Eager to Meet your Crashcart needs

(Effective March 27, 2017)


Your Privacy Is Extremely Important to Us.
The following Statement on Privacy governs how Mr. Crashcart handles your personal information.  Please review this Statement on Privacy carefully – and if you find anything in here doesn't make sense or seem right to you, please write us at legal@mrcrashcart.com

Our Terms of Service wholly and completely incorporates this Statement on Privacy by reference.  Therefore, every time you access our Services, you acknowledge and fully agree to all terms and conditions in this Statement on Privacy. If you do not agree with this Statement, or any aspect thereof, you must stop using our Services immediately and cease from all further use, including termination as specified in Terms of Service.

No Need to Repeat Definitions
Because this Statement on Privacy is a core component of our Terms of Service, the same definitions from our Terms of Service apply here.

Mr. Crashcart Keeps a Pulse on Our Community & Its Members.
It's important for Mr. Crashcart to know our people and keep a pulse on the community.  That way, we can learn and improve as we aim to deliver the best possible user and customer experiences.
You therefore agree that it's OK for us to collect the following information from you:

  1. Signing Up.  You must create an account with Mr. Crashcart in order to make an online purchase with us.  If you create an account with Mr. Crashcart, we ask you to provide your first name, last name, and email address; we also ask you to create password. We collect and store the information you provide when creating an account.  
  2. Third Party User Information.  Third party providers like Facebook and Twitter make it simple to connect with Mr. Crashcart.  If you use a third party provider to connect with us, Mr. Crashcart and its Affiliates reserve the right to collect information from that third party regarding your profile, contact info, login information, user history, online contacts/friends, settings, and preferences; we may collect additional information from a third party provider as per your consent.
  3. Information We Collect.  You acknowledge and agree that Mr. Crashcart and its Affiliates reserve the right to collect any and all text, photos, images, video, audio, and multimedia you create, provide, upload, download, import, sync, and/or share in connection with our Services.   If at any point you provide contact information (e.g. email address, phone number, name), personally identifying information (e.g. full name + street address; social security number), and/or financially sensitive information (e.g. credit card information), Mr. Crashcart and its Affiliates will collect such information; this includes but is not limited to information provided in connection with a purchase.  We also collect information about any contact you make with Mr. Crashcart; this includes, without limitation, recording customer calls and saving and memorializing electronic messages and communications for the purposes of quality assurance, user data analysis, evidence in a dispute, and/or enforcement of agreements.
  4. User Interactions & Tracking Technologies.  Mr. Crashcart needs the ability to measure, improve, and customize around your use of our Services.   You acknowledge and agree that, when you use our Services, Mr. Crashcart and its Affiliates reserve the right to automatically collect data and information about your use of our Services – such as how you get to our Services, what you were doing before you used our Services, what type of device and operating system you use, what type of browser and language you use, the IP address and device ID of your device and/or proxy server, your mobile carrier/ISP, your location, referring URLS, what you view and when, what you click and when, which features you choose to use or not use, which events and/or products interest you how long you spend using our Services, and what you do after you use our Services. If you have opted to receive texts, SMS messages, and/or emails from Mr. Crashcart, we reserve the right collect a confirmation when you open these messages and emails.  You acknowledge and agree that Mr. Crashcart may use cookies, web beacons, pixel tags, clear GIFs, and other tracking technology to collect data and information from you.  Please note that most phones have settings which turn off the GPS locator and push notifications; likewise, many browsers enable the user to limit the use of tracking technology.  Lastly, please note that we have reserved the right to utilize tracking technology in connection with our leased Items, as specified in Section 6.a.xi of our Terms of Service.

Mr. Crashcart Will Store & Retain Your Information.
There's no point collecting all of this information if we're not going to save it.  You acknowledge and agree that Mr. Crashcart and its Affiliates reserve the right to freely retain and store all data and information that we collect from you – in any manner and/or format we choose, in any location we select, worldwide, across and for any duration of time.  Likewise, Mr. Crashcart reserves the right to delete, filter, edit, remove, or destroy any data and/or information we collect for any purpose without notice or cause.

We Intend to Use Your Information in a Few Different Ways.
You acknowledge and agree that Mr. Crashcart may make use of your data and information as follows:

  1. Making Use of Your Content.  If you send us awesome photos, good suggestions, love notes, and the like – whether through email, social media, or the good ole fashioned postal service – we reserve the right to use that content and the information therein.    Our Terms of Service grants Mr. Crashcart a broad license to make use of your user content; make sure you review those terms carefully.
  2. Optimizing Your Experience.  Mr. Crashcart and its Affiliates collect and study the data and information you provide and generate – and the data and information provided and generated by other users – so that we may create the best possible user experience. You acknowledge and agree that this includes, but is not limited to: analyzing data and information generated and gathered from your interactions with our Service; disclosing said data and information to third parties, subject to confidentiality restrictions, for the purposes of data analysis and/or strategic planning; and using said data and information to provide you and other users with customization, focus, and ultimately improvement around our Services, third party offerings, marketing efforts, and user experiences.  Without limitation, we reserve the right to use the data and information provided and/or generated by you to send you and other users push notifications and other targeted promotions and advertisements.
  3. Advertising & Third Party Disclosures.  Mr., Crashcart reserves the right to make use of any information collected from your use of our Services, including through tracking technologies – in order to target advertisements to you and users like you. Mr. Crashcart reserves the right to sell, assign, transfer, license or otherwise convey any information collected from your use of our Services (e.g. contact information, purchase history information) to trusted third party partners for direct marketing and communications.  Additionally, Mr. Crashcart reserves the right to obtain any information and/or data about you from any third party we choose; we further reserve the right to store and use this information and/or data as though it were provided and/or generated in connection with your usage of our Services, as described in this Statement. (For example, we reserve the right to run a credit or background check on you, and to store and use that information as though you provided it directly to us.)
  4. Necessary Disclosures.  If you're going to purchase from Mr. Crashcart, we're going to need to disclose financial information to your credit card company and contact information to one or more shipping partners. We also need to make sure that we can protect ourselves in the event of a legal dispute or controversy, as well as our users and customers from unwanted harm.  Therefore, you acknowledge and agree that Mr. Crashcart and its Affiliates may disclose any of the information you provide us, meaning even your personally-identifying and financially sensitive information: (a) in compliance with legal process or upon legal request; (b) as we facilitate a transaction for you; (c) as we seek to ship, deliver, and effectuate a return of one or more Items; (d) to resolve disputes; (e) in order to enforce our Terms of Service and/or Statement on Privacy; (f) to protect the rights and/or safety of a third party; and/or (g) to otherwise protect Mr. Crashcart, and/or our Affiliates, third party partners, customers, and/or users, and/or facilitate the smooth operation of our services.
  5. Sharing Your Information within Mr. Crashcart. Mr. Crashcart works hard to maintain strong channels of communication. You acknowledge and agree that – among our Company and its Affiliates – Mr. Crashcart may fully and freely disclose and discuss any information and data regarding you and/or your use of our Services – including but not limited to your financially sensitive and personally identifying information. This provision embraces, but is not limited, to the disclosure and transfer of all your information and data in the event of a merger, acquisition, asset sale, or change in control. The data and information you provide and/or generate in connection with our Services is an asset for all intents and purposes.
  6. Communications from Mr. Crashcart. Mr. Crashcart wants to stay in touch with you – so we can keep you in the loop with good news, new arrivals, and the occasional, awesome sale. These communications may be based on and/or derived from information you provide us, information provided to us by a third party, and/or your interactions with our Services.    By sharing your contact information with Mr. Crashcart, you agree to receive these communications from us and acknowledge that you may opt-out at any time by clicking "Unsubscribe" in the message or emailing legal@mrcrashcart.com, subject line "Email Opt Out."
  7. Inferences & Aggregate Data. To make the most of our data, Mr. Crashcart needs to dig deeper than the surface. You acknowledge and agree that Mr. Crashcart and its Affiliates may use information and data provided and/or generated by your use of our Services in order to infer patterns of behavior and factual information about you and our other users. You further acknowledge and agree that Mr. Crashcart and its Affiliates may use this information and data to create compilations and aggregated data; we use this aggregated (i.e. non-individualized) data for our own analysis, as well as for sale to third parties, such as market research firms and advertisers – however, this aggregate data will include no personally-identifying or financially-sensitive information about you.

We need to make sure a few more points are clear.

  1. No Minors & Only Competent Persons. You agree that you are at least eighteen (18) years of age. You further agree that you are of sound mind and body to understand and agree to this Privacy Policy. Mr. Crashcart is not intended for, nor do we knowingly collect information from, children under the age of 13.  If you think a child under 13 has given information or accessed our services, please notify legal@mrcrashcart.com immediately.
  2. California Residents. California residents are allowed request a list of personal information we disclosed to third parties for direct marketing purposes, alongside the identities of those third parties. This request is free, and California residents are allowed one per year under California Civil Code 1798.83. You may submit these requests to legal@mrcrashcart.com, subject line "Shine the Light Law Request," or write us at:  Mr. Crashcart LLC, 154 Cooper Road, Suite 602, West Berlin, NJ 08091.
  3. A Word about Security & Protecting Your InformationUnfortunately, nothing is 100% secure on the Internet.  You acknowledge and agree that Mr. Crashcart and its Affiliates do not warrant or guarantee the safety and/or security of information or data you transmit to, from, or in connection with Mr. Crashcart; this includes, without limitation, your personally identifying and financially sensitive information. Likewise, you acknowledge and agree that Mr. Crashcart and its Affiliates cannot guarantee that your sensitive information will be free from unwanted access, usage, disclosure, and/or alteration.   Indeed, you acknowledge and agree that you are solely responsible for protecting your own private and sensitive information, such as your passwords and financial account info.   
  4. Release & Indemnification.  You agree to release Mr. Crashcart and its Affiliates in connection with any disputes, claims, controversies, lawsuits, liabilities, decisions, damages, awards, amounts, costs, fees, and/or penalties arising out of and/or relating to the unwanted access, collection, storage, and/or usage of your data and information and/or the data and information of a third party – even if the alleged breach originated from Mr. Crashcart's sole acts or practices – regardless of prior notice or warning, and be it negligence, recklessness or intentional conduct.  Likewise, you agree to defend, indemnify, and hold harmless Mr. Crashcart in connection with any third-party claims, controversies, lawsuits, liabilities, decisions, damages, awards, amounts, costs, fees, and/or penalties arising out of and/or relating your actions and/or omissions in connection with the access and/or usage of a third-party's data and/or information as prohibited by our Terms of Service.
  5. Third Party Privacy Policies. During your Mr. Crashcart experience, you may connect with third party services (e.g. customer service agents, shipping/delivery providers).  You may also access our Services via electronic devices, mobile networks, and internet service providers. All of these third parties have implemented and manage their own privacy policies and practices. You acknowledge and agree that neither Mr. Crashcart nor its Affiliates are responsible for the conduct and/or treatment of any third party as to the access, collection, storage, and/or usage of any of your data or information. We encourage you to carefully review all third party terms and privacy policies; your terms of consent and willingness to consent are strictly between you and said third party.  
  6. Headings for Convenience Only. Our section headings and subheadings have been provided for your convenience; they have no legal, contractual, or any other binding or representative effect on your or us.

Final Thoughts: All Terms Are Subject to Change
As with all of the terms in our Terms of Service, this Statement on Privacy is subject to amendment.  You acknowledge and agree that Mr. Crashcart reserves the right to make changes to our privacy policy – and the manner in which we access, collect, store, and use your data and information – at any time, for any reason.  If we amend this Statement on Privacy, we will typically notify our users of any such amendment as described in our Terms of Service.

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