you may contact us at privacy@gearfire.com or at: Gearfire, LLC 10101 N. 92nd Street, Suite 201 Scottsdale, AZ 85258 480-991-0046 |
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