Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally identifiable information' (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website. 



Summary of General Terms (Detailed Terms are offered below):

 

What personal information do we collect from the people that visit our blog, website or app?

 

We collect IP addresses from all visitors to the site as well as aggregate, anonymous data regarding site visitors page visits on the site. We also collect personal information from those who choose to register for the site and proffer information at that time.

 

When do we collect information?

 

We collect information from you when you register on our site, place an order or enter information on our site.


 

How do we use your information?

 

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
 

      To quickly process your transactions.

      To follow up with them after correspondence (live chat, email or phone inquiries)

 

How do we protect visitor information?

 

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
 

We use regular Malware Scanning.
 

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

 

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

 

All transactions are processed through a gateway provider and are not stored or processed on our servers.

 

Do we use 'cookies'?

 

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.


We use cookies to:

      Help remember and process the items in the shopping cart.

      Understand and save user's preferences for future visits.

      Keep track of advertisements.

      Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.


You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.

 

If you disable cookies off, some features will be disabled It won't affect the user's experience that make your site experience more efficient and some of our services will not function properly.

 

However, you can still place orders .


 

Third-party disclosure

 

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Third-party links

 

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

Google

 

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
 

We use Google AdSense Advertising on our website.


Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.


We have implemented the following:

      Demographics and Interests Reporting

 

We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.


Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

 

California Online Privacy Protection Act

 

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf


According to CalOPPA we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum on the first significant page after entering our website.

Our Privacy Policy link includes the word 'Privacy' and can be easily be found on the page specified above.


Users will be notified of any privacy policy changes:

      On our Privacy Policy Page

Users are able to change their personal information:

      By logging in to their account


How does our site handle do not track signals?

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.


Does our site allow third-party behavioral tracking?

It's also important to note that we allow third-party behavioral tracking

 

COPPA (Children Online Privacy Protection Act)

 

When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
 

We do not specifically market to children under 13.

 

Fair Information Practices

 

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
 

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email

      Other


We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.



Detailed Terms 


Privacy Policy - 5-24-18 

1.     Introduction

1.1    We are committed to safeguarding the privacy of all visitors, customers and partners (collectively, “USERS” going forward) on our website.

1.2    This policy applies where we are acting as a data controller with respect to the personal data of our USERS in other words, where we determine the purposes and means of the processing of that personal data.

1.3    We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

1.4    Our website incorporates privacy controls which affect how we will process your personal data. Those controls will be made available at the time of any opt-ins you execute to engage direct communication from us. Otherwise we will only contact you in the event of a Terms and Conditions breach by you, or in response to a message from you, or to send you an email receipt for purchases. We will never give your contact information to a third party for advertising purposes.

1.5    In this policy, "we", "us" and "our" refer to Eckstut Enterprises LLC. For more information about us, see Section 13.]

2.     Credit

2.1    This document was created using a template from SEQ Legal (https://seqlegal.com).

3.     How we use your personal data

3.1    In this Section 3 we have set out:

(a)    the general categories of personal data that we may process;

(b)    [in the case of personal data that we did not obtain directly from you, the source and specific categories of that data];

(c)    the purposes for which we may process personal data; and

(d)    the legal bases of the processing.

3.2    We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The sources of the usage data is a combination of Google Analytics, our own custom code and data shared with us by third parties we may use as advertising platforms. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services as well as maintaining the integrity of our services OR, for outside contractors utilizing the platform to broadcast and engage users, the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.

3.3    We may process your account data ("account data"). The account data may include your name, email address and any other information you willingly provide to the site. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business OR, for outside contractors utilizing the platform to broadcast and engage users, the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.

3.4    We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth or any other information you willingly enter on the site. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business OR, for outside contractors utilizing the platform to broadcast and engage users, the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.

3.5    We may process your personal data that are provided in the course of the use of our services ("service data"). The source of the service data is you or your employer. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business OR, for outside contractors utilizing the platform to broadcast and engage users, the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.

3.6    We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business OR, for outside contractors utilizing the platform to broadcast and engage users, the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.

3.7    We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business OR, for outside contractors utilizing the platform to broadcast and engage users, the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.

3.8    We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, contact details, and information contained in communications between us and you. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships OR, for outside contractors utilizing the platform to broadcast and engage users, the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.

3.9    We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.

3.10  We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

3.11  We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

3.12  We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.13  We may process any of your personal data identified in this policy] where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.14  In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3.15  Please do not supply any other person's personal data to us, unless we prompt you to do so.

3.16 We use the service Sendgrid to assist in email correspondence and management with users; we share email addresses with Sendgrid; this data is processed in the United States; Privacy Policy: https://sendgrid.com/privacy

3.17 We use the service Freshdesk to assist in email correspondence and management with users; we share email addresses with Freshdesk; this data is processed in the United States; Privacy Policy:  https://www.freshworks.com/privacy/

4.     Providing your personal data to others

4.1    We may disclose your personal data to any member of our group of companies this means our subsidiaries, our ultimate holding company and all its subsidiaries insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

4.2    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.3    We may disclose your personal data to subcontractors insofar as reasonably necessary for maintenance and development of our site code and management and handling of customer care.

4.4    Excepting cases where users send us checks or cash or directly reach out requesting alternative methods of payment, all financial transactions relating to our website and services are handled by our payment processor, Rocketgate, on their servers via PCI compliant processes. You have control over which data you share with Rocketgate and Rocketgate will share that transaction data with us to the extent necessary for the purposes of managing the site’s financials, refunding such payments, and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at www.rocketgate.com.

4.5    In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5.     International transfers of your personal data

5.1    In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

5.2    We maintain an office and are a registered business in the United States of America. The European Commission has made an "adequacy decision" with respect to [the data protection laws of each of this country. Transfers to the United States of America will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.

5.3    The hosting facilities for our website are situated in the United States of America, France, Canada, Poland and the United Kingdom. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.

5.4    Some of our customer care and development functions have been outsourced to subcontractors in Poland. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of this country. Transfers to Poland will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.

5.5    You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

5.6  We use the service provider M3 Server for it's CDN network and managed hosting services; data shared with them is processed in the United States; their privacy policy is available at https://www.m3server.com/legal/privacy-policy/

5.7  We use the service provider OVH.com for non-managed hosting services; data shared with them is processed in the United States and Canada;  their privacy policy is available at https://ovhcloud.com/legal/privacy-policy

5.8   We use Reflected.net to host and serve some of our site content; data shared with them is processed in the United States; their privacy policy is available at http://reflected.net/privacy_policy.php

5.9  We use Backblaze to back up site data; data shared with them is processed int he United States; their privacy policy is available at https://www.backblaze.com/company/privacy.html

5.10  We use Amazon AWS to back up site data: data shared with them is processed in the United States; their privacy policy is available at https://aws.amazon.com/privacy/

6.     Retaining and deleting personal data

6.1    This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained.

6.4    Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7.     Amendments

7.1    We may update this policy from time to time by publishing a new version on our website.

7.2    You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3    We may notify you of significant changes to this policy through the private messaging system on our website.

8.     Your rights

8.1    In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2    Your principal rights under data protection law are:

(a)    the right to access;

(b)    the right to rectification;

(c)    the right to erasure;

(d)    the right to restrict processing;

(e)    the right to object to processing;

(f)     the right to data portability;

(g)    the right to complain to a supervisory authority; and

(h)    the right to withdraw consent.

8.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

8.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; and/or the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10  To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

        and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11  If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12  To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13  You may exercise any of your rights in relation to your personal data by written notice to us. addition to the other methods specified in this Section 8.

9.     About cookies

9.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2    Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10.   Cookies that we use

10.1  We use cookies for the following purposes:

(a)    authentication - we use cookies to identify you when you visit our website and as you navigate our website (cookies used for this purpose are: identify cookies;

(b)    status - we use cookies to help us to determine if you are logged into our website (cookies used for this purpose are: identify cookies);

(c)    personalisation - we use cookies to store information about your preferences and to personalise the website for you (cookies used for this purpose are: identify cookies);

(d)    security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally (cookies used for this purpose are: identify cookies);

(e)    advertising - we use cookies to help us to display advertisements that will be relevant to you (cookies used for this purpose are: identify cookies);

(f)     analysis - we use cookies to help us to analyse the use and performance of our website and services (cookies used for this purpose are: identify cookies); and

(g)    cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally (cookies used for this purpose are: identify cookies).

 

11.   Cookies used by our service providers

11.1  Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2  We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/. The relevant cookies are:   identify cookies.

12.   Managing cookies

12.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)    http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/kb/PH21411 (Safari); and

(f)     https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

12.2  Blocking all cookies will have a negative impact upon the usability of many websites.

12.3  If you block cookies, you will not be able to use all the features on our website.

13.   Our details

13.1  This website is owned and operated by Eckstut Enterprises LLC.

13.2  We are registered in the state of Nevada in the United States of America. Our registered agent’s address is 7881 W. CHARLESTON BLVD STE 155, LAS VEGAS, 89117, NV.

13.3  Our principal place of business is at 5588 S Fort Apache, #130, Las Vegas, NV 89148

13.4  You can contact us:

(a)    by post, to [the postal address given above;

(b)    using our website contact form;

 (c)   by email, using help@herbicepscam.com

14.   Data protection officer

14.1  Our data protection officer's contact details are: Michael Eckstut. He can be reached at help@herbciepscam.com.