Privacy Policy

PRIVACY STATEMENT

----

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at sales@gearthirty.com or mailing us at: GEAR30 LLC 1931 S. Washington Boulevard, Ogden, UT, 84401, United States

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - LIGHTSPEED and CAYAN MERCHANT SERVICES

Our store is hosted on Lightspeed Retail and eCom Services. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Lightspeed's data storage, databases and the general Lightspeed eCom services. They store your data on a secure server behind a firewall.

Payment: Cayan Merchant Services

Privacy Policy

October 15, 2016

Keeping information private and secure is critically important to us at Cayan, LLC (“Cayan”, “we”, “us” or “our”). We recognize the importance of protection the privacy of information collected about our users, and we operate in accordance with applicable data protection legislation. This privacy policy (this “Privacy Policy”) is intended to help you understand how we gather, use, and disclose information that you (“you” or “User” or “Visitor”) provide to us by visiting our sites, and with whom information is shared.  This Privacy Policy applies to all Cayan-maintained websites, domains, merchant services and merchant portals, stored value and loyalty programs and other channels, and other online resources (the “Sites”), though because of the functionality of some of our Sites, additional terms and notices may be required.

Maintaining a website is an evolving process and we may need to to change this Policy, in whole or in part, at any time, with or without advance notice, by posting a new Policy in its place. Your continued use of the Site following any changes to this Policy will constitute your acceptance of such changes at the time of use.  If you disagree with how we may use your information under this Policy, you should not use the Site.

If you have any questions or concerns regarding this Privacy Policy, please contact Cayan at privacy@cayan.com.

1. What type of information does Cayan gather?

The type of information gathered by Cayan is dependent on the nature of the activity and relationship with you. We provide a variety of products and services through our Sites, each of which is described below or in additional policies connected to those sites.

• Non-Personal Information.  Generally, we collect browser information and other non-user specific information from all Visitors to the Site to support the operation of the system and provide us with broad user patterns and data. Information collected while you are browsing the Sites may be used to analyze trends, administer the Sites, improve Site performance, gather broad demographic information, and for security purposes. This information may be aggregated, which means it may be automatically provided to us but not tied to you as an individual. Examples include information about the websites that you visit just before or after our Sites, time spent at our Sites, and IP addresses, which are numbers automatically assigned to your computer whenever you access the Internet.
• Cookies.  Cookies are a technology that can be used to provide you with tailored information from a website. A cookie is a small packet of data that a website can send to your browser, which may then store it on your system.  Cayan utilizes cookie technology to help deliver a better user experience, such as remembering your password for a future visit so that you don’t have to re-enter it. Most browser software provides you the opportunity to control cookies. You may modify your browser settings to notify you when you receive a cookie, giving you the chance to decide whether to accept it. However, certain conveniences and other functionality on the Sites may be limited if you choose not to accept any cookies.
• Personal Information.  For some features and services on the Sites, we collect personal information that you volunteer by completing various forms on the Site, including requests to receive information, download materials, or receive agent and/or merchant account applications. When you complete and submit a form or contact us via email, fax or phone (each an “Inquiry”), we may collect, store, and create a corresponding participating member profile.  The information obtained from the Inquiry and its contents, may include personally identifiable information (such as your real name, address, phone number, e-mail address, user IDs, passwords, billing information, or other information) you have provided. Any personally identifiable information you submit via an Inquiry is collected only with your knowledge and active participation, and by doing so you expressly consent to our storing, processing, and using such information for these purposes. When you register to use Cayan’s online processing services (“Gateway Services”), or you submit an application to obtain a Cayan merchant account, you will be required to provide personally identifiable information and may be required enter into a separate written agreement with Cayan. If you order any products or services from businesses, or ‘Customers’ that use our Gateway Services, you may be required to submit personally identifiable information for the purpose of processing those orders. Cayan may also obtain information about you from third party sources, including consumer-reporting agencies.

2. Who is collecting my information?

When you asked on the Sites to provide information, you are sharing that information with Cayan, unless specifically stated otherwise. Cayan works with some third party providers to improve the services and customer experience that we can provide to you.

• Phone and Live Chat. When you call us by phone or click to access our live chat feature, Cayan, or our third party service providers, capture certain information about you including your caller identification. We also may record phone calls and live chat transcripts for quality and training purposes, and to improve our services. Contact information provided through these communications is stored in our database and may be compared to verify identification and improve our response.
• Log Files. When you request information or download a file from the Sites, Cayan may store data about those actions and your IP address in a log file. We may use this information to analyze trends, administer the Sites, track users’ movements, and gather broad demographic information for aggregate use or for other business purposes.
• Tracking and Analytics. Cayan uses third-party services that utilize dynamic number insertion technology to help provide us with information about you when you click through an online advertisement. That technology connects a call that you place to us using a unique toll-free number with keyword and ad source information. We also use analytics tools provided through third parties to help us leverage anonymous identifiers so that we can serve you personalized content now or on a return visit to improve your experience.
• Third Party Links.  Please be aware that the Site may provide links to third party websites and resources.  Such links are provided as a convenience to you and for informational purposes only.  Cayan is not responsible for and cannot control these third party websites and resources, does not endorse them, and is not responsible for their availability, content, or delivery of services.  Third party websites and resources are not bound by this Policy; they may have their own policies regarding data collection or none at all. We encourage you to read such other third party websites’ privacy policies.

3. How is my information used?

Cayan uses information collected from this Site for internal use only, including responding to your Inquiries or to contact you regarding Cayan services, and to provide and improve the services on our Sites. That information will be securely stored in our company databases. Cayan may also share some information with third parties that assist us in providing our products or services to you or in responding to your requests or Inquiries as described below.

• Services. If you apply for a merchant account from Cayan or otherwise become a Cayan customer, we may use and disclose the information you supply to us, to evaluate your eligibility for a merchant account, including disclosure to consumer reporting agencies, relevant financial institutions, and other entities involved in providing the merchant account services, to provide you with our Gateway Services or to work with contracted third parties who will performed certain elements of the Gateway Services, or otherwise as indicated in your application. Cayan may also use your information to contact you about other Cayan offerings and to inform you about general company news and industry trends. Cayan may also use your information for internal business analyses.
• Email Policy.  Cayan may use your email address to communicate with you about orders you have placed, accounts you maintain, or inquiries you have made about our products and services. In addition, Cayan may send you email communications for customer satisfaction purposes or to inform you of special offers Cayan believes will be of interest to you based on your profile, though we do not provide access to any third parties to do so without your consent. These emails contain an unsubscribe link, which will enable you to opt out of receiving future mailings at any time, should you choose to do so. You may also opt-out of email communications by contacting us at privacy@cayan.com.
• Transfers.  We may transfer any information in our databases, including, but not limited to, personally identifiable information, to an affiliate or to a third party provider (such as a server hosting provider) as part of a transfer of business assets for the purpose of storing and processing such information on our behalf, and only to provide these services to you. Your provision of Personal Information will be handled in accordance with this Privacy Policy and we required that our affiliates process such information in compliance with our Privacy Policy, and we use all commercially reasonable efforts to only engage or interact with providers that adhere to a similar privacy policy governing their processing of Personal Information. Such information may be transferred to other countries. Your legal rights may be different in these countries, but we will hold your Personal Information in accordance with this Privacy Policy. By using the Sites, you consent to such transfers and processing as described in this Privacy Policy.

4. With whom does Cayan share my information?

Except as described in this Privacy Policy, Cayan does not sell, rent, or lease your personally identifiable information to other parties without your consent. If you do not want your personal information collected and used by Cayan, please do not visit or use the Sites.

• Data Transfer. Given the scope of Cayan’s business, personal information may be visible to persons outside you country of residence, including to persons in countries that your own country’s privacy laws and regulations deem deficient in ensuing an adequate level of protection for such information. If you are unsure whether this Privacy Policy is in conflict with applicable local rules, you should not submit your information to us. If you are located within the European Union, you should note that your information will be transferred to the United States, which is deemed by the European Union to have inadequate data protection. Nevertheless, in accordance with local laws implementing European Union Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data on the free movement of such data (the “EU Privacy Directive”), individuals located in countries outside of the United States of America who submit personal information do thereby consent to the general use of such information as provided in this Privacy Policy and to its transfer to and/or storage in the United States of America.
• Legal Process. We may disclose your personally identifiable information in order to comply with requests from law enforcement and government agencies, to enforce the terms of use and other agreements, and to protect Customers and others.  We may do so when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact or bring legal action against someone who may be causing injury to or interfering with the rights or property of Cayan, another user or anyone else that could be harmed by such activities. We reserve the right to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the terms of use, or as otherwise required by law. If Cayan or the Sites go through a business transition, such as a merger, acquisition by another company, or sale of all or substantially all of its assets resulting in a change of control of the Sites, your personally identifiable information will likely be among the assets transferred.  You will be notified via prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.

5. How is my personal information protected?

Cayan has implemented numerous safeguards to reasonably and adequately protect personal information, and uses a variety of means to protect personal information provided by users of our Sites, including the use of firewalls and other security measures on our servers.  Our databases are maintained and protected by physical, technical, and procedural measures that restrict access to user information to authorized persons in accordance with this Privacy Policy. No server is 100% secure, however. You must play a valuable role in maintaining this security. Please take this into account when providing information to us through the Sites. While we strive to protect your personally identifiable information and user privacy, we cannot guarantee the security of any information you disclose online.  We do not make any warranty, express, implied or otherwise, that we will be able to prevent loss, misuse, unauthorized access to, or alteration of personally identifiable information you provide to us.  You make any disclosure of personally identifiable information to us at your own risk.  We urge you to take every precaution to protect your personally identifiable information when you are on the Internet, including when visiting the Site.

We and our servers are located in the United States and are subject to the applicable state and federal laws of the United States. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Sites’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. We do not represent or warrant that the Sites, or any part thereof, are appropriate or available for use in any other jurisdiction. If users choose to access or use the Sites, they consent to the use and disclosure of information in accordance with this privacy policy and subject to such laws.

6. What else should I know about my privacy?

Third party Internet sites and services accessible through our Sites have separate privacy and data collection practices, independent of us.  Cayan has no responsibility or liability for these independent policies or actions. Please be careful and responsible with your personal information online. If you have questions about this Policy, or the personally identifiable information we have on file for you, or if you would like to request a change or an update to the information we have collected, please email us at privacy@cayan.com, call us at 800-941-6557, or you may contact us by mail at the following address: Cayan LLC, One Federal Street, 2nd Floor, Boston, MA 02110 U.S.A., Attn: Privacy Team.

Cayan is committed to protecting the privacy needs of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. Cayan does not intentionally target its Sites to children, nor do we intentionally collect information from children under the age of 13.

If you do not agree with the terms of this Privacy Policy, please do not use or send information to the Sites. Your continued use of our Sites or our products and services constitutes your acceptance of this Privacy Policy. Any dispute over privacy is subject to this Privacy Policy and our terms of use, including limitations on damages and application of the law of the Commonwealth of Massachusetts. If you have any concern about your privacy in connection with this Privacy Policy, or you believe you received an email from us that is in violation of this Privacy Policy, please report it to privacy@cayan.com, and we will try to resolve it. We may post a revised policy on our site. Please note that the use of information that we gather is subject to the privacy notice in effect at the time of use. You should check our Privacy Policy frequently to see recent changes.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 - CHANGES TO THIS 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 website. If we make material changes to this policy, we will notify you here that it has been updated, 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.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at brandon@gearthirty.com or by mail at GEAR30 LLC

[Re: Privacy Compliance Officer]

[1931 S. Washington Boulevard, Ogden, UT, 84401, United States]

----