Espinbikes.com Terms of Service
Effective Date: January 1, 2017
(A) through your user account on the System (your “Account”);
(B) your use of the System generally; and
(C) from third party websites and services.
2 What Information Do We Collect?
2.1 In General. The information we gather enables us to operate, personalize and improve the System. In connection with certain aspects of the System, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.
2.2 Account Information. When you create an Account, you may provide information that could be Personal Information, such as your username, password and email address. You acknowledge that this information may be personal to you, and by creating an account on the System and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you messages about the System. You may unsubscribe from these messages through your Account settings or by clicking on the unsubscribe link included at the bottom of marketing emails, although we, regardless, reserve the right to continue sending you non?marketing emails, such as emails about your accounts and our business dealings with you.
2.1 User Profile and Warranty Information. We collect information that you include in your profile and your warranty registration.
2.3 Shipping Information. When you order products using the System, we collect your shipping information. We pass this information to our Payment Processor and fulfillment companies for purposes of customer service, fulfillment, shipping and returns. The use of your Personal Information by these parties is subject to their respective privacy policies.
2.4 Other Information. We may collect your phone number and the unique device id number of the mobile device on which you use the Application. If you provide us feedback or contact us via e?mail, we will collect your name and e?mail address, as well as any other content included in the e?mail, in order to send you a reply. When you participate in one of our surveys, we may collect additional personal information. We collect your posts on our forums. We also collect other types of personal information that you provide to us voluntarily. If you participate in a contest, sweepstakes or other promotion, we will collect any data you provide in connection with that promotion. We may also obtain information from other sources and combine that with information we collect on the System. We may also collect personal information at other points in the System that state that personal information is being collected.
2.5 IP Address Information and Other Information Collected Automatically.
2.5.1 In General. When you use the System, some information is automatically collected. For example, when you use the System, how you use the System, information about the type of device you use, your Open Device Identification Number, date/time stamps for your visit, your unique device identifier, your browser type, operating system, Internet Protocol (IP) address, and domain name are all collected. This information is generally used to help us deliver the most relevant information to you and administer and improve the System. In addition, in the event our Application crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application.
2.5.2 Browser Related. We gather certain information automatically and store it in log files, including IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to improve the content of the System, market research purposes, to communicate information to visitors and to better tailor the System to our users’ needs.
2.5.3 Mobile. When you use certain features of the System, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS?based functionality on mobile devices used to access the System or specific features of the platform). If you access the System through a mobile device and you do not want your device to provide us with location?tracking information, you can disable the GPS or other location?tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
2.5.4 Log Data. We may also receive, store and process log data, which is information that is automatically recorded by our servers whenever you access or use the System, regardless of whether you are registered with us or logged in to your Account, such as your IP Address, the date and time you access or use the System, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, and the amount of time spent on particular pages.
2.5.6 De?Identified Information. We may collect and create anonymous and/or deidentified data records about how both unregistered and registered users, collectively, use the System (“Aggregate Information”), such as the number and frequency of visitors to the Site or Application. Some of this information is derived from Personal Information. We reserve the right to use Aggregate Information for any purpose and disclose it to third parties in our sole discretion. This Aggregate Information is not Personal Information and cannot be tied back to you, your Account, your web browser or mobile device. We use this anonymous data to enhance the content of the System and improve the System, for example by allowing us and third parties authorized by us to figure out how often individuals use parts of the System so that we can analyze and improve them.
2.6 Email Communications. We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.
2.7 Like Buttons. Some third parties’ embedded content or plugins on the System, such as Facebook “Like” buttons, may allow their operators to learn that you have used the System, and they may combine this information with other, identifiable information they have collected about your visits to other websites or online services.
2.8 Information Collected Using Cookies.
2.8.3 Most browsers or mobile devices have an option for turning off the cookie feature, which will prevent your browser or mobile device from accepting new cookies, as well as (depending on the sophistication of your browser or mobile device software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they may enable you to take advantage of some features of the System.
2.8.5 We use Local Storage Objects (LSOs) such as HTML5 or Flash to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your web browsing activity use LSOs such HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 and Flash LSOs.
2.9 Information Related to Advertising and the Use of Web Beacons.
2.9.1 To support and enhance the System, we may serve advertisements, and also allow third parties to serve advertisements, through the System. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.
2.9.2 Advertisements served through the System may be targeted to users who fit a certain general profile category and may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the System usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the System.
2.9.3 To increase the effectiveness of ad delivery, we may deliver a file (known as a “web beacon”) from an ad network to you through the System. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.
2.9.4 If you respond to ads posted by third parties or submit information to third parties via the System, such third parties receive information about you subject to their privacy policies.
2.9.5 If you come to us through social media sites, from other websites or with devices that enable third parties to collect information from or about you, such third parties receive information about you subject to their privacy policies.
2.10 Do Not Track Signals. We do not currently respond to ‘do not track’ signals and similar settings or mechanisms. When you use the System, we try to provide a customized experience.
2.11 Other Sources. We may get information about you from other sources. We may add this to information we get from the System.
3 How Do We Use Your Information?
(A) operate, maintain, and improve our sites, products, and services;
(B) process and deliver contest entries and rewards;
(C) respond to comments and questions and provide customer service;
(D) send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
(E) communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners;
(F) link or combine user information with other personal information we get from third parties, to help understand your needs and provide you with better service;
(G) protect, investigate, and deter against fraudulent, unauthorized, or illegal activity;
(H) provide and deliver products and services you request;
(I) to process and deliver orders for additional services;
(J) identify you as a user in the System;
(K) to satisfy legal requirements,
(L) facilitate the creation of and secure your Account on our network; and
(M) develop and improve marketing and advertising for the System and partner services.
3.2 Where Stored. We store and process personal information in the United States, and may locate systems in other countries in the future. By using the System, you agree that we can store, process and transfer your information in this manner.
4 How, and With Whom, Is My Information Shared?
4.1 In General. The System is designed to help you share information with others. As a result, some of the information generated through the System is shared publicly or with other users or third parties and once shared, cannot be unshared.
4.1 Financial Information. As stated above, your financial information is collected and stored by our payment processor. However, we may from time to time request and receive some of your other financial information from such Payment Processor for the purposes of completing transactions you have initiated through the System, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identifying possible fraudulent transactions, and otherwise as needed to manage our business.
4.2 Employees. Only a very limited number of our employees ever have access to your Personal Information.
4.3 Information Shared with Our Agents. We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.
4.4 Information Shared with Our Suppliers and Partners. When you order products and services using the System, we may share your purchase, shipping and return information with the applicable supplier or partner of your purchase and any fulfillment companies.
4.6 Information Disclosed for Our Protection and the Protection of Others. We also reserve the right to access, read, preserve, and disclose any Personal Information as it reasonably believes is necessary to
(A) satisfy any applicable law, regulation, legal process or governmental request,
(C) detect, prevent, or otherwise address fraud, security or technical issues,
(D) respond to user support requests, or
(E) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
4.7 Information We Share With Your Consent. We may share your Personal Information to fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information, with your consent, or to third parties designated by you.
4.8 Is Information About Me Secure?
4.8.1 Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account. We use a secure, encrypted connection (called an SSL connection) on all pages where you access or transmit Personal Information.
4.8.2 We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
4.8.3 We otherwise store all of our information, including your IP address information, using industry?standard techniques. While we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security and we do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
5 How We Don’t use Your Information
We Will Not sell your information without your consent. We will not sell your personally identifiable information including your name, address, e?mail address, or credit card information to any third party. We believe this is absolutely essential to receive and repay your trust in us.
6 What Information of Mine Can I Access?
If you are a registered user, you can access and edit information associated with your Account by logging into the System. Registered and unregistered users can access and delete cookies through their web browser settings.
7 California Privacy Rights
Under California Civil Code, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:
131 Stanford Way, Sausalito, CA, 94965
8 How Can I Correct or Delete My Account?
8.1 Correct. If you wish to
(A) access any Personal Information that we hold about you;
(B) request that we correct or delete the Personal Information that we hold about you; or
(C) request that we not use or stop using your Personal Information for marketing purposes,
you may contact us at hello@EspinBikes.com. We will comply with such requests to the extent required by law or our policies, and subject to any limitations in the System.
8.2 Delete. Should you ever decide to delete your Account, you may do so by emailing hello@EspinBikes.com. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, given the nature of sharing on the System, any data that has been shared and any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to those you have shared it with or the public. We may retain an archived copy of your records as required by law or for legitimate business purposes.
9 What Choices Do I Have Regarding My Information?
(A) You can use some of the features of the System without registering for an Account, thereby limiting the type of information that we collect.
(B) You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.
(C) You can delete your Account. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and may be publicly accessible.
(D) You may opt?out of providing your Personal Information to the Application at any time by uninstalling the Application.
11 What If I Have Questions or Concerns?
If you have any questions or concerns regarding privacy using the System, please send us a detailed message to hello@EspinBikes.com. We will make every effort to resolve your concerns.
12 A Note About Children
We do not intentionally gather personal information from users who are under the age of 18. If a child under 18 submits personal information to us and we learn that the personal information is the information of a child under 18, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 18, please contact us at hello@EspinBikes.com.
13 Users Outside of the United States