INTRODUCTION
This Privacy Policy describes the policies and procedures of SIMK LABELS PVT. LTD. (hereinafter referred to as “Foamworx”, “Company”, “we”, “our” or “us”) on the collection, use and disclosure of your information on www.foamworx.shop (the “Site”) and the Offerings, features, content, applications, and products we offer (collectively with the Site, the “Offerings”). This Privacy policy is subject to the Terms and Conditions available on our Site and in the event of any inconsistency hereof with the Terms & Conditions, the Terms & Conditions shall override.
We receive information about you from various sources, including: (i) if you register for the Site and the Offerings, through your user account on the Offerings (your “Account”); (ii) your use of the Offerings generally; and (iii) from third party websites and services. When you use the Offerings, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.
SCOPE OF PRIVACY POLICY
This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) gathered when you are using or accessing the Offerings. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners.
This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Offerings or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.
INFORMATION WE COLLECT
The information we gather enables us to personalize, improve and continue to operate the Offerings in an efficient and optimized manner. In connection with certain aspects of the Offerings, we may request, collect and/or display some of your Personal Information on a need basis. We collect the following types of information from our users.
ACCOUNT INFORMATION
When you create an Account, you will 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 Offerings 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 information about our Offerings, but only rarely when we feel such information is important. You may unsubscribe from these messages through your Account settings, although we, regardless, reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.
FINANCIAL INFORMATION
We do not currently collect financial information, such as your payment method (valid credit card number, type, expiration date or other financial information); that information is collected and stored by the concerned third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy. We undertake no responsibility for the safekeeping of such information and shall not be liable for any disclosure, use, display or any other utilization of such information, whether direct or indirect, provided by you to third party payment processing companies.
IP ADDRESS INFORMATION
We automatically receive and record information from your web browser when you interact with the Offerings, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Offerings (e.g., what links you have clicked on). Generally, the Offerings automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Offerings so that we can analyze and optimize them for the benefit of our consumers and the Company.
EMAIL COMMUNICATIONS
We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.
SMS & RCS COMMUNICATIONS
We may collect your mobile phone number for the purpose of sending SMS or RCS messages related to order updates, promotions, or other relevant information about our products and services.
By providing your mobile phone number, you consent to receiving SMS or RCS messages from Foamworx. You can opt out of receiving these messages at any time by following the instructions provided in the messages or by contacting us directly.
INFORMATION COLLECTED USING COOKIES
Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Offerings through the Internet.
Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Offerings and may associate that information with your Account if you have one.
Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser 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 enable you to take advantage the most attractive features of the Offerings.
This Privacy Policy covers cookies provided by our Site only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.
AGGREGATE INFORMATION
We collect statistical information about how both unregistered and registered users, collectively, use the Offerings (“Aggregate Information”). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, your Account or your web browser.
EMAIL COMMUNICATION WITH US
As part of the Offerings, you may occasionally receive email and other communications from us, such as communications relating to your Account. Communications relating to your Account will only be sent for purposes important to the Offerings, such as password recovery.
FINANCIAL INFORMATION
As stated above, we do not currently collect financial information, as that information is collected and stored by our Payment Processor. However, we may from time to time request and receive some of your financial information from our Payment Processor for the purposes of completing transactions you have initiated through the Offerings, 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.
INFORMATION SHARED WITH 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”). They include but are not limited to, warehouse operators and delivery partners. We may need to share Personal Information with our Agents in order to provide our Offerings 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.
INFORMATION DISCLOSED PURSUANT TO BUSINESS TRANSFERS
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
INFORMATION DISCLOSED FOR OUR PROTECTION AND PROTECTION OF OTHERS
We also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, to satisfy orders of courts, tribunals, authorities, or the like and/or governmental request, (ii) enforce our Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) 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.
INFORMATION WE SHARE WITH CONSENT
Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
SECURITY OF END USER INFORMATION
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 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. We otherwise store all of our information, including your IP address information, using industry- standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
INFORMATION ACCESSIBLE TO END USER ASSOCIATED WITH END USER ACCOUNT
If you are a registered user, you can access information associated with your Account by logging into the Offerings. Registered and unregistered users can access and delete cookies through their web browser settings.
ACCOUNT DELETION
Should you ever decide to delete your Account, you may do so by emailing our support team. 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 Offerings, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.
CHOICE TO END USER REGARDING INFORMATION SHARED
You can use many of the features of the Offerings without registering, thereby limiting the type of information that we collect.
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.
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.
CHANGES IN THIS PRIVACY POLICY
We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Offerings or sending you an email. A user is bound by any changes to the Privacy Policy when he or she uses the Offerings after such changes have been first posted.
QUESTIONS
If you have any questions or concerns regarding privacy using the Offerings, please send a detailed message to our support team. We will make every effort to resolve your concerns.
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