Privacy Policy.

We at Gaiaton (“Company”, “Us” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the websites and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Gaiaton and its Affiliated Entities (as defined below) collectively own, operate, and maintain gaiaton.com and store.gaiaton.com (our “Websites”)  and all of the various pages contained therein, including subdomains, and the related products and services whether provided through a website owned, maintained or controlled by us, through a social network, a mobile application, on a cellular telephone or otherwise.

This Privacy Policy (“Policy”) is an agreement between You and Us. It is governed by and incorporated by reference into the Terms of Service available here, and should be interpreted consistent therewith.

Along with our affiliates, parents, subsidiaries, trustees, directors, officers, shareholders, members, employees, contractors, advisors, representatives, subcontractors, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors or anyone acting on their behalf, We provide the Websites at www.gaiaton.com and www.store.gaiaton.com to you subject to the following Privacy Policy, which you acknowledge, agree to, and consent to by using the Websites.

Gaiaton includes Gaiaton, LLC and its trustees, directors, officers, shareholders, members, employees, contractors, advisors, representatives, subcontractors, consultants, attorneys, agents, suppliers, distributors, licenses and licensors (current and past) and any affiliates, individually and collectively, and any related individuals or entities.

Affiliated Parties means Gaiaton, LLC and any related individuals, affiliates and subsidiaries, and any of their trustees, directors, officers, shareholders, members, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors.

This policy applies to information we collect:

• On the Websites.
• In email, text, and other electronic messages between you and the Websites.
• When you interact with our advertising on third-party websites and services, if the advertising includes links to this policy.

It does not apply to information collected by:

• Us offline; or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from on the Websites.

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOUR CHOICE IS NOT TO USE OUR WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU INDICATE YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY AND AGREE TO ITS PROVISIONS. THIS POLICY MAY CHANGE FROM TIME TO TIME. YOUR CONTINUED USE OF THIS WEBSITE AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE PERIODICALLY CHECK THIS POLICY FOR ANY UPDATES.

 

You also represent that you are at least 18 years old and not a person barred from receiving services under the laws of the United States or other applicable jurisdictions.

1. California Residents

While some of our customers are residents of California,  due to its definitions, we ourselves are not subject to the provisions of the California Consumer Privacy Act of 2018.

If you are a California resident, you may be entitled to yearly notice about certain information provided in the previous calendar year to third parties for use by those third parties in marketing their products and services to you. Please send your request to receive this yearly notice by email to [email protected]. We reserve the right to not respond to requests submitted other than to the email or mailing addresses specified in this section.

If you are a California resident and are under 18 years of age, you may request and obtain removal of postings on the Websites that you yourself post by emailing us at [email protected]. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content or information in your posting that you want removed and information reasonably sufficient to permit us to locate the material and include the name and URL (if applicable) of the website, application or other interactive service. We shall not accept requests via postal mail, telephone or facsimile.

1. Children under the Age of 16

By using our Websites, you represent that you are at least the age of majority in your state or province of residence. The Websites are not directed toward children under 16 years of age nor do we knowingly collect information about children under 16. If you are under 16 years of age, you are not permitted to submit any personally identifiable information (“PII”) to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received PII from a child under 13 without verification of parental consent or from a California teenager ages 13-16 without such teenager’s consent, we will delete it immediately.  If a parent or guardian becomes aware any of his/her children has submitted PII to us, please immediately notify us at [email protected].

1. Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Websites, including information:

• By which you may be personally identified aka PII, such as name, postal address, e-mail address, telephone number, credit card information;
• That is about you but individually does not identify you, such as Internet Protocol (IP) address, browser type, operating system, referring web page, pages visited, location, mobile carrier, device and application IDs, search terms, and cookie information.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us

The information we collect on or through our Websites may include:

• Information that you provide by filling in forms on our Websites. This includes information you provide at the time of setting up your account and/or making a purchase. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Websites or express concerns about our products.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Websites.
• Your search queries on the Websites.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Websites, such as “Comments”. You should exercise caution when deciding to disclose your personal details, including your PII.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Websites, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

Some browsers have a “do not track” feature that lets you tell those websites you do not want to have your online activities tracked.  At this time, we do not respond to browser “do not track” signals. Except as described below, no other third party conducts tracking or analytics on our site.

You may not find third-party website links on all of the pages of our Websites.  However, where they are provided, this Privacy Policy does not cover the information privacy practices of any of those third-party websites or those you may otherwise be able to access from our Website.  We do not control, and are not responsible for, any such third-party websites’ collection and use of your information.  All users should timely refer to the privacy policy disclosures on those websites to obtain information regarding their information collection and use practices.

The information we collect automatically does not include PII, but we may maintain or associate that information with PII we collect in other ways. Doing so helps us to improve our Websites and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Websites according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Websites.

The technologies we use for this automatic data collection may include “cookies.”  Cookies are files with small amounts of data, which may include an anonymous unique identifier.  Cookies are sent to your browser from a website and stored on your computer’s hard drive.  Like many sites, we use “cookies” to recognize your logged-in state on our website, to understand what Services you are interested in, to make our Websites function for you, and to help your browsing experience and use of the Websites and our Services feel more customized.  You may be able to instruct your browser to refuse all cookies or to indicate when a cookie is being sent.  However, if you do not accept cookies, you may not be able to use some portions of our Websites. You can obtain more information about cookies at http://www.allaboutcookies.org/.

We may also use web beacons, pixel tags and similar software which are invisible graphics on a web page or email that are programmed to collect non-PII about the use of a given website or newsletter, such as whether or not an email is opened and viewed.

We use the following Google Analytics Advertising Features:

• Google Display Network Impression Reporting.
• Integrated services that require Google Analytics to collect data via advertising cookies and anonymous identifiers.

You can opt-out of the Google Analytics Advertising Features here: https://tools.google.com/dlpage/gaoptout/. You can also opt-out through any other available means.

You can read more at the Google Analytics Privacy Overview: https://www.google.com/intl/en/analytics/privacyoverview.html

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Websites are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

1. How We Use Your Information

We use the information we collect about you or that you provide to us, including any PII:

• To present our Websites and their contents to you.
• To provide the products and services you request.
• To deliver and track shipments.
• To provide customer support, and respond to your requests, questions, and comments pertaining to your purchase.
• To process returns and refunds.
• To perform data analyses (including geographic distribution of shipments, or financial analysis).
• To protect against, identify, and prevent fraud and other criminal activity.
• To comply with applicable legal requirements.
• To fulfill any other purpose for which you provide the information.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Websites or any products or services we offer or provide though it.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

Gaiaton will retain your information only for as long as is necessary for the purposes set out in this Privacy Policy, or as needed to provide the services to you or otherwise to satisfy our legitimate business interests. Gaiaton will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this Privacy Policy.

1. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

Gaiaton will not sell, share, dispose, or otherwise transfer your PII to third parties without your consent except as specifically set forth in this Privacy Policy. When you choose to supply us with your email address, Gaiaton compiles this information in a database with other Gaiaton customer information.

We may disclose PII that we have about you as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business  (e.g., payment processors and courier services) and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Gaiaton’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which PII held by Gaiaton about our Websites’ users is among the assets transferred.
• To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To fulfill the purpose for which you provide the information.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To enforce our Terms of Use and this Privacy Policy, including any investigation of potential violations thereof;
• To notify you about any changes in or to our Websites or other products or services;
• To fulfill our legal obligations or to otherwise contact you;
• To fulfill our legal obligations and respond to any claims, litigation and/or law enforcement or other government inquiry;
• To deliver products and services to you and to improve the design and performance of the Websites. We may also use your information to deliver to you, among other things, communications, emails and marketing materials from us and third parties as you request them or which we feel may interest you, where you have consented to be contacted for such purposes;
• To ensure that our Websites, products and services are presented to you in the most efficient manner for you and us and to improve the design and performance of the Websites;
• To administer our Websites and keep them safe and secure, and for internal operations, including research, statistics, troubleshooting, detection/prevention/addressing any potential credit risks/fraud prevention, data analysis, testing, security, survey, and similar purposes;
• To share the data we hold with third party service providers, including credit card processors, auditors, and other service providers, or aggregated and non-identifying information for industry research and development, demographic profiling and other similar purposes;
• To disclose as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to protect our operations or those of any of our Affiliated Parties; (c) to protect our rights, privacy, safety or property, or that belongs to you or others; or (d) to allow us to pursue available remedies or limit the damages that we may sustain; and/or
• For any other legitimate business purpose we may have in accord with this Privacy Policy, including but not limited to protection of our rights, property or safety, or the rights, property and safety of our employees, users and/or others.

You must notify us immediately of any suspected or actual unauthorized use of your customer information, and of any and all other security breaches.

1. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the PII you provide to us. You have the right to ask us not to process your personal data for marketing purposes. If you have signed up for our e-mail list and later decide you don’t want to receive any more e-mails from Us, you have the choice at any time to withdraw your consent for us to contact you by using the “unsubscribe” function in our e-mail messages, or by contacting us via e-mail at [email protected].

You also have the choice to do the following at any time by contacting us via the e-mail or postal address above:

• Obtain a copy of the data we have about you, if any.
• Have us change, correct and/or delete any data we have about you (except for information we are required by law or for legitimate business interests to retain).
• Withdraw your consent or object to the processing of your personal data, with some exceptions.
• Express any concern you have about our use of your data.
• Close your account with us.

We may choose to verify your identity before responding to any such request.

1. Data Security and Storage

We store your information primarily in the United States. Some information may be stored elsewhere. You authorize us to do so. The PII and other data we collect about you and your use of our Websites may be maintained in servers we control and maintain or in third party servers. The information you provide may be transferred or accessed by entities in many different countries as described elsewhere in this Policy. By submitting your information, you agree to the transfer, storage and processing of your data in accord with this Policy.

We have technical, administrative and physical safeguards in place to help protect against unauthorized access to, use and disclosure of PII and other information we maintain. Access to this information is authorized only for those who have a business need for such access.

We will do our best to keep the PII data we maintain secure. However, no program is totally secure. Therefore, we cannot guarantee that our safeguards will prevent every attempt at unauthorized access or use, or the disclosure of any PII. If you become aware of a security breach, please notify us immediately at [email protected].

You can help protect your PII by using a combination of letters, numbers and characters in your password (referred to as a strong password), changing your password often, using a secure web-browser, and signing off our Websites when you have completed your activities.

1. Payment

Gaiaton does not store credit card data.  Customer encrypted credit-card data is securely stored and processed by our payment-processing vendor.  For more details on how credit card information is handled/secured by our payment-processor vendor, please see Stripe’s Privacy Policy: https://stripe.com/us/privacy.

1. Laws in Other Countries

We comply with United States privacy laws and regulations. We do not represent our Websites are governed by, or operated in accordance with, the laws of other nations or jurisdictions, or that the Websites or any portion of them are appropriate or available for use in any particular location.  If you choose to access either or both of our Websites, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.  By using the Websites, visitors to it from outside the United States acknowledge and agree that our Websites are subject to United States laws and regulations, and waive any claims against us that may arise under their own national laws.

1. Vermont Residents

The information practices described above comply with U.S. federal law.  Vermont law places additional limits on the sharing of your PII.  In accordance with Vermont law, we will not disclose information we collect about Vermont residents to unaffiliated companies except as permitted by law, such as with the authorization or consent of the Vermont resident.

1. Changes to Our Privacy Policy

We reserve the right to modify this Privacy Policy at any time, so please review it frequently.  Changes and clarifications will take effect immediately upon their posting on the Websites. If we make material changes to this policy, we will notify you it has been updated via an announcement on our Websites, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

In case there is a conflict between the terms established in this Privacy Policy and the terms established in our Terms of Use, the Terms of Use prevail.