Privacy Policy

Last Updated: February 7, 2022

We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. We are committed to maintaining your privacy. This privacy policy (“Privacy Policy”) is intended to describe how we collect, use, and disclose personal data that we may collect through our site.

Our Privacy Policy applies to (i) casual visitors to our website (“Site Visitors”) and (ii) individuals who register for an account and/or participate in the Services (“Registered Users”).The Privacy Policy is just one part of our Terms of Service; please carefully review all our Terms of Service before using our Services.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OR ACCESS OUR SITE OR PARTICIPATE IN OUR SERVICES.

1. Your Consent

Please read this Privacy Policy carefully and understand its terms. By using or accessing the site, you acknowledge that you have read and understood this Privacy Policy and that you consent to its terms. Please read this Privacy Policy carefully; once you consent to this Policy's terms, it creates legal obligations on you and on the Company. If you do not consent to the terms of this Privacy Policy, please refrain from using or accessing our site.

2. The Types Of Data We Collect

Data the Company may collect generally falls into two broad categories: (i) personal data, and (ii) anonymous data.  For purposes of this Privacy Policy, we use the term “Personal Data” to mean any information that could reasonably be used to identify you, including your name, address, email address, birth date, financial information, photograph, telephone number or any combination of information that could be used to identify you.  “Anonymous Data” is information that does not identify you, and may include statistical information concerning, for example, your use of our site and associated Services, including statistics regarding the aspects of our site that Registered Users use most frequently.

3. Information We Collect

We may collect and process Personal Data from Site Visitors and Registered Users at different points through your use of our site and our Services as set forth in this Privacy Policy.

3.1. Account Information.  In order to use the site or certain features, we may require that you submit certain information, which may include such items as (i) name; (ii) phone number; (iii) birth date; and (iv) email address.  Our forms may additionally request information, which you may, at your option, choose to provide or withhold. By providing your email address or phone number, you consent to receiving emails and SMS text messages from us as part of the registration process or for marketing, processing, account maintenance, or other administrative purposes.

3.2. Comments; User Content. To facilitate the Services, we may allow you to post Comments on our site. If you send certain specific submissions (for example, contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us or otherwise publish on our site. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Your Comments may become publicly available to other users or visitors of our site. We have no control over how others may use your Comments; therefore, our Privacy Policy does not cover any Comments or any other User Content that you submit to us in a public forum. We make no warranties or representations as to Comments and User Content, including, without limitation, with respect to the access, use or misuse, or security and confidentiality of any End-User Content.

3.3. Communications with Us.  You may wish to provide us with comments, questions, and/or feedback concerning our site or the Services. For utilizing certain features, you may also be required to provide us with instructions and preferences, including notes that we have to transmit to third parties such as other Registered Users. By communicating with us, you may provide us with Personal Data.  In these instances, we use any information you provide to us strictly for the purposes for which you submit the information unless otherwise required by law.

3.4. Informational Notices and Bulletins.  Periodically, we may choose to send news, bulletins, marketing materials, or other information to Registered Users, and will use Personal Data to send such communications. If we choose to undertake such communications, you will have the ability to opt out of receiving these communications as provided in Section 10 (Discretionary Account Information. Opt-Out; Withdrawing Consent; Deleting Information) of this Privacy Policy.  Where required by applicable law, we may obtain your consent to send marketing communications.

3.5. Third-Party Sources.  We may obtain certain data about you from third-party sources to help us provide and improve the Services and for marketing and advertising.  We may combine your Personal Data with data we obtain from our services, other users, or third parties to enhance your experience and improve the services.

3.6. Cookies and Similar Technologies.  The Site uses cookies and similar technologies to improve user experience, for performance and analytics, and to improve our content, products, and services.  We also use cookies and similar technologies for purposes of marketing and advertising, including interest-based advertising. For more information on interest-based advertising, see Section 8 (Interest-Based Advertising) of this Privacy Policy.  Some cookies and other technologies may serve to track Personal Data previously entered by a web user on our website. In those jurisdictions that require it, we allow the data subject to give explicit permission or to deny the use of certain categories of cookies.

3.6.1. IP Addresses; Logs.  Company may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your mobile device), your mobile device's name, the type and version of your web browser, referrer addresses and other generally-accepted log information.  We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our site is being used, and for security and monitoring purposes.

3.6.2. Cookies.  A cookie is a small amount of data, which may include a unique identifier, which is sent to your browser from a website and stored on your computer’s or mobile device's hard drive.  Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our website and use them to recognize you when you return to our site.  If you want to block the use and saving of cookies from the site, you should take the necessary steps within your web browser’s settings to block all cookies from the site and its external serving vendors. Please note that if you choose to erase or block your cookies, you may not be able to access some or all of our Services. For information on how to disable cookies, refer to your browser’s documentation.

3.6.3. Tags.  We may use so-called "pixel tags" — small graphic images (also known as “web beacons” or “single-pixel GIFS”) — to tell us, for example, which parts of our site have been visited or to measure the effectiveness of user activity on our websites. Pixel tags also enable us to send email messages in a format users can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our users. Personal Data collected or processed using such tools will be subject to this Privacy Policy.

3.6.4. Click-Throughs.  We may send email messages, which use a “click-through URL” linked to content on our websites. When you click one of these URLs, you pass through our web server before arriving at the site. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our Registered User communications. If you prefer not to be tracked, simply do not click text or graphic links in the email, or notify us in accordance with Section 10 (Discretionary Account Information. Opt-Out; Withdrawing Consent; Deleting Information) of this Privacy Policy.

3.7. Extent of Information Collected.  Company collects and processes Personal Data as reasonably necessary to provide the Services.  You are not required to provide all Personal Data identified in this Privacy Policy; however, if you do not provide the Personal Data requested, we may be unable to provide some or all of the Services to you.

3.8. Information You Share With Third Parties. This Privacy Policy only addresses information we (or our third-party vendors) collect, not information you share with third parties. Your interaction with third parties, including other Registered Users, is solely between you and such third party. We recommend you investigate to your satisfaction any third parties with whom you engage on our site (including our websites) or  through our  Services. We are not a party to any agreement between one or more Registered Users.

4. De-identified and Anonymous  Data

We may use Anonymous Data to analyze the effectiveness of our site, to improve our Services, and for other similar purposes.  In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of users participating in our Services.  We may collect Anonymous Data through features of the site that supports our Services, through cookies, and through other means described below. We may create de-identified or Anonymous data from Personal Data by removing data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you or through obfuscation or through other means.  Our use of anonymized data is not subject to this Privacy Policy.

5. How We Use Your Data

We may use your Personal Data for a variety of different purposes as set out in further detail below.  In some cases, we will ask for your consent so that we may process your Personal Data. However, in certain circumstances, applicable data protection laws allow us to process your Personal Data without needing to obtain your consent.  Subject to applicable law, the purposes for which we use and process your Personal Data, and the legal basis for such processing, are set forth below.

5.1.  In certain cases, subject to applicable law, consent is not required, including:

5.1.1. For the performance of a contract.  To perform our contractual obligations to you, including to fulfill your request for our products, programs, services, orders, or purchases you have made, to perform contractual obligations pursuant to your status as a Registered User, to contact you in relation to any issues with your registration or account, in relation to the provision of the services and administration of your account, where we need to provide your Personal Data to our service providers, or to take steps in response to information or inquiries you may submit prior to entering into a contract with us, such as to fulfill your request to become a Registered User.

5.1.2. To comply with legal obligations.  To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.

5.1.3. Legitimate interests.  To operate our organization and provide the services, other than in performing our contractual obligations to you, for our “legitimate interests” for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of Personal Data.  Legitimate interests may include:
- To maintain the site and provide the products and Services, including for technical support;
- To administer your membership, verify your age, identity, and/or payment details, and to authenticate and authorize access to the site and our Services;
- To communicate with you regarding the services or your account, including to provide you important notices regarding your account or changes to our Terms of Service;
- To address and respond to your requests, inquiries, and complaints;
- To protect the confidentiality or security of information;
- To develop, provide, optimize, and improve the site and Services, including to better tailor the features, performance, and support of our products, services, and the site, and for statistical and analytics purposes;
- For our direct marketing/advertising purposes;
- To send surveys in connection with our services;
- For fraud, loss, and other crime prevention purposes, including screening orders for potential fraud risk;
- To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties;
- To enforce our Terms of Service, this Privacy Policy, or agreements with third parties;
- To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process; or
- Subject to applicable contractual or legal restrictions, in connection with a contemplated reorganization or an actual reorganization of our business, in connection with financing, a sale or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction.

5.1.4. To protect a data subject’s vital interests. To protect the vital interests of you or of another person.

5.2.  In some cases where we are not already authorized to process the Personal Data under applicable law, we may ask for your consent to process your Personal Data, including:

5.2.1. Marketing.  Where we are not relying on our legitimate interests or another legal basis for processing Personal Data, we may ask for your consent to contact you by telephone, SMS, and/or email about other offers, products, promotions, developments, or services which we think may be of interest to you and for other marketing purposes.

5.2.2. Special Categories of Personal Data.  We generally do not collect or require special categories of Personal Data (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health information, biometric data, or sexual orientation) in order to access our site or to become a Registered User.  In the event we may need to collect such information to provide a specific service to you, we will obtain your consent as required by law. In certain circumstances, subject to applicable law, we may process or otherwise disclose special categories of Personal Data without your consent, such as to protect the vital interests of you or of another person.

6. Information Linked With Your Personal Data Is Protected

To enable us to better understand the characteristics of our Registered Users and/or to provide services tailored to your needs, we may link (a) the Personal Data you have provided; with (b) Anonymous Information.  If we combine or link any Anonymous Information or other information with your Personal Data, the resulting combination will be treated and protected as Personal Data under this Privacy Policy. Any of our service providers who are granted access to this information will be bound to protect it in accordance with this Policy.

7. We Generally Do Not Disclose Personal Data to Unaffiliated Third Parties; Limited Exceptions.

We may disclose some or all of your Personal Data to our subsidiaries, joint ventures, and other companies under our common control (collectively, "Affiliates"), for the purposes described in this Privacy Policy.  Where we share Personal Data with our Affiliates, we will require our Affiliates to honor this Privacy Policy. We will not disclose your Personal Data collected by Company to unaffiliated third parties, except in the following limited circumstances:

7.1.  Company site Vendors.  We may employ other companies to perform functions on our behalf, such as hosting or maintaining the site, providing or facilitating Services or features related to the site, collecting information, responding to and sending electronic mail, technical support, marketing and advertising, or other functions necessary to our business.  We may need to share your Personal Data with these companies (collectively, “Company Vendors”). We will provide Company Vendors with only that information necessary to perform their functions, and Company Vendors are prohibited from using your Personal Data for any other purpose.

7.2.  Safety and Protection of Rights and Interests.  We may disclose your Personal Data to attorneys, private investigator organizations, or law enforcement agencies if we believe in good faith (a) that you or another person are in risk of harm from another, or (b) that you are harming or interfering (or will harm or interfere) with others or violating (either intentionally or unintentionally) our Terms and Conditions of Use or otherwise violating legal rights.  We may also use and disclose Personal Data to establish or exercise our legal rights, to enforce our Terms of Service, this Privacy Policy, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

7.3.  Legal.  Company may disclose your Personal Data to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information we receive, or as otherwise pursuant to legal process. If we receive legal process calling for the disclosure of your Personal Data, we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted or feasible.

7.4.  Transfer of Services.  Subject to applicable law, Company shall be entitled to transfer to a third party information it collects, including any Personal Data, in connection with a sale of all or substantially all of the assets of Company, provided the acquiring third party has agreed to safeguard your Personal Data with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.

7.5.  Statement to Residents of the European Economic Area.  Our disclosure is limited to circumstances where we are permitted to do so under applicable European and national data protection laws and regulations.

8. Interest-Based Advertising

We may use interest-based advertising. Interest-based advertising is advertising that is targeted to you based on your web browsing and app usage over time and across websites or apps. You have the option to restrict the use of information for interest-based advertising and to opt-out of receiving interest-based ads. Depending on from where you access the site/Sites, you may also be asked to consent to our use of cookies, including advertising cookies. The opt-outs for interest-based advertising require that strictly necessary cookies are not blocked by the settings in your web browser. We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance in the U.S., the Canadian Digital Advertising Alliance in Canada, and the European Digital Advertising Alliance in the EU. If you live in the United States, Canada, or the European Union, you can visit Ad Choices (US), Your Ad Choices (Canada), or Your Online Choices (EU) to find a convenient place to opt-out of interest-based advertising with participating entities for each region. These websites also provide detailed information about how interest-based advertising works. Opting out does not mean that you will no longer receive advertising from us, or when you use the Internet. It just means that the data collected from the site/ Sites will not be used for interest-based advertising and that the advertising you see displayed on websites will not be customized to your interests.

9. Data Subject Rights

Data subjects in the European Economic Area and certain other jurisdictions may have certain rights under applicable data protection law, including the right to request confirmation from us as to whether or not we are processing your Personal Data.  Where we are processing your Personal Data, subject to applicable law, you also have the right to: 
- Request access to, modification or rectification, or deletion. You may have the right to request access to, modification of, or deletion of your Personal Data we maintain.  Please understand that, if you request deletion of your information, you will be unable to utilize associated features of the site and any associated Services. 
- Request restriction of processing. You may have the right to request that we restrict processing of your Personal Data in certain circumstances, such as where you believe that the Personal Data we hold about you is inaccurate or our processing is unlawful. 
- Object to processing. In certain circumstances, you may have the right to request that we stop processing your Personal Data, such as a request to stop sending you direct marketing communications.  To opt-out of direct marketing communications, please see the instructions in Section 10 (Discretionary Account Information. Opt-Out; Withdrawing Consent; Deleting Information) of this Privacy Policy. 
- Data portability. In certain circumstances, you may have the right to receive the Personal Data concerning you that you provided to us or to request that we transmit your Personal Data to another data controller. 
- Lodge a Complaint.  You have the right to lodge a complaint with a supervisory authority. 

To exercise your rights, you may contact us at legal@gobags.com. As permitted by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion.  Furthermore, where permissible, we may charge for this service. We will respond to reasonable requests as soon as practicable and as required by law. To protect your privacy and security, we may take steps to verify your identity in order to respond to your request.

10. Discretionary Account Information. Opt-Out; Withdrawing Consent; Deleting Information.

10.1. Discretionary Account Information.  To allow appropriate control over Personal Data, if you are a Registered User, you can change or update certain discretionary information associated with your account that you have previously submitted via the site, including your contact information.

10.2. Opt-Out.  If you receive bulletins, updates, or other promotional communications or marketing-related materials, we will provide you with the ability to decline -  or “opt-out of” – receiving such communications. You may do so by following the unsubscribe instructions that appear in these email communications. Alternatively, you may contact us at legal@gobags.com to opt-out of direct marketing.   Please understand that you may not be allowed to "opt-out" of service or transactional messages or formal notices concerning operation of this site, or legal and other related notices concerning your relationship to the site.

10.3. Withdrawing Consent.  In most cases, we need to process certain of your Personal Data in order to fulfill our contractual obligations to you and for our legitimate interests.  Where the basis of processing is legitimate interests, you have a right to object to the processing of your Personal Data. Please note that, subject to applicable law, we may continue to process your Personal Data even where you object if there are compelling legitimate grounds for processing that override your interests and rights, or where processing is necessary to establish, exercise, or defend legal claims. Where consent is the basis of processing, you may at any time withdraw the consent you provided for the processing of your Personal Data for the purposes set forth in this Privacy Policy by contacting us at legal@gobags.com, provided that we are not required by applicable law or professional standards to retain such information.

10.4. Deleting Information.  If you would like to delete all data associated with your account, email us at legal@gobags.com This action is irreversible.  Deleting your account will remove your name and all other Personal Data from our databases.  Please understand, however, that it may be impossible to remove all such information completely due to backups and records of deletions. In addition, if you request deletion of your information, you will be unable to utilize associated features of the site and any associated Services. You may not remove de-identified, anonymous, or aggregate data from our databases.

11. Transfer of Data

Please note that if you are using the site from outside the United States, your information may be transferred to, stored, and/or processed in the United States. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country.  If you are located outside of the United States, the transfer of Personal Data is necessary to provide you with the requested information, products, and services and/or to perform any requested transaction. By using any portion of the site or Site, you acknowledge and consent to the transfer of your information to our facilities in the United States.

12. Data Retention

We will retain your Personal Data for as long as you maintain an account or membership or for as long as is necessary to provide the products or services, or for such longer period as may be required or permitted by applicable law.  We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

13. Links to Other Sites

Our site may contain links or otherwise provide access to another website, mobile application, or Internet location (collectively “Third-Party Sites”).  We provide these links merely for your convenience. We have no control over, do not review, and are not responsible for Third-Party Sites, their content, or any goods or services available through the Third-Party Sites. Our Privacy Policy does not apply to Third-Party Sites.  We encourage you to read the privacy policies of any Third-Party Site with which you choose to interact.

14. Security

We have strict security systems in place to protect the loss, misuse, or unauthorized access to the Personal Data you provide us, and we take all reasonable steps to secure and safeguard this information. However, due to the nature of Internet communications and evolving technologies, it is impossible to guarantee the security of transmitted data. We make no warranties or representations as to the security and confidentiality of any data you transmit. Any data you transmit to us is at your own risk, and we cannot guarantee that information may not be accessed, disclosed, altered, or destroyed by any breach of our safeguards.

15. Age Eligibility; Advisory

By agreeing to these Terms of Service, 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. Individuals under the applicable age must at all times use our Services only with the approval and under the supervision of a parent or legal guardian who is at least the age of majority in your state or province of residence, and in all cases, such parent or legal guardian is the user and is responsible for any and all activities under the account.

16. Notice to California Residents

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information (as defined by California law) by Company to third parties for the third parties’ direct marketing purposes.  As described above, we do not disclose users' personal information to third parties for direct marketing purposes. Nevertheless, if you wish to make such a request, please send an email to legal@gobags.com.

17. Do Not Track Notice

Certain web browsers allow consumers to enable "do not track" signals through which a consumer can signal to websites and online services whether the consumer approves of the collection of Personal Data about its online activities over time and across third-party websites and online services. Our site does not respond to "do not track" signals.

18. Notification of Changes

From time to time, Company may change its Privacy Policy. If we make any significant changes regarding our use or disclosure of Personal Data to third parties, we will attempt to contact you prior to the date the modified policy is scheduled to take effect as required by law. We will post a notice of the new Policy from the privacy link on our website. In any event, your continued use of the site and Services following the posting of changes to these terms will mean you accept those changes. The most recent version of the Privacy Policy is reflected by the version date located at the top of this Privacy Policy.

19. Relationship to Terms of Service and Other Contracts

This Privacy Policy must be read in conjunction with our Terms of Service, and the provisions of our Terms of Service are incorporated herein.  To the extent the Terms of Service conflict with the terms of this Privacy Policy, the terms of this Privacy Policy will control.

20. Further Resources

If you wish further information concerning privacy policies in general, you should visit the following site: http://www.ftc.gov/privacy/index.html

21. Contact Us

You may contact us for any reason by email: legal@gobags.com.