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Acceptable Use Policy | DMCA Policy | Privacy Policy

EINSTEIN INDUSTRIES ACCEPTABLE USE POLICY

Please read this agreement carefully and completely before using this site.

Terms of Use:

Einstein Industries, Inc, and its subsidiaries, divisions and related websites (hereinafter collectively referred to as “Company”) Acceptable Use Policy ("AUP") describes the proper kinds of conduct and prohibited uses of Company’s products and services (the "Services"), as described and subscribed to pursuant to the Terms and Conditions Agreement (“Agreement”) of which this policy is incorporated. The AUP is not exhaustive and Company reserves the right to modify the AUP at any time, effective upon posting of the modified AUP to www.einsteinindustries.com. By entering this site or the links accessible through this site, you expressly agree to be bound by this policy. The information and resources contained on and accessible through this site are made available by Company and/or its suppliers and vendors and are subject to your agreement to their terms and conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account and such other action as Company deems appropriate.

VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM COMPANY. YOU WILL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES.

1. YOUR GENERAL RESPONSIBILITIES.

The Services and Products of Company enable you to develop and display a Website through which you can interact with users of the Internet and retrieve and send vast amounts of information. It also allows for the deploying of email to promote the sale of your product or services. Generally, Company will not actively monitor, censor, or directly control any content that is or will be displayed on your Website(s) or information that you collect or use through your Website(s). Company, however, provides the Services with the goals of (a) ensuring security, reliability and privacy of the Services and the users of the Services, (b) maintaining an image and reputation of Company as a responsible provider of the Services, (c) preserving the value of Internet resources as a conduit for free expression, (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, Company expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals.

2. Prohibited Conduct.

You may use the Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or the AUP is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited. Company reserves the rights to restrict or prohibit any and all uses of the Services or content on your Website(s) and to remove such materials from its servers that Company determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other Company customers, or any third party.

  • Defamation. You agree not to post or transmit any content in violation of any applicable law of libel or defamation in the United States or elsewhere.
  • False advertising. You agree not to post or transmit on or though any services any advertising or promotional materials that contain false, deceptive or misleading statements, claims, or representations.
  • Copyright/Trademark Infringement. You agree not to post or transmit on or through the services any content that infringes on the intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right of another person or entity or use the same without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
  • Offensive Materials. You agree not to transmit, disseminate, sell, store or host material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • Export Violations. You agree not to post or send software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
  • Harmful Content. You agree not to disseminate or host harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
  • Fraudulent Conduct. Your agree not to offer or disseminate fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation, use of credit card numbers.
  • False Pretenses. You agree not to use the services to impersonate any person or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication. False domain registration is strictly prohibited.
  • Failure to Abide by Third-Party Website Policies. You agree not to violate the rules, regulations, or policies that apply to any third-party network, server computer database, or website that you access by or through the services.
  • Child Pornography. You agree not to violate the Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of “sexual intercourse” and/or “sexually explicit conduct” involving children.
  • Distribution of Viruses. You agree not to intentionally distribute any software that attempts to and/or causes damage or annoyance to persons, data, and/or computer systems.
  • Facilitating a Violation of this AUP. You agree not to advertise, transmit, or otherwise make available any software, program, product, or service that is designed to violate this AUP which includes, but is not limited to, spam, pinging, flooding, mailbombing, denial of service attacks or piracy of software.

3. SYSTEM AND NETWORK SECURITY AND INTEGRITY.

Violations of Company's or any third party's server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. Company may investigate incidents involving such violations. Company may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:

  • Hacking. Unauthorized access to or use of data, systems, servers or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
  • Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
  • Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
  • Falsification of Origin or Routing Information. Forging of any TCP-IP packet header, e-mail header or any part of a message header. Using, selling, or distributing in conjunction with services any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an internet domain, header information, date or time stamp, originating email address or other identifier.
  • Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.
  • Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.

4. E-MAIL.

You may not distribute, publish, or send any of the following types of e-mail:

  • Unsolicited promotions, advertising or solicitations (commonly referred to as "spam") that is not compliant with the CAN-SPAM Act of 2003, including, without limitation, commercial advertising and informational announcements to those email addresses who have requested that their email addresses be opted out.
  • Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.
  • Harassing e-mail, whether through language, frequency, or size of messages.
  • Chain letters.
  • Malicious e-mail, including without limitation "mailbombing" (flooding a user or Website with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
  • E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

Third Party Links. Links to third party websites should not be inserted in emails without the direct or indirect permission of the third party, and your email should conspicuously notify the recipient that the link is to a third party over which you have no control or operation.

In addition, you may not use Company's mail server or another Website's mail server to relay mail without the express permission of the account holder or the Website. Posting the same or similar message to one or more newsgroups, message boards, blogs, online discussion groups, etc., (excessive cross-posting or multiple-posting) also is explicitly prohibited.

5. INSTANT MESSAGING and CHAT Services.

Inappropriate use or misuse of instant messaging or chat applications on the Company network is not acceptable. Examples include: Sending instant messages that contain threatening, abusive, illegal or libelous material.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE AUP BY YOU.

6. LINKS TO THIRD-PARTY SITES.

The Website may contain links to other websites that are maintained by third parties over which Company has no control. These links are provided for convenience only. Use of these links will cause you to leave this Site and use of third-party websites is entirely at your own risk. Company makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Company does not sponsor or endorse the operators of the sites or the content, products or services they provide, and Company is not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.

7. MODIFICATION OF THE POLICY AND AGREEMENT.

We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.einsteinindustries.com. You agree to the Modified Policy and Agreement by accessing or using our Website, products or services.

8. PRIVACY POLICY.

Company respects the privacy of visitors to our site. Please take a few minutes to review our Privacy Policy.

9. MISCELLANEOUS.

Any failure to insist upon or enforce performance of any provision in this Policy will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Company may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

If you have any questions regarding this acceptable use policy or your dealings with our Website, or any other Company properties, please contact us at: info@einsteinindustries.com.

 

Digital Millennium Copyright Act

THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF EINSTEIN INDUSTRIES, INC, WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.

Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.

Infringement Notification

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Your communication must include substantially all of the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.newco.com/uglytext_page.html") or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
  • The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Send the written communication to:
Richard Shaw
401 West A St., Ste. 2600
San Diego, CA 92101-7910
Email: shawr@higgslaw.com

Counter Notification

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):

Your communication must include substantially the following:

  • A physical or electronic signature of the subscriber.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your name, address, and telephone number
  • The following statement: "I consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, (or San Diego County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  • The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

Send the written communication to:
Richard Shaw
401 West A St., Ste. 2600
San Diego, CA 92101-7910
Email: shawr@higgslaw.com

Account Termination

Einstein Industries, Inc. will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Einstein Industries, Inc.’s DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

 

EINSTEIN INDUSTRIES, INC. PRIVACY POLICY

Last updated July 1, 2007

BY VISITING THIS WEBSITE AND REQUESTING INFORMATION, PRODUCTS OR SERVICES THERON, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEBSITES REFERRED TO IN THIS PRIVACY POLICY.

PLEASE NOTE: THIS PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES. WE DO NOT PROVIDE NOTICES OF CHANGES IN ANY MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEBSITE.

This policy describes the information collection, use, and dissemination practices of Einstein Industries, Inc., its subsidiaries and affiliates, (collectively referred herein as “COMPANY”) and applies to COMPANY’s collection, use, storage and disclosure of information by COMPANY on its (a) websites, including all its divisions, subsidiaries and related companies (collectively, the "Websites"), (b) on various Third Party websites, and (c) to COMPANY's other information collection. COMPANY is not responsible for the information collection or privacy practices of its Clients or other Third Party websites or applications.

1. Collection of Information.

1.1 Survey Information. COMPANY collects information from individuals by various methods, including, but not limited to, when an individual voluntarily completes a survey, order form, or a registration page either online or offline, or by means of online or offline surveys, order forms, or registration pages operated by Third Parties (collectively, a "Survey"). (As used herein, "online" means using the Internet, including the Websites, and related technologies, and "offline" means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, COMPANY or a Third Party (a "Third Party") may ask an individual to provide various information to COMPANY, which may include his or her name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time (together, "Survey Information"). COMPANY may also collect information concerning an individual from another source and uses that information in combination with information provided from this website. Completing the Surveys is completely voluntary, and individuals are under no obligation to provide Survey Information to COMPANY or Third Party, but an individual may receive incentives from COMPANY or a Third Party in exchange for providing Survey Information to COMPANY.

1.2 Site Membership or Registration. To the extent registration is required to receive email and possibly postal communications from COMPANY, this Privacy Policy also applies to consumers that have agreed to receive e-mail marketing from COMPANY, whether at our Website, via email, on Third Party websites or otherwise. We collect information in certain portions of our Website, which may include your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time or where guests provide content submissions and suggestions or participate in interactive online activities (i.e., by way of responding to questions and surveys, community listings, ratings, searches and comparison searches, bidding, purchasing, chat, games, or bulletin boards, etc.). The personal profile information you submit to COMPANY remains your property, but by submitting that information to COMPANY, you grant COMPANY, the right to use that information for marketing purposes. COMPANY, may also use such information for content improvement and feedback purposes. We may sell or lease the personal information that you supply to us and we may join together with other businesses to bring retail opportunities to our members. These businesses may include providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation. In addition, COMPANY reserves the right to release current or past member information in the event COMPANY believes that the membership is being or has been used in violation of its AUP the Rules or to commit unlawful acts, if the information is subpoenaed, if COMPANY is sold or acquired, or when COMPANY deems it necessary or appropriate. By agreeing to these terms, you hereby consent to disclosure of any record or communication to any Third Party when COMPANY, in its sole discretion, determines the disclosure to be appropriate.

"Subscription" occurs when an end-user registers for COMPANY's services, either via registration at our website, via co-registration at a marketing partner's website, or via a permission pass / opt-out / no-opt mailing COMPANY collects personally identifiable information about our subscribers, based on: information gathered at the time of registration, subscriber interaction and response to subsequent electronic mailings and website use, information provided by marketing partners, and information appended from data aggregators. Information collected may include, but is not necessarily limited to: name, email address, postal address, gender, birth date, telephone number, activity, interests, user behavior and other demographic information. This information enables us to better tailor our content to subscribers' needs and to help our clients to promote and sell their products and services.

1.3 Other Information. COMPANY may also obtain your information from individuals when you provide it to another party and COMPANY enters into a business relationship with such third party to purchases, licenses, or otherwise acquire the information. Such information may include, but is not limited to, an individual's name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided. When such business relationships occur, COMPANY seeks assurances from the other party that they have obtained your permission to transfer the information to COMPANY and provide offers to you.

1.4 Requests for Assistance or Service. Other occasions when COMPANY obtains information from individuals include (1) when an individual is making a claim for a prize or seeking to redeem an incentive offered by COMPANY or by a Third Party, (2) when an individual requests assistance through COMPANY's customer service department, and (3) when an individual voluntarily subscribes to a COMPANY’s service or newsletter (together, "Other Information").

1.5 Cookies, Web Beacons, and Other Info Collected Using Technology. COMPANY currently uses cookie and web beacon technology to associate certain Internet-related information about an individual with information about the individual in our database. Additionally, COMPANY may use other new and evolving sources of information in the future (together, "Technology Information").

(a) Cookies. A cookie is a small amount of data stored on the hard drive of the individual's computer that allows COMPANY to identify the individual with his or her corresponding data that resides in COMPANY’s database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Websites need to accept cookies in order to use all of the features and functionality of the Websites.

(b) Web Beacons. A web beacon is programming code that can be used to display an image on a web page (by using an <img src="x"> programming function -- see http://truste.org for more information), but can also be used to transfer an individual's unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows COMPANY to track certain websites an individual visits online. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes. For example, COMPANY might place, with the consent of a Third Party website, a web beacon on the Third Party's website where cosmetics are sold. When Jane, an individual listed in COMPANY's database, visits the cosmetic website, COMPANY receives notice by means of the web beacon that Jane visited the cosmetics site, and COMPANY would then update Jane’s profile with the information that Jane is interested in cosmetics. COMPANY may thereafter present offers of cosmetic related products and services to Jane. In addition to using web beacons on web pages, COMPANY also uses web beacons in email messages sent to individuals listed in COMPANY's database.

(c) New Technology. The use of technology on the Internet, including cookies and web beacons, is rapidly evolving, as is COMPANY's use of new and evolving technology. As a result, COMPANY strongly encourages individuals to revisit this policy for any updates regarding its use of technology.

(d) Usage Tracking and Log Files. COMPANY tracks information related to the electronic mailings and web pages viewed by users and subscribers, as well as the hyperlinks clicked by subscribers, while viewing our emails or visiting our websites. Log files are used to track and monitor subscriber usage.

(e) Optional Registration. COMPANY may offer free voluntary registration to potential subscribers. During such registration, the subscriber is required to supply an email address and other personal information. This information is required if the subscriber wants to participate in Company services.

(f) Feedback and Inquiries. You have the ability to contact COMPANY to provide us with their feedback. COMPANY uses this information to respond to you and analyze customer service issues.

(g) IP Address. We collect your IP (Internet Protocol) address to help diagnose problems with our server, and to administer this Site. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.

(h) Clear GIFs. We use a common technology known as a “Clear GIF” or “1-by-1 Pixel” on the Site and in e-mail communications with users. A Clear GIF or “graphic interface format” is a small graphic (in fact, truly a 1x1 pixel) that we (or our partners) place on a page of the Site. We may also occasionally place GIFs in e-mail messages that we send to users. GIFs, which do not contain any PII, provide us with important information about how users use the Site and respond to e-mail messages. With this information, we are better able to track the performance of certain promotions and understand the effectiveness of particular creative e-mail presentations. We may also allow our advertisers and promotional partners the ability to use GIFs on the Site solely to track users who link from their respective sites to this Site, but this ability to track such activity does not allow these entities access to user PII.

1.6 Outside Information. COMPANY may receive information about individuals from Third Parties or from other sources of information outside of COMPANY including information located in public databases ("Outside Information").

1.7 Individual Information. As used herein, Individual Information means Survey Information, Third Party List Information, Other Information, Technology Information, and Outside Information, and any other information COMPANY gathers or receives about individuals.

1.8 No Information Collected from Children. COMPANY will never knowingly collect any personal information about children under the age of 13. If COMPANY obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because it does not collect such information, COMPANY has no such information to use or to disclose to Third Parties. COMPANY is designed this policy in order to comply with the Children's Online Privacy Protection Act ("COPPA").

1.9 Credit Card Information. Company may in certain cases collect credit card numbers and related information, such as the expiration date of the card ("Credit Card Information") when an individual places an order from COMPANY. When the Credit Card Information is submitted to COMPANY, such information is encrypted and is protected with SSL encryption software. COMPANY will use the Credit Card Information for purposes of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to Third Parties only as necessary to complete the purchase transaction.

1.10 Links to External Websites. COMPANY’s emails and websites contain links to external websites. You will be taken to external websites if you click on these links. Your information may be passed from COMPANY’s database to the external website, and/or external database, for your convenience (e.g. your information may be used to pre-fill a form at a destination website). COMPANY is not responsible for the privacy practices or content of any external website owner. We encourage you to review the privacy policy of any website they visit.

2. Use of Individual Information.

2.1 General Use. The following paragraphs in Section 2 describe how COMPANY currently uses Individual Information, but COMPANY may change or broaden its use at any time. As noted below, COMPANY may update this policy from time to time. COMPANY may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, among other possible uses.

2.2 Email and Unsubscribe Policy. COMPANY uses Individual Information to provide promotional offers by email to individuals and companies including its clients. COMPANY may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all COMPANY’s email lists, a person must send an email to unsubscribe@einsteinindustries.com.

COMPANY's unsubscribe process impacts only the future delivery of electronic mailings disseminated by COMPANY on its own behalf. You may still receive electronic mailings sent on behalf of Third Parties and your personal information may still be shared with Third Parties for use in offline marketing and data appends, including email appends.

You should also note that unsubscribing from COMPANY’s electronic mailings will not automatically unsubscribe the subscriber’s information from any Third Party business associates and licensees of the data. Since Third Party associates and licensee partners maintain separate databases from COMPANY, and you will need to unsubscribe from each source individually, if desired. This allows you the freedom to pick and choose which subscriptions to maintain and which to discontinue.

2.3 Content of Email Messages. In certain commercial email messages sent by COMPANY, an Advertiser's name will appear in the "From:" line but hitting the "Reply" button will cause a reply email to be sent to COMPANY. The "Subject:" line of COMPANY email messages will usually contain a line provided from the Advertiser to COMPANY.

2.4 Solicited Email. COMPANY only sends email to individuals who have agreed on the Websites to receive email from COMPANY or to individuals who have agreed on a Third Party website to receive email from Third Parties. As such, COMPANY does not send unsolicited email messages. As a result, statutes requiring certain formatting for unsolicited email are not applicable to COMPANY 's email messages.

2.5 Targeted Advertising. COMPANY uses Individual Information to target advertising to an individual. When an individual is using the Internet, COMPANY uses Technology Information to associate an individual with that person's Individual Information, and COMPANY attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. COMPANY may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.

2.6 Telemarketing. COMPANY uses Individual Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones. By registering and using this Site, You acknowledge that the processing of your individual information may involve the transfer of such PII from within the European Economic Area (“EEA”) to countries outside the EEA whose data protection regulation may not be as stringent as that within the European Union. We may use individual information to provide the services you've requested, including services that display customized content and advertising.

2.7 Wireless Addresses. If the e-mail address you provide to COMPANY is a wireless e-mail address, you agree to receive messages at such address from COMPANY or its business associates (unless and until you have elected not to receive such messages by following the instructions in the unsubscribe portion of this policy).  You understand that your wireless carrier's standard rates apply to these messages.

2.8 Short Message Service. COMPANY may make available a service through which you can receive messages on your wireless device via short message service (“SMS Service”).  Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider's name, and the date, time, and content of your messages. You represent that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.   In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. COMPANY will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. COMPANY may also obtain the date, time and content of your messages in the course of your use of the SMS Service.  We will use the information we obtain in connection with our SMS Service in accordance with this Privacy Policy.  If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection therewith.  Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.

You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks.  We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience.  You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service.  We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.

COMPANY may use personal information to provide the services you've requested, including services that display customized content and advertising. COMPANY may also use personal information for auditing, research and analysis to operate and improve our technologies and services. COMPANY may share aggregated and non personal information with third parties business associates. When COMPANY uses business associates to assist COMPANY in processing your personal information, COMPANY requires that they comply with our Privacy Policy and any other appropriate confidentiality and security measures. COMPANY may also share information with third parties, including but not limited to, when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.

You may remove your information from COMPANY’s database. If you remove your information from COMPANY’s database it will no longer be used by COMPANY for secondary purposes, disclosed to third parties, or used by COMPANY or third parties to send promotional correspondence to you. You may remove your information by sending your request in writing via email to customerservice@einsteinindustries.com or by sending "STOP", "END", "QUIT" to the SMS text message you have received.

2.9 Use of Technology Information. COMPANY uses Technology Information (1) to match a person's Survey Information and Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person's online browsing habits on the Internet, (3) to determine which areas of COMPANY's websites are most frequently visited. This information helps COMPANY to better understand the online habits of individuals so that COMPANY can target advertising and promotions to them.

2.10 Profiles of Individuals. COMPANY uses Individual Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Individual Information such as information obtained from public databases.

2.11 Storage of Individual Information. COMPANY stores the Individual Information in a database on its’ computers. Our computers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under COMPANY's control. Not withstanding such measures, COMPANY cannot guarantee that its security measures will prevent its computers from being illegally accessed, and the Individual Information on them stolen or altered.

3. Dissemination of Individual Information.

3.1 Business Associates. COMPANY may enter into agreements with various business associates to provide and/or host online services and additional offers to you and as such may license your personal information to such business associates. These third parties will be contractually bound to treat your information in accordance with the applicable COMPANY privacy policies.

3.2 Marketing and Order Fulfillment. COMPANY will transfer Individual Information to Third Parties when necessary to provide a product or service that a person orders from such Third Party while using COMPANY’s websites or when responding to offers provided by COMPANY. Company may also use a Third Party to provide you with information regarding Company, its services and products or to provide you with Third party services and information which you have requested.

3.3 Legal Process. COMPANY may disclose Individual Information to respond to subpoenas, court orders, and other legal processes.

3.4 Summary Data. COMPANY may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.

3.5 Access. Individuals have access to their Individual Information collected to provide an opportunity for an individual to correct, amend, or delete such information. Access can be obtained by contacting customerservice@einsteinindustries.com. COMPANY may also grant advertising clients and email services providers’ access to an individual's email address to verify the origin of the Individual Information collected.

4. Privacy Practices of Third Parties.

4.1 Advertiser cookies and web beacons. Advertising agencies, advertising networks, and other companies (together, "Advertisers") who place advertisements on the Websites and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. COMPANY does not control Advertisers' use of such technology and COMPANY has no responsibility for the use of such technology to gather information about individuals.

4.2 Links. The Websites and email messages sometimes contain hypertext links to the websites of Third Parties. COMPANY is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by Third Parties. Such links are provided for your convenience and reference only. COMPANY does not operate or control in any respect any information, software, products or services available on such Third Party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

4.3 Affiliated Companies. COMPANY may disclose, transfer, and sell Individual Information to entities affiliated with COMPANY in COMPANY’s discretion.

5. Unsubscribe Procedures.

If you wish to discontinue receiving email messages from COMPANY, you have several options:

(a) Unsubscribe from one email list. To unsubscribe from a particular list, either (1) send an email to unsubscribe@einsteinindustries.com or (2) follow the instructions in each promotional email message sent.

(b) Unsubscribe from all of COMPANY's email lists. We reserve the right to add Individual Information to multiple lists maintained by COMPANY. To globally unsubscribe from all of COMPANY’s lists, send an email to unsubscribe@einsteinindustries.com.

6. CALIFORNIA RESIDENTS PRIVACY RIGHTS

Companies that collect personally identifiable information ("PII") from California residents and disclose such information to Third Parties (including affiliated entities) for marketing purposes must, in response to a request by a consumer, either (1) provide a list detailing the categories of information shared and the entities to which such information was provided, or (2) provide a mechanism by which a consumer may opt-out of having their information shared with Third Parties. We have elected the second option and you may request that your PII not be shared with Third Parties by sending your request, including your full name, email address and postal address to: customerservice@einsteinindustries.com, or by mail to California Privacy Information c/o Einstein Industries, Inc., 6675 Mesa Ridge Road, San Diego, CA 92121. In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

For more information about protecting your privacy, you may wish to visit: www.ftc.gov. If you have questions about this policy, please contact us at customerinformation@einsteinindustries.com.

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