Effective: April 14, 2018
The website (including all pages of the website) located at Plastitrail.com is owned and operated by or on behalf of Mathelin Bay Associates LLC dba Plastitrail.com, and its subsidiaries and affiliates (collectively referred to as “Plastitrail”, “us”, “our”, or “we”).
These Terms of Service (“Terms of Service”) are very important and govern your (sometimes referred to as “you” or “your”) use of the Plastitrail.com website and your purchase of products or services offered to you by us (collectively, the “Site”), and these Terms of Service are a legally binding contract between you and us.
Please note that we have the right to change, modify, add, or remove portions of these Terms of Service at any time.
BY USING OR ACCESSING THE SITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE, YOU MAY NOT USE OR ACCESS THE SITE, OR MAKE ANY PURCHASE THROUGH THE SITE.
1. Your Use of the Site, Including Restrictions on Your Use.
In order for you to use our Site for your own, personal purposes (and not for you to sell or commercialize our content), we give you a limited,
When using the Site, you agree not to do any of the following actions:
• You agree not to copy, distribute, transmit, sell, or exploit any portion of the Site, including any Content (which is defined below) or other information contained on the Site.
• You agree not to cover up, obscure, or remove any proprietary rights notices, like copyright and trademark notices, that are displayed on the Site.
• You agree not to use the Site to attempt to “hack” or gain unauthorized access to other accounts on the Site or any part of the network and computer systems used to provide the Site.
• You agree not to post or upload malware, viruses, trojan horses or any other harmful code or programs designed to interrupt, destroy, or limit the Site or any part of the network and computer systems used to provide the Site.
• You agree not to post any material or information that is, or to a reasonable person may be, illegal, harmful, abusive, obscene, pornographic, offensive, harassing, vulgar, threatening, hateful, or racially or ethnically objectionable.
• You agree that you will not intentionally provide false information when accessing or using Site. You also agree that you will not falsify, forge, or otherwise tamper with any information you receive as part of the Plastitrail service.
• You agree not to post any material or information that is owned by someone else, like someone else’s copyright, trademark, patent, trade secret, or other intellectual property
• You agree not to post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
• You agree not to do anything that actually or could violate these Terms of Service or any laws or regulations.
Please note that we may decide to discontinue or change any aspect of the Site, including by removing products or other Content from our Site. We may also decide to limit the time the Site is available or limit the amount of use of our Site. Under certain circumstances or for any reason, we may decide to immediately limit, suspend, or terminate your access to the Site. You agree that we may decide to take any of these actions without prior notice to you and without incurring any liability to you or any third party.
2. Description of Services / User Accounts
We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion,
Credit card charges will be in U.S. dollars billed at the end of the trial period (trial periods will vary based on promotions). All paid subscriptions are annual, defined as twelve months billed in advance. Annual subscription charges will not be refunded in whole or in part except for sellers removed for misrepresentations as noted above. Paid subscribers will have the opportunity to sell up to a certain amount of product per subscription year as defined by Plastitrail at then-determined amounts or rates. Annual subscriptions will automatically renew each year unless
3. Registration Data and Privacy
In order to access some of the services on this Site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
All subscriptions must be approved by Plastitrail before access is allowed to the marketplace. Plastitrail.com is intended for use by businesses buying or selling plastics not individuals, though individuals in the business of buying or selling plastics may be approved on a case by case basis. Subscribers will not subscribe if Plastitrail.com is not legally permitted in their jurisdiction. Potential subscribers and users are wholly responsible for determining the suitability and legality of Plastitrail.com in their jurisdiction.
Generally, the Site will contain and give you access to 2 types of content: (1) “Our Content”, which means any information, software, photos (including product photos), video, text (including product descriptions and specifications), graphics, music, sounds, trademarks, service marks, logos and icons, or other materials or intellectual property that we provide or that third parties may provide on our behalf; and (2) “User Content”, which means any information, photos, video, text, graphics, music, sounds or other materials posted by on the Site by either you or other users of the Site. In these Terms of Service, we sometimes refer to Our Content and User Content together as, collectively, “Content”.
Our Content and the Site, including any intellectual property rights in Our Content and the Site, are owned solely by us and our third party licensors and service providers. Except as part of the license granted to you in Section 1, you cannot and may not use any of Our Content (or any of our other intellectual property on our Site) for any reason, unless we give you prior, written permission. Specifically, you agree not to copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, disseminate, distribute, redistribute, or allow unauthorized access to the intellectual property found on the Site or in any of Our Content. You acknowledge that any unauthorized use of the Site or any of Our Content may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.
User Content is the intellectual property of the specific users who post that User Content to the Site. When you post, upload, or submit any User Content to us or to the Site, you are granting us with a
We do not monitor or remove User Content after it is posted on the Site, but we maintain the right to remove any User Content that we feel is actually or potentially inappropriate, offensive, illegal, or harmful in any respect or which may violate these Terms of Service or if we feel the User Content is no longer needed. Since this User Content is posted by users of the Site, we do not necessarily approve, endorse, verify, or agree with any message posted by our users; and we do not make any warranties or representations regarding any of the User Content. In addition, we are not liable for any Content or User Content that you may find to be offensive, indecent, vulgar, defamatory, or otherwise objectionable.
As a service to you and our other users, we may provide information about other resources that may be of interest. Our presentation of any third party links or content, however, is not intended to be an endorsement, sponsorship, or recommendation by us. Please be aware that when you exit our Site, you are subject to the terms and policies of the new Site that you are visiting. Since these sites and resources are provided by third parties, we are not responsible or liable for any content, advertising, products, or other materials on these third party sites or resources. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused in connection with your use of or reliance on these third party’s presentations, content, goods, or services that are made available through the third party Site or resource.
These Terms of Service are of general application and may be supplemented by other policies, disclaimers, guidelines, and terms or conditions of specific application that are disclosed by us, including through a registration process, a purchase, or in other instances. In the event of a conflict between these Terms of Service and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of
7. User Representations
By using our Site and making a purchase on the Site, you make certain representations and warranties to us. Specifically, you represent and warrant to us that:
• You are at least 18 years old.
• You are able to agree to these Terms of Service and you can perform your obligations in these Terms of Service.
• All information that you provide to us is truthful, accurate, and complete
• You will comply with the terms and conditions of these Terms of Service and any other agreement that is related to your use of the Site.
• You are
• Any User Content that you post via the Site does not violate the rights of any third party, such as the intellectual property rights or privacy or publicity rights of a third party.
• Any User Content that you post via the Site does not contain any personally identifiable information about a third party in violation of that third party’s rights.
• Any User Content you post is truthful, accurate, not false or misleading in any material respect, and is in compliance with the applicable laws, rules, and regulations of the country of origin and the geographic origin/location of the content or materials offered.
• You will comply with all Plastitrail requirements regarding product advertisement and placement, including providing accurate representations of products and markings, product certifications, data sheets, photographs, etc.
• Any use of the User Content that you post via the Site, either by us or by third parties, will not result in harm or personal injury to any third party.
• You will comply with any request for additional information on a for sale listing, such as a bill of lading before approving a listing or in order to keep a listing active on the marketplace.
• If you are using the Site as an agent of, representative, or otherwise on behalf of an entity or any other person, you represent and warrant that you are in fact an authorized representative of such entity or other person and that you have the authority to bind such entity or
8. WARRANTIES / DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED HEREIN,
Limitations of Liability for Orders
PLEASE ALSO NOTE THE FOLLOWING IMPORTANT LIMITATION OF LIABILITY:
NEITHER WE NOR OUR AUTHORIZED DEALERS ARE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, OR LOST PROFITS, OR OTHER DAMAGES RELATING IN ANY WAY TO ORDERS OR THE PRODUCTS AND SERVICES WE OR OUR AUTHORIZED DEALERS PROVIDE TO YOU. IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, IN NO EVENT SHALL WE OR OUR AUTHORIZED DEALERS BE LIABLE TO YOU OR ANY OTHER PARTY UNDER ANY ORDER FOR DAMAGES, OF ANY KIND, IN AMOUNTS THAT EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES GIVING RISE TO SUCH LIABILITY.
If there is a delay or failure in our performance, or if our performance is made impractical or commercially unreasonable, due to causes beyond the reasonable control of us, our Authorized Dealers, or our affiliates, whatever delivery or other obligation that is affected will be extended for a period equal to the time lost by reason of such cause. As examples, causes beyond our reasonable control include fire, hurricane, flood or other act of God, labor dispute or strike, terrorism, war or civil commotion, governmental action, equipment breakdown, inability to obtain the necessary labor, materials or equipment required to manufacture the goods and products, or any other cause beyond our reasonable control. In the event of the occurrence of any contingency described in this section, the proposed delivery or obligation shall be extended for a period equal to the time lost by reason of such contingency.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOUR USE OF THE CONTENT OR THE SITE IS AT YOUR SOLE RISK. WE GIVE NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR CONTENT POSTED OR OTHERWISE MADE AVAILABLE. FURTHER, WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR CONTENT WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF THE SITE OR CONTENT WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIALS.
9. LIMITATION OF LIABILITY
PLEASE ALSO NOTE THE FOLLOWING IMPORTANT LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, OR LOST PROFITS, OR OTHER DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATING IN ANY WAY TO YOUR USE OR THE INABILITY TO USE THE SITE AND ANY CONTENT OR ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Release and Indemnification
You agree to release us and our members, managers, officers, employees
You agree to defend, indemnify and hold harmless us and our affiliates, officers, members, directors, employees and agents, and Authorized Dealers from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (i) your access to or use of the Site or any part thereof; (ii) any User Content you post via the Site; (iii) any purchase or sale of products (or offers to purchase or sell) made via the Site; (iv) a breach or alleged breach by you of any of these Terms of Service; (v) a breach of applicable law related to your use of the Site or the purchase or sale (or offer to purchase or sell) any products via the Site; (vi) the infringement or misappropriation of any intellectual property or other rights by you of ours or any third party; or (vii) any negligence or willful misconduct by you.
11. Governing Law, Injunctive Relief, and Venue
These Terms of Service are governed by and enforced under the laws of the State of Missouri, without regard to its conflicts or choice of laws principles.
You agree that a breach of the terms of these Terms of Service would cause irreparable harm and significant injury to us, which would be, both, difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions or terms of these Terms of Service by injunction (without
ANY SUIT, ACTION OR PROCEEDING CONCERNING THE SITE, ITS USE, THESE TERMS OF SERVICE, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF OURS, MUST BE BROUGHT IN FEDERAL OR STATE COURT LOCATED IN OR SERVING THE COUNTY OF ST. LOUIS, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF THOSE COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
12. Copyright and Copyright Notices
We respect the intellectual property of others, and we ask our users to do the same. We will promptly remove materials from the Site or any other website under our reasonable control in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party's copyright. In addition, we may, in appropriate circumstances, terminate the accounts of repeat copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
• an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the website sufficient to allow us to locate the allegedly infringing material:
• your name and contact information (including address, telephone number
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact our Copyright Agent for Notice of Claims of copyright infringement at:
c/o Mathelin Bay Associates LLC
11939 Manchester Rd # 148
St. Louis, MO 63131
Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request.
If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:
• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number
If a counter-notice is received by the Copyright Agent, Plastitrail may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such content, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Plastitrail’s sole discretion.
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
We may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3) for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3) for more information.
13. Changes to Terms of Service
We have the right to, in our sole discretion, change, modify, add, or remove portions of these Terms of Service at any time without prior notice. Changes in these Terms of Service will be effective when notice of such change(s) is posted. Your continued use of the Site after any changes to these Terms of Service are posted will be considered your acceptance of those changes.
14. General Terms and Conditions
c/o Mathelin Bay Associates LLC
11939 Manchester Rd # 148
St. Louis, MO 63131
Effective: April 14, 2018
1. What personally identifiable information is collected from you through the Site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.
Information Collection, Use and Sharing
We are the owners of the information collected on our Site. Please note, we only have access to or collect information from you (i) through your use of the Site; and (ii) that you voluntarily give us via email or other direct contact from you. Our Site has the ability to collect two types of information from and about you: (i) personally identifiable information; and (ii) non-personally identifiable information, both as defined below:
Personally Identifiable Information
Our definition of personally identifiable information includes any information that may be used to specifically identify or contact you, such as your name, postal and email addresses, phone number or bank, debit or credit card information. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program, promotion, sale or some other aspect of our Site. For instance, you may (i) provide your name, address, and email address to register an account with us or register to learn more; (ii) provide certain demographic information about yourself (e.g., age, gender, purchase preference, usage frequency, etc.) when participating in a survey or poll, or registering or creating a profile through our Site; (iii) provide payment information when providing payment via our Site; or (iv) post a general comment, review, or recommendation on our Site. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity or service, realize a benefit we may offer, or to gain access to certain content through our Site.
Our definition of non-personal information is any information that does not personally identify you. Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personal information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personal information from you when you access our Site. This information can include, among other things: your IP address or other unique identifiers that are automatically assigned to your computer, mobile or other device used to access the Site; the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.); the third party website from which your visit originated; the operating system you are using (e.g., Vista, Windows XP, Mac OS, etc.); the domain name of your internet service provider; the search terms you use on our Site; the specific areas within our Site that you visit; and the time of day and duration of your visits.
We and our third party partners may also use the non-personally identifiable information that we collect in a variety of ways, including to administer the Site, help us analyze website traffic and usage, understand customer needs and trends, marketing activities, to carry out targeted promotional activities, improve the quality of the pages that make up our Site, to gather broad demographic information, and to improve our Site. We may use your non-personal information by itself or aggregate it with information we have obtained from others. We may share your non-personal information with our affiliated companies and/or third parties, including sharing aggregated demographic information with our partners and advertisers, to achieve these objectives and others.
In addition to the foregoing, we and our third party partners may use your personally identifiable information or non-personal information as follows:
• When required by law or court order;
• To provide you with information or services or process transactions that you have requested or agreed to receive, including to send you electronic newsletters, to facilitate a purchase, or to provide you with special offers or promotional materials on behalf of us or third parties;
• To process your registration with the Site, including verifying your information is active and valid;
• To improve the Site, to customize your experience with the Site or to serve you specific content that we believe is relevant to you;
• To enable you to participate in a variety of the Site’s features, such as online or mobile entry sweepstakes, contests or other promotions;
• To contact you with regard to your use of the Site and, in our discretion, changes to the Site and related policies;
• For inclusion in our and our third party partners’ data analytics;
• In the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), any information collected through the Site, including Personal Information, may be among the items sold or transferred;
• To protect or defend our or and our third party partners’ legal rights or property, our Site, or other users; and
• During an emergency to protect the health and safety of our users or the general public.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the contact us form or phone number given on our Site:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
When you submit information to us through any of our Site, you should be aware that your information is transmitted across the Internet and that no method of transmission over the Internet is completely or 100% secure. While we take reasonable precautions to protect your information, you also need to ensure you take appropriate steps to protect your information. We have implemented security measures, either directly or through one of our third party partners, that we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Some of these steps include using or asking our third party vendors to: use SSL (Secure Sockets Layer) technologies where appropriate on our Site; and comply with PCI DSS (Payment Card Industry Data Security Standard) security standards.
Please be advised, however, that while we strive to protect your personally identifiable information, other information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online, and we are not responsible for the theft, destruction or inadvertent disclosure of your personally identifiable information or any other information. Plastitrail will take all commercially reasonable efforts to restrict access to and encrypt certain product representations and certifications such as bills of lading, photographs, and data sheets submitted by users as part of a sales offering or sales agreement using industry standard encryption protocols. In the unfortunate event that your “personal information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion), to the last e-mail address you have provided us, in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time, we evaluate new technology for protecting information and, when appropriate, we upgrade our information security systems.
Information Collection Methods
A few of the methods and/or avenues that may be used to collect your information include, without limitation, the following (as well as subsequent technology and methods later developed):
We may use “cookies” on our Site. A cookie is a piece of data stored on a user’s hard drive to help us improve your access to our Site and identify repeat visitors to our Site. For instance, when we use a cookie to identify you, you may not have to log in using a password more than once, thereby saving time while on our Site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our Site. Usage of a cookie is in no way linked to any personally identifiable information on our Site.
Opting out: You may be able to opt out of some targeted ads served via specific third party vendors by visiting the Digital Advertising Alliance’s Opt-Out page.
Web Beacons & Other Tracking Technologies
“Web beacons” are small graphic images or other web programming code that may be included in our Site pages or other areas of the Site. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users of our Site pages and Site. Unlike cookies, which are typically stored on your computer or mobile device’s hard drive, web beacons are embedded invisibly on web pages.
We and our third party partners may also use web beacons, tracking technology and other automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement. Web beacons or similar technologies help us better manage content on our Site by informing us what content is effective, counting the number of users of the Site, monitoring how users navigate the Site and make purchases, or counting how many e-mails, articles or links were actually opened or viewed.
An “embedded script” is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your computer, mobile or other device from our server or a third party service provider.
Web Traffic and Web Performance Analytics
An IP address is a number that is assigned to your computer, mobile or other computing device whenever you are surfing the Internet. Web servers (computers that “serve up” web pages) automatically identify your computer or other computing device by its IP address. When users request pages from our Site, our servers may log their IP addresses. We may collect IP addresses for the following purposes, among others: system administration, to report non-personal aggregate information to others and to track the use of our Site. IP addresses are considered non-personal information and may also be shared as provided above.
If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, credit card information, social security numbers or bank account information, to us by email. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications, but not others. We reserve the right to send you transactional emails such as customer service communications or receipts.
Information from your Mobile Device
We may also use technologies, such as location based information, to provide you with tailored information and features as you use our Site. When you access the Site on your mobile device, including, but not limited to, mobile phones and tablets (“Mobile Device”), we may obtain information from your Mobile Device about the type of Mobile Device you are using. We may use this information to notify you of features and products that may be available on your Mobile Device. Certain features may require our collection of the phone number of your Mobile Device. We may link that phone number to the Mobile Device identification information, but will not use that number for telemarketing. In addition, some mobile network providers (“Mobile Provider”) in the U.S. are required to use technology that tracks the physical location of Mobile Devices that use their service. Depending on your Mobile Provider and Mobile Device, we may automatically receive this information. If we begin to offer services that use this tracking (“pinpointing”) information, we will obtain your consent (an opt-in) before using the information. After obtaining such consent, we may use and store this information to provide location-based services, including location-targeted advertising. Most Mobile Devices provide users with the ability to disable location services. These controls are usually located in the Mobile Device's settings menu. If you have questions about how to disable your Mobile Device's location services, we recommend you contact your Mobile Provider or your Mobile Device manufacturer.
Important Note about Do Not Track
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we or our third party business partners do not alter our data collection and usage practices when we or they detect such a signal from your browser. To learn more about how DNT works, please visit http://allaboutdnt.com/
From time-to-time our Site may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code and age level). For contests, contact information will be used in accordance and subject to the rules applying to such contest and to notify the winners and award prizes – please read any contest rules carefully before submitting any information. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Site.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users that are residents of California to request the following information regarding our disclosure of your personal information to third parties for those third parties’ direct marketing purposes: (i) a list of certain categories of personally identifiable information that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year; (ii) the identity of certain third parties that received personally identifiable information from us for their direct marketing purposes during that calendar year; and (iii) examples of the products or services marketed (if we have that information). If you are a California resident and would like to make such a request, please email us at firstname.lastname@example.org or write us at the address below:
c/o Mathelin Bay Associates LLC
11939 Manchester Rd # 148
St. Louis, MO 63131
User-Generated Content and Public Forums
We are committed to protecting the privacy of children. Our Site is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. We urge all parents or guardians to participate in their children’s exploration of the Internet, and to teach their children about protecting their personally identifiable information while online. If you use the Site, you hereby represent and warrant that you are at least 18 years of age. In compliance with the Children’s Online Privacy Protection Act, any information we receive from users we believe to be under the age of 13 will be purged from our database.
Users from Outside the United States
Our Site is hosted in the United States and is governed by United States law. If you are using our Site from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country.
Use of Information after You Terminate Your Relationship With Us
We and our third party partners will continue to store archived copies of your information, including personally identifiable information, for legitimate business purposes and to comply with the law. We and our third party partners will also continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Site and products and services.