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Privacy Policy

Privacy Policy

By using or accessing this website you signify your acknowledgment and assent to the Privacy Policy set forth below. If you do not agree to this policy, please do not use this website. HinsonGayle can revise this privacy policy at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check this policy periodically for changes. This policy is intended to help you understand how HinsonGayle collects, uses and safeguards the information you provide on this Website. This Privacy Policy does not apply to the use or disclosure of information that is collected or obtained by us through means other than this Website.

Personal Data

If you browse our website, you may generally do so anonymously without providing any personal information. However, there are cases where we collect personal data. HinsonGayle collects demographic information from visitors to the Website. In addition, HinsonGayle collects personal data from visitors to the Website who register their information or who use the online store. We also use cookies (see more below) and track IP addresses so we can improve our services and enhance your HinsonGayle experience. HinsonGayle does not collect personally identifiable information from anyone under the age of eighteen. If you are under eighteen, please ask your parents to register and/or use the online store. Please do not submit any personal details if you are under eighteen. In case you change your mind or wish to update or delete your personal information, we will endeavor to correct, update or remove the personal data you give us. You can do this by contacting our Customer Service Department at the contact points specified below.

Orders

When you place an order for a product, we need to know your contact information, shipping information, e-mail address, credit cardholder name, credit card number and expiration date. This information is required so that we can authorize payment, process and fulfill your order and send an order or shipping confirmation, as well as notify you of your order status. All Internet transactions with HinsonGayle are performed on a server that uses industry standard encryption technology to protect your credit card information from being read by unauthorized third parties.

Use and Storage of Personal Data

We use the personal information that is collected through our website to better serve our customers, customize the shopping experience, and improve the content of our website. Personal information that you provide will be used for marketing and promotional purposes only by HinsonGayle. HinsonGayle may share customer information within the HinsonGayle organization, so that you may be informed of other products that may be of interest to you. Further, in order to maintain our Website and provide for customer communications, HinsonGayle contracts with selected third parties, solely for the purpose of assisting HinsonGayle in these endeavors and subject to contractual confidentiality obligations. We do not otherwise disclose your information to third parties, unless required by law or in connection with a legal claim or proceeding.

We may share your personal information as follows: 

  • Among our affiliates and related companies;
  • With third party agents we have hired to help us provide a good or service you have requested (for example, in connection with your order, we would provide your credit card number to a payment authorization service and your address to a shipping company);
  • In the Special Cases set forth below.

We do not otherwise rent or sell to third parties your personally identifiable information entered on this website. We will send you announcements or communications by email only if you give us your permission by submitting your personal details. Otherwise, we use your information only to review our performance and to improve our services to you, or to communicate with you about your order if you have placed an online order. We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize our website content and advertising to deliver a better experience to our users.

Security

We use security measures consistent with industry practice to protect the loss, misuse and alteration of the information under our control. While we use reasonable efforts to safeguard the confidentiality of your information, we cannot guarantee that electronic commerce is totally secure due to transmission errors, outside events, third party hacking or other causes, and you will not hold us responsible for any breach of security unless this is due to our willful failure or gross negligence. We will comply with all privacy laws and make any legally required disclosures regarding breaches of the security, confidentiality, or integrity of personal data consistent with our ability to determine the scope of a breach and our obligations to law enforcement. 

Cookies, Web Analytics and Tracking

Our web servers collect general data pertaining to each website user, including their IP address, domain name, referring web page and the length of time spent and the pages accessed while visiting this website. This web usage information is collected to help us manage and administer our website, improve the content of our website, to measure the effectiveness of our advertising, and customize and improve the website user experience. Web analytic information is gathered using the following methods: (1) cookies, (2) web beacons (a.k.a. clear gifs), (3) conversion tracking, (4) third party ad serving mechanisms, and (5) general detection and use of your internet protocol (IP) address or domain name.] [We do not combine any web usage information with information collected offline or form other sources.

Cookies

A cookie is a small file stored on your computer by a website to give you a unique ID. [This site does not currently use "cookies." In the future, this site may use cookies for site administration purposes.] We use cookies to track new visitors to this site and to recognize past users so that we may customize and personalize content. Cookies used by this site do not contain any personally identifiable information, and we cannot identify a user from his/her cookie unless that user provides personal information voluntarily. If for any reason you don’t want to take advantage of cookies, you may have your browser not accept them, although this may disable or render unusable some of the features of the our site.

Web Beacons

Web pages on this site or e-mail messages you receive from us may contain a small graphic image called a web beacon (sometimes called a web bug or clear gif).Web beacons are typically very small (generally 1-by-1 pixel) and invisible to the user, however any electronic image viewed as part of a web page or e-mail message, including an advertisement or HTML content, can act as a web beacon. Web beacons are designed to allow us or a third party to collect certain information and monitor user activity on our site. Collected information can include the IP address of the computer that the web beacon is sent to, the URL of the page the web user comes from, and the time the web beacon is activated (such as when you view the web page, advertisement, or e-mail that contains the web beacon). No personal information is obtained from this tracking, rather just the patterns of usage of our various users may be tracked to provide you with improved service and content based on aggregate or statistical reviews of user site traffic patterns.

Conversion Tracking

Search engines offer a feature called “conversion tracking” which is a way to track clicks to sales from either search results or ads on search engines. Using either web beacons or visible images, depending upon the search engine, the search engine notes and saves information in a cookie with non-personal information such as time of day, browser type, browser language, and IP address with each query. Information is gathered in the aggregate, without unique personal data. Conversion tracking allows the search engine company and HinsonGayle to track clicks to sales, including the number of clicks (“visits”) it takes before a purchase is made and permits us to measure the effectiveness of our search engine participation.]

SPECIAL CASES

HinsonGayle reserves the right to disclose user information in special cases, when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other HinsonGayle website users, or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law requires it or to respond to an emergency situation. Specific areas or pages of this website may include additional or different provisions relating to collection and disclosure of personal information. In the event of a conflict between such provisions and this Privacy Policy, such specific terms shall control.

CHANGES TO POLICY

HinsonGayle reserves the right to change or update this policy, or any other policy or practice, at anytime, with reasonable notice to users of its website. Any changes or updates will be effective immediately upon posting to our website.

Restrictions on Use:

This Website is protected by United States and international law, including copyright and trademark laws. This Agreement does not grant any license to modify, alter, or frame the materials on this Website that are viewed, downloaded, or otherwise accessed by you. Your license does not include: any right of resale or of commercial use of this Website or its contents; any derivative use of this Website or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with this Website. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials, and you must comply with any applicable end-user license agreements. You may not input or upload onto this Website any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept, or expropriate any system, this Website or its contents, or that infringes upon any intellectual-property rights of HinsonGayle or any third party. Inappropriate and unauthorized inputs and uploads include Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material, or engaging in any kind of harassment activity via this Website or any Website linked to it.

No representations or Warranties:

THIS WEBSITE AND THE CONTENTS OF THIS WEBSITE, AS WELL AS THE PRODUCTS MADE AVAILABLE THROUGH THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HINSONGAYLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS, OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS OR SUCH PRODUCTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. HinsonGayle does not represent or warrant that the information contained in this Website is accurate, complete or up-to-date, that this Website is free of defects or that any defects will be remedied. You agree, by using this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this Website, and that HinsonGayle shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this Website. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you. 

Limitation of Liability:

IN NO EVENT SHALL HINSONGAYLE, ANY DIRECT OR INDIRECT SHAREHOLDER, AFFILIATE, OTHER RELATED ENTITY, SUBSIDIARY, JOINT VENTURE, PARTNER, ENTITY IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THIS WEBSITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION, OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE, OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. HinsonGayle shall have no liability for the deletion of any communications or information collected, maintained, or transmitted by this Website or the failure to store any information, including personalized settings. HinsonGayle shall have no liability with respect to any information posted by users on chat rooms, bulletin boards, or other user forums.

Submissions:

Any comments, suggestions, testimonials, endorsements, ideas, or similar material disclosed, submitted or posted by you on this Website or in connection with it will be considered non-confidential, non-proprietary and not personal either to you or to anyone else. By disclosing, posting, or submitting any such material, you grant to HinsonGayle and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, edit, publish, translate, rework, distribute, and display that material without compensation or acknowledgment of source. Modifications: At any time, and without notice, HinsonGayle may modify, update, or otherwise change any term of this Agreement or this Website. You agree that you are deemed to be apprised of, and that you are bound by, any such changes immediately upon its posting. We encourage you to visit this Website from time to time to review the current version of the Agreement.

Termination:

HinsonGayle may, through its sole discretion, terminate or cancel your use of this Website or terminate or cancel this Agreement for any reason, without prior notice. Upon termination or cancellation of this Agreement, you will immediately discontinue use of this Website. Through its sole discretion, and at any time, HinsonGayle may also discontinue providing this Website or any part of it, with or without notice. HinsonGayle shall not be liable to you or any third party for any of the foregoing. Parts or all of this Agreement shall survive termination or cancellation of this Agreement and the termination or cancellation of your use of this Website.

Links to Other Websites:

Although this Website may contain links to other Websites, HinsonGayle has no control over those linked Websites. You acknowledge and agree that HinsonGayle is not responsible for the availability of those linked Websites or their content. HinsonGayle provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked Website of any company related to HinsonGayle, in control of it, or under common control with it. HINSONGAYLE DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE.

Caching, Linking, and Framing by You:

HinsonGayle prohibits caching of any portion of this Website and any unauthorized links to this Website and unauthorized framing of it. HinsonGayle reserves the right to disable any unauthorized links or frames.

Jurisdiction, Choice of Law, and Arbitration:

All claims regarding this Website shall be governed according to the laws of the State of Tennessee, United States of America, without regard to its conflicts of law principles. HinsonGayle makes no representations or warranties that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Any controversy or claim arising out of or relating to this Agreement, the Terms of Use or the Website shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon all awards rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in New York, New York, or another location mutually acceptable to the parties, in the English language, and shall be conducted before three arbitrators selected in accordance with such rules. The arbitrators are empowered to award reimbursement of attorney fees and other costs of arbitration to the prevailing party, in such manner as the arbitrators deem appropriate. The arbitrators shall have the right to grant a permanent injunction in addition to any damages or other relief. 

Effect of Waiver or Consent:

A waiver or consent, express or implied, to or of any breach by you, or any delay in enforcement of any provision of this Agreement on the part of HinsonGayle, will not constitute a consent to, or waiver of, any other breach or default by you of the same or any other obligations of you. Failure on the part of HinsonGayle to complain of any act of yours or to declare you in breach or default, irrespective of how long that failure continues, does not constitute a waiver by HinsonGayle of its rights with respect to that default until the applicable statute-of-limitations period has expired.

Terms of Use of this Website were last updated October 8, 2015 . Please check back periodically for updates and changes.