EUROPEAN UNION GDPR INFORMED CONSENT
EUROPEAN UNION GDPR INFORMED CONSENT
This Informed Consent (“Consent”) is provided pursuant to the European Union’s General Data Protection Regulation (the “GDPR”) by Mad Engine Global, LLC (the “Company” , “We” , “Us” or “Our”), which owns and/or operates the Company’s website at www.neffheadwear.com (“Company Website”) or through any other, site, program, activity, technology platform, technology application, or service offered by Company (the Company Website and these other programs, activities, platform, applications and services are collectively referred to as “Company Program(s)”.
This Consent is presented to you in your status as an individual (“You” or “Data Subject” or “Your”) who is using the Company Website or any other Company Program or applications owned or operated by the Company, is participating in any other Company sponsored events, or is otherwise using any other products or services provided through any of the foregoing.
BY CHECKING THE "I AGREE" OR “CONTINUE” BOX TO THIS CONSENT, YOU (AS AN INDIVIDUAL) HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS CONSENT, UNDERSTAND ALL OF THE NOTICES PROVIDED IN THIS CONSENT, AND HEREBY AGREE TO ALL OF THE PROVISIONS SET FORTH IN THIS CONSENT AS OF THE DATE OF SUCH CONSENT.
NOTICE AND INFORMED CONSENT
A. CONSENT TO COLLECTING, USING AND SHARING PERSONAL DATA
By assenting to this Notice and Informed Consent, You hereby give Your consent and authorization to collect, use and share (collectively, the “Permitted Uses”) of Your personal information or personal data as set forth below
- WHAT INFORMATION DO WE COLLECT?
During a User’s access or use of the Company Website or any other Company Programs, the Company may, either directly or by using its service providers, gather, collect, record, hold, distribute, share, disclose or otherwise use personal information or data about You which you provide to Us, as described in Section 1.1 below in this Section A(1), or which is automatically collected, as described in Section 1.2 below in this Section A(1) (hereinafter collectively referred to as the User’s “Personal Information” or “Personal Data”).
1.1 INFORMATION YOU PROVIDE TO US
We collect Personal Information that You provide directly to Us. For example, we may collect Personal Information from You if You:
- provide Us with any data about You through the Company Website or any other Company Program, or via telephone;
- create an account with Us;
- purchase or otherwise request any of the Company’s products or services;
- request any customer support;
- request any exchange or return of any of the Company’s products or services;
- request any information from or about the Company, such as a newsletter, e-alert, or any other information about Our products, services, events or business partners;
- fill out any other information through any Company Program;
- communicate with any other representative of our Company;
- communicate with Us via third party social media sites;
- participate in any contest, promotion or sweepstake;
- apply for a job with the Company; or
- otherwise communicate with Us in any other way.
In these instances, the types of Personal Information that We may collect from You includes:
- Your name;
- Mailing address and/or billing address;
- E-mail address;
- Phone (or mobile) number;
- Date of birth or age;
- Gender, educational levels, OR military status/service;
- Credit or debit card number and other information about the same (if You make a payment either directly to Us or by using a third party payment provider that handles payments and will receive Your payment card information);
- Information about Your bank or checking account (if you make a payment through Your bank transfer);
- Gift card information or related gift information;
- Information You provide when You purchase any of Our goods or services, including product or service parameters or preferences You provided when making a purchase; or
- photos, videos, audio or similar content uploaded by You;
- Information You provide or otherwise involved in the return or exchange of a product, such as information about the transaction, product details, purchase price, and the date and location/media of the transaction.
1.2 INFORMATION AUTOMATICALLY COLLECTED
When a User accesses or otherwise uses the Company Website or any other Company Program, We automatically collect certain Personal Information about You, including:
- Device Information. We (or our service providers) may collect information about the computer, tablet, phone or other device you use to access any of the Company Programs, including the Internet Protocol address, hardware models, operating system and version, mobile network information and other unique device identifiers.
- Cookies and other Web-based Tracking Technologies: We (or our service providers) may use different technologies such as cookies, web beacons, or other types of small temporary files or web-based tracking technologies to gather certain information. A cookie is a small data file stored by Your web browser on Your computer or mobile device (hard drive) that helps Us to improve the way We deliver our Company Website or other Company Programs to You, helps Us improve Your overall experience using Our Company Website or other Company Programs, and/or helps Us analyze the areas and features of our Company Programs that are most popular or to detect fraud. Web beacons are electronic images that may be used in Our Company Programs or emails and help deliver cookies, count visits, and understand usage. Like many other websites, cookies and these other web-based tracking technologies may be used by Us (or our service providers) during Your visit to the Company Website or other Company Program in order to improve Your individual experience as a User of the Company Website or other Company Program or to generally improve or enhance the overall functionality of the Company Website or other Company Program. While most websites automatically accept cookies for these purposes, You may be able to instruct Your browser to stop accepting cookies or prompt You before accepting a cookie from the sites You visit, including the Company Website.
- Geo-location Data: Subject to any of Your device permissions, We (or our service providers) may be able to collect information about the precise location of your device or may gather other general location data based on GPS data, mailing address, and/or billing address (hereinafter collectively referred to as “Geo-location Data”).
- Social Media Information. If any of Our Company Programs offer any social media features, such as the Facebook Like buttons or similar social media interactive mini-programs, these features may collect Your Internet Protocol address, which page You are visiting on Our Company Program, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on Our Company Program. Your interactions with these features maybe governed by the privacy policies of the company providing it (see Section 8 regarding Third Party Sites).
1.3 EXCLUSIONS FROM PERSONAL INFORMATION
Personal Information does not include: (i) publicly available information from government records; and/or (ii) de-identified or aggregated consumer information.
- HOW WE USE YOUR INFORMATION.
- Process your purchase transactions, fulfill your orders, process exchanges and returns and send shipping notifications;
- Send support and administrative messages, and respond to your comments, questions, and customer service requests;
- Monitor and analyze trends, usage, and activities in connection with Our goods or services;
- To perform credit check;
- To conduct credit card screenings or to otherwise protect against fraud or unauthorized transactions, including by identifying potential unauthorized users or hackers;
- Personalize Your experience and the advertisements and content You see when You use any Company Program based on Your preferences, interests, and browsing and purchasing behavior;
- For compliance purposes as may be required by applicable laws or regulations or as requested by any judicial process or governmental agency (including without limitation for Company’s tax reporting) or as may be requested under any subpoena;
- To facilitate Your use of various social media sharing features or other integrated tools (such as the Facebook “Like” button) which You may use as part of social media pages;
- To facilitate any contests, sweepstakes, or promotions and process and deliver entries and rewards;
- Process your information to evaluate Your application if You apply for a job; or
- To carry out any other purpose described to You at the time the Personal Information is collected.
2.2 OTHER WAYS WE MAY USE YOUR INFORMATION. In addition to the above, your personal information may be gathered, collected, recorded, held or otherwise used for the following additional purposes:
- To use with, or otherwise distribute, share or disclose to, any of the Company’s professional advisors such as attorneys or accountants (“Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals; or
- To use with, or otherwise distribute, share or disclose to, any government agencies or third parties in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law or regulation (including without limitation tax reporting).
2.3 OTHER TERMS REGARDING THE USE OF INFORMATION
- DISCLOSURE OR SHARING OF INFORMATION TO THIRD PARTIES
3. DISCLOSURE OR SHARINF OF INFORMATION TO THIRD PARTIES
We may distribute, share or disclose Personal Information about You as follows or as otherwise described herein:
- Affiliates and Subsidiaries. We may disclose Your Personal Information with our affiliates or subsidiaries for any of the purposes described herein.
- Service Providers. We may share or disclose Your Personal Information with Our service provides or other third party vendors that We retain in connection with the provision of the Company Programs, including without limitation the following types of service providers that We may engage:
- Email, internet or other telecommunication service providers;
- Cloud, other data storage, or other hosting service providers;
- Third party payment service providers, including without limitation third party credit card processors (see Third Party Application Providers below);
- Analytics companies who assist Us with various types of data analytics (see Analytics Partners below);
- Third parties shippers; or
- Other third party contractors we engage to assist Us in providing Our goods and services.
- Third Party Application Providers. If a third-party application is used to support Our Company Programs, We may share or disclose Your Personal Information to such third party application providers, including without limitation third party credit card processors or other third party payment service providers.
- Analytics Partners. We may use analytics services provided by a third party analytics service provider or by using one of their tools, such as but not limited to Google Analytics, to collect and process certain analytics data. These services may also collect data about Your use of other websites, apps, and online resources.
- Aggregated Form. We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Company Programs.
- Advertising / Marketing Partners. We may work with advertising or marketing companies (collectively, “Advertising Partners”) in order to provide You with advertisements, marketing or other information that We think may interest You. These Advertising partners may set or access their own cookies, pixel tags or similar technologies on our Company Programs or they may otherwise collect or have access to data about You which they may collect over time and across different online services. These Advertising partners may also provide Us with their own independent data about potential customers and such data could include data about You previously collected by the Advertising Partner.
- Social Media Features. The Company Programs may, now or in the future, offer social media features, including certain sharing tools or other integrated tools (such as the Facebook “Like” button), which let You share actions that You take on Our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings You establish with the entity that provides the social sharing feature.
- As Required By Law, Subpoena or Similar Government Order. We may access, preserve, share, or disclose Your Personal Information if We believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any tax reporting requirements of the Company; (ii) comply with any other law enforcement requests or legal process, such as a court order or subpoena; (iii) respond to Your requests; or (iv) protect Your, Our, or others’ rights, property, or safety. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSURE YOUR PERSONAL INFORMATION TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING ANY COMPANY PROGRAM.
- Company’s Outside Professional Advisors. We may share or disclose Your Personal Information with any of the Company’s Outside Professional Advisors (as defined in Section 2.2 of this Section A) in order to facilitate the professional advice such Outside Professionals provide to the Company.
- Consent. We may also share or disclose Your Personal Information with your permission.
B. ADDITIONAL NOTIFICATIONS TO EU DATA SUBJECTS REGARDING THEIR RIGHTS AND THIS INFORMED CONSENT
- The above described Permitted Uses may be modified by the Company after giving reasonable notice to You.
- The Company will retain the Data Subject’s Personal Data for the minimally necessary amount of time to carry out the Permitted Uses.
- Providing the Personal Data requested by the Company is a condition of using the Company Website and the other Company Programs. If You are unwilling to provide Your Personal Data, or in the future request that Your Personal Date be erased (pursuant to the notification described below), You may be denied use or access to one or all of features and functionalities of the Company Website and other Company Programs.
- The Company may process your Personal Data based upon any one or more of the following conditions:
- Informed Consent: You have given Your informed consent to the Company for processing certain Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the particular Processing of your Personal Data, and in particular whether the provision of Personal Data (as defined under the GDPR) is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
5. Data Subjects (as such term is defined in the GDPR) are hereby notified that they have the following rights pursuant to the GDPR:
- Pursuant to GDPR Article 15 (Right of Access by the Data Subject), to obtain from Us confirmation as to whether or not Personal Data (as such term is defined in the GDPR) has been Processed (as such term is defined in the GDPR) and, if that is the case, access to that Personal Data and additional information about how it has been Processed, including without limitation: (i) the purpose of the Processing; (ii) the category of Personal Data concerned; (iii) the categories of recipients to whom the Data Subject’s Personal Data has been disclosed; (iv) the planned retention period; (v) the existence of Your right of rectification, deletion, limitation of processing or opposition; (vi) the existence of a right to complain; (vii) the source of the collection of Personal Data if not collected from Us; (viii) and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;
- Pursuant to GDPR Article 16 (Right to Rectification), to request the correction (modification) of incorrect Personal Data or any completed Personal Data stored by Us;
- Pursuant to GDPR Article 17 (Right to Erasure; “Right to be Forgotten”), to request the deletion of the Data Subject’s Personal Data stored by Us, except for the allowed continued uses permitted by the GDPR, including without limitation as far as the Processing is needed to exercise the right to freedom of expression and information, for the fulfillment of a legal obligations, for reasons of the public interest or for the assertion, exercise or defense of legal claims if required;
- Pursuant to GDPR Article 18 (Right to Restriction of Processing), to demand the restriction of the Processing of the Data Subject’s Personal Data where one of the following applies: (i) as far as the accuracy of the Personal Data is disputed by the Data Subject; (ii) the Processing of the Personal Data is unlawful, but the Data Subject rejects its deletion; (iii) We no longer need the Personal Data, but the Data Subject requires it to exercise or defend legal claims; or (iv) the Data Subject has objected to the Processing of the Personal Data in accordance with GDPR Article 21;
- Pursuant to GDPR Article 20 (Right to Data Portability), the right of the Data Subject to receive his/her Personal Data as provided to Us, in a structured, common and machine-readable format or to request the transfer to another person responsible;
- Pursuant to GDPR Article 7(3) (Conditions of Consent), the Data Subject’s right to withdraw, at any time, the Data Subject’s once granted consent. As a result, We are no longer allowed to continue the Processing of Personal Data based on that consent for the future, but such withdrawal does not affect the lawfulness of the Processing of Personal Data based on such consent before such withdrawal; and
- Pursuant to GDPR Article 77 (right to Lodge a Complaint with a Supervisory Authority), the right of the Data Subject to complain to a Supervisory Authority, as such term is defined in the GDPR. As a general rule, the Data Subject can contact the Supervisory Authority of the Data Subject’s usual place of residence or work or place of the alleged infringement.
6. In order to give the Company notice of Your exercise of the above-described rights, You must contact the Company at the following email address: PRIVACY@MADENGINE.COM
7. Your above-described rights to request that the Company erase (i.e., remove and delete) and/or modify Your Personal Data, or that Company give you a copy of Your Personal Data, will be at Your cost (prepaid).
8. In the event you request that the Company erase (i.e., remove and delete) Your Personal Data, You hereby acknowledge and agree the following shall govern: (i) by doing so the Company has the right to deny You the ability to use or access the Company Website or any other Company Program or to use or participate in any other goods or services provided by the Company; and (ii) the Company has the right to retain an archival copy of certain Personal Data to the extent necessary for the Company to satisfy or comply with its tax obligations (including without limitation for any tax audits by any governmental agency) or to otherwise comply with any other laws, regulations, court orders or subpoena.
9. If We share or otherwise discloses any of Your Personal Data with the following parties as outlined above, We shall take the following reasonable measures: (i) if to our service providers, We will contract with these service providers to provide that they will only use Your Personal Data in compliance with the GDPR; or (ii) if to Our Outside Professionals (as defined in Section 2.2 herein), Our affiliates or subsidiaries, or to any Our M&A Parties (as defined in Section 3 herein), We will require them to only use Your Personal Data in compliance with the GDPR.