(Effective January 28, 2020)
Your Privacy Is Important to Us.
Flu Armour Collects Data and Information about You and Your Use of Our Services.
Flu Armour will prompt you to provide information about yourself during the course of using our Services. Among other things, Flu Armour may require you to create a user ID and password, and will require you to provide provide personally-identifying and financially-sensitive information, if you wish to purchase an Item.
If at any point you provide Flu Armour or its Affiliates with contact information (e.g. email address, mailing address, phone number, name), personally-identifying information (e.g. full name + street address; driver’s license number; government-issued photo ID), login/password information, and/or financially-sensitive information (e.g. credit card information), Flu Armour and its Affiliates reserve the right to collect such information. Flu Armour and its Affiliates also reserve the right to collect information about any contact you make with Flu Armour; this includes, without limitation, recording customer calls and saving and memorializing electronic messages and communications for the purposes of quality assurance, user data analysis, evidence in a dispute, and/or enforcement of agreements. To the extent that Flu Armour or one of its Affiliates takes any photographs or videos of your Item(s) – or the spaces and areas nearby the intended location of your Item(s) – Flu Armour and its Affiliates reserve the right to retain those photos.
You acknowledge and agree that Flu Armour and its Affiliates reserve the right to collect any and all text, photos, images, video, audio, and multimedia you create, provide, upload, download, import, sync, and/or share in connection with our Services.
If you use a third party provider (e.g. Facebook, Twitter) to connect with Flu Armour, Flu Armour and its Affiliates reserve the right to collect information from that third party regarding your online profile, contact information, user history, online contacts/friends, and settings and preferences, as well as any other information which you have agreed to disclose.
Flu Armour Will Store & Retain Your Information.
You acknowledge and agree that Flu Armour and its Affiliates reserve the right to freely retain and store all data and information that we collect from you – in any manner and/or format we choose, in any location we select, worldwide, across and for any duration of time. Likewise, Flu Armour and its Affiliates reserve the right to delete, filter, edit, remove, or destroy any data and/or information we collect for any purpose without notice or cause; we maintain no obligation to preserve your data.
Flu Armour Does Not Sell Your Personal Information for Advertising or Marketing Purposes.
You acknowledge and agree that, if Flu Armour and/or its Affiliates collects or obtains a record of your name, address, email address, government-issued photo identification, and/or phone number, neither Flu Armour nor its Affiliates will sell that information to any third party, except in the event of a merger, acquisition, asset sale, or change in control.
You acknowledge and agree that Flu Armour and its Affiliates will not sell any passwords or financially-sensitive information that you provide to any third party whatsoever; however, Flu Armour and/or our Affiliates may transfer such information – and related rights, obligations, and liabilities – to a third party in the event of a merger, acquisition, asset sale, or change in control.
You acknowledge and agree that Flu Armour and its Affiliates may send you marketing and advertising messages on behalf of a third-party and/or subject to a paid arrangement with a third-party. Under such a circumstance, neither Flu Armour nor its Affiliates will disclose your contact information or personally-identifying information to said third-party.
Flu Armour Intends to Make Substantial Use of Your Data & Information.
2. Aggregating User Data & Optimizing Your User Experience. You acknowledge and agree that Flu Armour and its Affiliates may use information and data provided and/or generated in connection with your use of our Services in order to study and infer patterns of behavior and factual information about you and other members of the Flu Armour community. You recognize that Flu Armour and its Affiliates may pool this information and data to create compilations and aggregated data sets. You acknowledge and agree that Flu Armour reserves the right to use aggregate (i.e. non-individualized) data for its own analysis, as well as for any other lawful purpose it deems fit, including without limitation for sale to third parties, such as market research firms and advertisers; however, this aggregate data will include no personally-identifying or financially-sensitive information. Furthermore, you acknowledge and agree that Flu Armour and its Affiliates reserve the right use information and data provided and/or generated in connection with your use of our Services in order to provide you and other Flu Armour community members with customization and targeting around product offerings, marketing efforts, and user experiences; this includes, without limitation using such data and information to provide targeted ads and promotions, as well as push notifications.
4. Sharing Your Information within Flu Armour. You acknowledge and agree that, among our Company and its Affiliates, Flu Armour may fully and freely disclose and discuss any information and data regarding you and/or your use of our Services – even financially-sensitive and personally-identifying information – in furtherance of legitimate business purposes. This includes, but is not limited to the disclosure and transfer of all such information and data in the event of a merger, acquisition, asset sale, or change in control.
5. Communications from Flu Armour. Flu Armour needs to be able to contact you regarding your purchase of one or more Items, matters relating to the safety/security of your data, and other important service notices (“Mandatory Communications”). Furthermore, Flu Armour wishes to keep you up-to-date about new suppliers and arrivals, the latest sales and offerings, and other matters relevant yet non-essential to our community (“General Communications”). These Mandatory Communications and General Communications may result from information that you provide us, information provided to us by a third party, and/or your usage of our Services. By sharing your contact information with Flu Armour, you agree to receive Mandatory Communications and General Communications from Flu Armour and its Affiliates. You acknowledge that you may opt-out of General Communications any time by clicking as indicated in such communications; however, you may not opt out of Mandatory Communications.
Flu Armour Requires You to Accept These Disclaimers, Releases & Indemnification Obligations.
You acknowledge and agree that neither Flu Armour nor any of its Affiliates warrants or guarantees the safety and/or security of information and data you transmit to, from, or in connection with Flu Armour; this includes, without limitation, your personally-identifying and financially-sensitive information. Likewise, you acknowledge and agree that Flu Armour and its Affiliates cannot guarantee that your sensitive information will be free from unwanted access, usage, disclosure, and/or alteration. Indeed, you acknowledge and agree that you are solely responsible for protecting your own private and sensitive information, such as your passwords and financial account information.
Excluding matters of recklessness and willful misconduct, you agree to release Flu Armour and its Affiliates in connection with any disputes, claims, controversies, lawsuits, liabilities, decisions, damages, awards, amounts, costs, fees, and/or penalties arising out of and/or relating to the unwanted access, collection, storage, and/or usage of your data and information and/or the data and information of a third party – even if the alleged breach originated from Flu Armour’s sole acts and/or practices, and regardless of prior notice or warning.
Furthermore, you agree to defend, indemnify, and hold harmless Flu Armour in connection with any third-party claims, controversies, lawsuits, liabilities, decisions, damages, awards, amounts, costs, fees, and/or penalties arising out of and/or relating to your actions and/or omissions in connection with a third-party’s data and/or information.
During your Flu Armour experience, you may interact with third party services (e.g. social media providers, customer support providers). You may also access our Services via electronic devices, mobile networks, and internet service providers. All of these third parties have implemented and manage their own privacy policies and practices. You acknowledge and agree that neither Flu Armour nor its Affiliates are responsible for the acts and/or omissions any third party as to the access, collection, storage, and/or usage of any of your data or information. We encourage you to carefully review all third party terms of service and privacy policies; your terms of consent and willingness to consent are strictly between you and said third party.
Final, Miscellaneous Points
2. California Residents. California residents are allowed to request a list of personal information we disclosed to third parties for direct marketing purposes, alongside the identities of those third parties. This request is free, and California residents are allowed one per year under California Civil Code 1798.83. You may submit these requests to email@example.com, subject line "Shine the Light Law Request,” or write us at: Flu Armour LLC, Attention: Legal Department, 169 54th Street #208, Brooklyn, NY 11220.