GULLIVER USA INC.
EFFECTIVE AS OF JULY 1, 2020
The term “us” or “we” or “our” refers to GULLIVER USA INC. and our affiliated entities. The term “you” refers to the user of our Website.
If you send us e-mail that includes Personal Information, normally we will use the information only to respond to your message and for no other purposes.
PERSONAL INFORMATION DEFINED
We define the term “Personal Information” to mean any information that we directly associate with, or use to identify, a specific person. This may include information such as:
- Your first and last name;
- Your home or other physical address;
- Your photo
- Your social security number in certain circumstances;
- Your shipping address if different from above address;
- Your Email address;
- Your telephone or fax number;
- Your credit card information;
- Your purchase history;
- Your personal preferences;
- Any identifier that allows you to be contacted by mail, phone or online;
- Information that we collect from you and which we maintain in personally identifiable form in combination with an identifier described above. This kind of information includes “click stream” information or information obtained from “cookies” such as information showing the last several websites that you visited and information about your profile or preferences; and
- Other Personal information you give us by using our Website, via phone or electronic mail, in events, or otherwise.
Personal Information does not include “aggregated information,” which is information that we collect about a group or category of persons or services. It also does not include “de-identified information,” which is information from which we have removed any information that can be used to specifically identify a person. This policy does not restrict or limit our collection, use, or disclosure of aggregated or de-identified information.
WE COLLECT INFORMATION AS FOLLOWS
Information you give us. Many of our services require you provide Personal Information when you sign up for an account with us, sign up for our programs, offers, take one of our surveys, purchase our products or services, contact us about a prior purchase, or email, call, or otherwise communicate with us. Similarly, if you contact us regarding a product or service that you are interested in or concerned about, we may request that you provide Personal Information that will enable us to respond to your inquiry. In these circumstances, we’ll ask for your Personal Information.
The types of information we may collect from you include:
(a) Account Information, such as your name, email address, password, postal address, phone number, subscription, delivery preferences and any other information you choose to provide;
(b) Transaction Information, such as information about the products or services you purchase, shipping and delivery information and information related to returns, refunds and cancellations. We may also collect and store limited payment information, such as payment card type and expiration date and the last four digits of your payment card number; however, we do not collect or store full payment card numbers and all transactions are processed by our third-party payment processor; and
(c) Information About Others, such as the names and email addresses of gift recipients when you purchase gifts.
Location Information. If you use our mobile applications and those of our “partners”, your mobile device’s settings allow it, we may collect information about your real-time location. You may adjust the settings on your mobile device to allow or prevent the sharing of location information. Please note that if you disable the sharing of location information, you may be unable to access some features of our services that are designed for mobile devices.
Mobile Device Information. We, or our “partners”, may also collect mobile device information using beaconing technology, such as: the device type, model and operating system version, and current IP address. We do not use this technology to collect Personal Information. To disable our ability to identify your mobile device, you can delete our app, adjust the in-app settings, or turn your Bluetooth to “off” on your device.
Log information. When you use our services or view content we provide, we may automatically collect and store certain information in server logs. This may include:
- details of how you used our service, such as your search queries.
- telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls.
- Internet protocol address.
- device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
- cookies that may uniquely identify your browser or your account.
Text messaging services If you sign up for our text messaging programs, you are consenting to receive text messages on your cell phone or other mobile device about our products, services, and/or programs which may be sent by automated means. Text messages will only be sent to the mobile phone number used to opt into the app.
We do not charge a fee for our text message programs and assume no responsibility for charges by your carrier when you sign up to receive text messages from us.
Other Information. We may obtain information about you from third parties such as demographic marketing information, address verification, or mailing list information and combine it with other Personal Information pertaining to you.
DISCLOSURE OF YOUR PERSONAL INFORMATION
With Your Consent. We may disclose your Personal Information to third parties with your consent. You may give your consent in several ways, such as through a written agreement that you sign or acknowledge; an online method, such as a “click through” agreement or registration page; through a mobile application which you install on your mobile device or by enrolling in a text alert program; an oral statement, such as by way of an interactive voice response; or through the terms and conditions under which we provide you a particular product, service, or program. Sometimes your consent may be implicit. For example, if you purchase products with a credit card, you implicitly consent to the disclosure of your name and address to a third-party delivery company to complete the delivery, and of your credit card number to the credit card processor to authorize the transaction and to the bank to collect payment.
Third-party Service “partners”. We may disclose your Personal Information to third-party “partners”, who are independent contractors, and who complete transactions or perform services on our behalf or for your benefit. Information provided to such parties for payment authorization or verification purposes may be retained by them in a database that is used to provide similar services to others. We may also utilize the services of third parties to verify customer data, such as mailing addresses or to supplement other information we have collected. We may also contract with third parties to host a website, conduct market research, or send you information regarding our products or services or those of other companies with whom we conduct business.
Legal Process. We may be required to disclose Personal Information regarding law enforcement, fraud prevention, regulation, and other legal action or if we reasonably believe it is necessary to do so to protect our customers, the public, or us. If you send us a threat or a message that describes or promotes unlawful activity, we will share it with law enforcement authorities. We may also disclose your Personal Information to third parties regarding claims, disputes or litigation, when required by law or if we determine its disclosure is necessary in an emergency.
HOW YOUR PERSONAL INFORMATION WILL BE USED
We do not sell, rent or lease any Personal Information you provide to any unrelated third party in the ordinary course of our business, nor do we disclose to them the Personal Information we collect for their own direct marketing purposes. but we may share it with related entities or with unrelated third parties regarding our own marketing activities, your credit application or credit card processing, or the maintenance and operation of our Website, or as may be legally required. (Please do not to send confidential or sensitive information, to us through this Website.)
Your credit card information and sensitive personal data are used only for processing payment and will not be used for any other purpose and will not be kept longer than necessary for providing the services, unless you ask us to retain your credit card information for future purchases.
OUR SECURITY PRECAUTIONS
We make reasonable efforts to protect personally identifiable information that you submit over our Website from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, due to the inherent nature of the Internet as an open global communications vehicle, the firm does not warrant or represent that its level of security meets or exceeds any particular standard, and no server or internet transmission is ever 100% secure or error free. You should take this into account when submitting personal or confidential data on any websites, including ours. Similarly, any information that you send us through our Website is not confidential or privileged. It is your responsibility to protect the security of your login information.
Although we use security that we believe to be appropriate to protect the limited personal identifying information disclosed to us on our Website, we do not guarantee that our security precautions will protect against and we expressly disclaim any liability for any loss, misuse, or alteration of your information or from your access to or use of our information.
Since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information that you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you provide any Personal Information to us, you do so at your own risk.
Please note that emails, instant messaging, and similar means of communication with us is not encrypted, and we strongly advise you not to communicate any confidential information through these means.
- Strictly necessary cookies. These are cookies that are required for the operation of our Website, apps and online services. They include, for example, cookies that enable you to log into secure areas of our Website or make use of any of our online-based services.
- Analytical/performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around our Website, apps and online services when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our Website, apps and online services. This enables us to personalize our content for you, greet you by name and remember your preferences.
- Targeting cookies. These cookies record your visit to our Website, apps and online services, the pages you have visited and the links you have followed. We use this information to make our Website, apps and online services and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Most web browsers automatically accept cookies, but you can configure your browser to stop accepting new cookies, to notify you when you a new cookie is received, and to disable existing cookies. If you choose to disable cookies in your browser, however, you may not be able to take full advantage of all our Website' features.
YOUR ACCESS TO YOUR OWN PERSONAL INFORMATION
We do not maintain all your Personal Information in a form that you can access or update, and some items, such as transaction records, may not be changed. Accordingly, we will determine and may limit what you may access and how, and we may keep a record of changes (including deletions) and disclose them for lawful purposes. We keep your Personal Information for as long as we think is necessary or advisable. You may review your Personal Information that is readily accessible or contact us to request that it be updated by contacting us. (see the “How to Contact Us” section below).
THIRD-PARTY ADVERTISERS AND LINKS TO OTHER WEBSITES
Our Website may include third-party advertising and links to other websites. We do not provide any Personal Information to these advertisers or third-party websites.
We also display personalized third-party advertising based on Personal Information about customers, such as purchases on our Website, visits to associate websites, or use of payment services. Although we do not provide any Personal Information to advertisers, advertisers (including ad-serving companies) may assume that users who interact with or click on a personalized advertisement meet their criteria to personalize the ad. If you do not want us to use Personal Information that we gather to allow third parties to personalize advertisements we display to you, please see the Opt Out section below.
DATA TRANSFERS We are based in the United States. When we obtain information about you, we may transfer, process, and store such information in the United States and other countries. By using our Website and mobile applications, you consent to the transfer to, and to the processing and storage of your information in, countries outside of the United States, which may have different data protection laws than those in the United States.
Do Not Track Disclosures
Some web browsers may transmit “do-not-track” (DNT) signals to our Website with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. We currently do not change our tracking practices in response to DNT settings in your web browser. Our third-party “partners”, such as web analytics companies, collect information about your online activities over time and across our Website and other online properties.
INFORMATION PERTAINING TO CHILDREN Our Website are not directed to, and we do not intend to, or knowingly, collect or solicit Personal Information online from children under the age of 16. We encourage parents or guardians to participate in and monitor their children’s online activity. If a child under 13 has provided Personal Information to us without parental or guardian consent, we encourage the child’s parent or guardian to contact us to have the information removed from our systems. If you are under the age of 13, do not provide us with any Personal Information either directly, on any website bulletin boards, or by other means.
If we become aware that a person submitting Personal Information to us through any part of our Website is a child, we delete the information as soon as we discover it and do not use it for any purpose, nor do we disclose it to third parties.
Since we do not seek to collect any Personal Information about children, and we delete any information collected inadvertently as soon as we discover that a child has submitted it, we typically retain no information about children that could be reviewed or deleted. If a parent requests review or deletion of information about their child before we have discovered and deleted the information, we will honor that request.
ASSETS OF THE CORPORATION
If for any reason, our ownership changes or our assets sold, the customer list is a part of our asset pool and may be sold or transferred in accordance with any applicable laws without your consent.
We attempt to maintain the accuracy of the content of this Website. Any errors or omissions should be reported.
We make no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of our Website and disclaim all liability for errors and omissions in the contents. No warranty of any kind, implied or expressed, or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of our Website or its hyperlinks to other Internet resources.
Reference in our Website to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by us or our officers, directors, shareholders, employees or agents.
We are not liable in any manner for your ability to use or for the contents of such Linked Sites as such sites are not under our control. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on those Linked Sites nor do we endorse your patronage or use of such sites and of the products and services offered therein.
CALIFORNIA'S SHINE THE LIGHT LAW
We don’t share any of your Personal Information with third parties for direct marketing. California Civil Code Section 1798.83, known as the “Shine the Light” law, permits our customers who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any Personal Information with third parties for their direct marketing purposes.
CHANGES TO YOU PERSONAL INFORMATION
You may update, correct or modify information about you or if you wish to deactivate your account, you can do so at any time by logging into your online account or by emailing us (see “How to Contact Us” below). But note we may continue to store information about you as required by law or for legitimate business purposes.
Depending on the circumstances and applicable law, you may have the right to:
- request access to any personally identifiable information we hold about you;
- object to the processing of your data for direct marketing purposes;
- ask to have inaccurate data held about you amended or updated;
- ask to have your data erased or to restrict processing in certain limited situations;
- request the porting of your personally identifiable information to another organization in control of your personally identifiable information; and/or
- object to any decision that significantly affects you being taken solely by a computer or other automated process.
We may send you email messages, direct mail offers, or other communications regarding products or services unless you specifically ask us not to do so when you access our Website or mobile applications or change your preferences by updating any accounts you may have with us. At any time, you may elect to discontinue receiving commercial messages from us by submitting an opt-out request when applicable (see the “How to Contact Us” section below). We will endeavor to process your opt-out request in a commercially reasonable time.
Printed Materials: To opt out of receiving printed marketing materials at your postal address, such as advertisements, flyers or postcards, write to us at the address in the “How to Contact Us” section below. Please be sure to include your name and mailing address exactly as they appear on the printed marketing materials you received.
Emails: To opt out of receiving marketing materials via email, please send an unsubscribe request to the email address in the “How to Contact Us” section below or click on the unsubscribe link at the bottom of the email that was sent to you and follow the directions on the resulting web page.
Facsimiles: You may opt out of receiving communications sent by fax by using the methods provided in the communication or by contacting us at the email address in the “How to Contact Us” below.
Voice or Text Messages: To opt out of receiving calls from our live representatives by telephone, contact us at the email address in the “How to Contact Us” section below. If you have consented to receive prerecorded voice messages or text messages, you may opt out of receiving them by using the method provided in the prerecorded voice message or text message or by contacting us at the email address in the “How to Contact Us” section below.
CLASS ACTION WAIVER
The parties agree that (i) no legal action arising out of this Agreement or your use of our Website, whether a consumer dispute or a business dispute, shall be certified as a class action or proceed as a class action, as a private attorney-general, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, (ii) only your individual claim shall be litigated and (iii) no legal proceeding shall be consolidated with, or joined in any way with, any other proceeding. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
JURY TRIAL WAIVER
We agree that any legal proceeding between us will not be a proceeding involving a jury. We each unconditionally waive any right to trial by jury in any action, proceeding or counterclaim in any way arising out of or relating to this Agreement or your use of our Website.
CHOICE OF LAW AND FORUM
This Agreement and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of California without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.
You will indemnify, defend and hold us harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS OUR LIABILITY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
WE DO NOT REPRESENT OR PROMISE THAT THE WEBSITE OR ANY CONTENT OR FEATURE THEREOF IS ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE DO NOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. WE DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE AND/OR THE CONTENT, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.
OTHER APPLICABLE TERMS AND CONDITIONS
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
HOW TO CONTACT US: