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Tenacious Holdings, Inc. d/b/a Ergodyne (“Ergodyne”) makes reasonable efforts to protect the privacy of your personal information. This privacy policy was created to demonstrate our commitment to fair information practices. This policy covers Ergodyne’s use of personal information that it collects when you use the website at www.ergodyne.com. (the “Site”). IF YOU DO NOT AGREE WITH THE TERMS IN THIS PRIVACY POLICY, DO NOT USE THE SITE.
1. Types of Information Collected
a. Personal Information Collected. There are areas on the Site where you can share information that is unique to an individual; such as your name, company name, postal address, e-mail address, phone number, zip code, and credit card information (collectively “Personal Information”). When you purchase products with your credit card. we use your credit card information for shipping, billing, and credit card validation purposes. We ask for Personal Information in order to deliver requested materials to you, respond to your questions, or deliver a product. If you communicate with us by e-mail or complete online forms, we may require Personal Information that personally identifies you. Ergodyne may also request your e-mail address or mailing address for the purposes of having someone contact you for additional information, or in response to your request for information from us.
b. Information from Children. Ergodyne does not knowingly solicit or collect information from anyone under 13 years of age. If you are under the age of 13, you must obtain parental consent to subscribe and upload information to this Site. Please follow the instructions at the following link [provide link] that shows you how to obtain parental consent and submit such consent to Ergodyne before subscribing and uploading content to this Site. When we e-mail information to you, we will provide prominently displayed instructions that show you how to unsubscribe from receiving such information. If your child subscribes to receive information from Ergodyne without your knowledge, simply follow the instructions on our e-mail and unsubscribe immediately. Parents can also contact our customer service department to access, change, or delete the Personal Information that has been submitted by a child.
c. Cookies and Tracers. Ergodyne may collect information about you and your use of our Site whenever you visit this Site. For instance, we may collect various forms of information such as entry and exit points for our Site (i.e., referring URLs or domain names), site traffic statistics, operating system and browser type (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. In addition, when you request pages on our Site, our servers automatically log your IP address. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Ergodyne may store some information on your computer in the form of a “cookie” or similar file to help us maintain and improve this Site in many ways. A “cookie” is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording such things as Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With most Internet browsers, you can erase “cookies” from your computer hard drive, block all “cookies,” or receive a warning before a “cookie” is stored. The “Help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please refer to your browser instructions to learn more about these functions. Enabling cookies allows you to take full advantage of all the features on the Site and we recommend that you leave them turned on. If you elect to block the cookies, we will not be able to provide you with a personalized experience on our Site.
In some instances, Ergodyne may use tracking scripts or "tracers" that recognize a unique identifier from a cookie placed on your hard drive by another website. These are used by Ergodyne solely to gauge the success of our own advertising. For instance, Ergodyne may use a tracer to determine whether you visit certain Web pages where Ergodyne may have placed a banner ad. Ergodyne does not use tracers to gather information on your use of the Internet unrelated to Ergodyne. Please note that Ergodyne does not use tracers to identify your personal information, and you remain anonymous unless and until you communicate with Ergodyne via e-mail or complete on-line forms.
BY ACCESSING OR USING THE SITE, YOU CONSENT TO ERGODYNE’S USE OF COOKIES ON YOUR COMPUTER OR MOBILE DEVICE HARD DRIVE.
2. Use of Information Collected
Ergodyne will use the Personal Information directly submitted by you for the purpose that you have provided it. Ergodyne may also use the information you provide to us to contact you for reasons related to your original communication to us. Ergodyne may use your Personal Information to customize your experience on the Site and display content that we think you might be interested in according to your preferences. Your e-mail address is not used for any other purpose except to the extent necessary to follow-up on specific questions requiring information from Ergodyne. Visitors who give us their telephone numbers online will only receive telephone contact from us for reasons related to the visitor’s original communication or request. Ergodyne may use non-identifying and aggregate information to better design the Site.
3. Sharing of Personal Information
Ergodyne will not sell, rent, share, monitor, edit, or disclose any Personal Information about you, including its contents or your use of the Site, without your prior consent. From time to time, Ergodyne may engage other companies and individuals to perform functions such as conducting contests, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. Such companies shall only use your Personal Information for those purposes required to perform their functions.
Ergodyne may share your Personal Information, without your prior consent, for the limited purposes noted below:
a. Business Transfers. As Ergodyne continues to develop its business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the obligations made in any pre-existing privacy policy.
b. Legal Obligations. Ergodyne may share your Personal Information if we have a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Ergodyne; (iii) enforce this Privacy Policy or the Website Terms and Conditions of Access and Use Agreement; (iv) protect the interests of other users of the Site or any other person; or (v) operate or conduct maintenance and repair of the Site or equipment.
c. Process Credit Card Transactions. Ergodyne uses Nodus Technologies Inc. to process credit card payments for any purchases made through the Site. Nodus’ privacy policy can be found here. Ergodyne makes no representations or warranties concerning Nodus’ privacy or data security practices.
4. Protection of Personal Information
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Ergodyne has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the Personal Information that Ergodyne collects. Any payment transactions will be encrypted using SSL technology. However, the safety and security of your information also depends on you. Where you have chosen or we have given you a user name and password for access to certain parts of the Site, you are responsible for keeping the user name and password confidential. DO NOT SHARE YOUR USER NAME AND PASSWORD WITH ANYONE. Although we do our best to protect your Personal Information, we cannot and do not guarantee the security of your Personal Information. ERGODYNE MAKES NO REPRESENTATIONS ABOUT THE SECURITY OF YOUR PERSONAL INFORMATION. YOU AGREE TO ASSUME ALL RISK IN AND SOLE RESPONSIBILITY FOR USING THE SITE INCLUDING, WITHOUT LIMITATION, ALL RISK OF INJURY DUE TO A DATA SECURITY BREACH.
5. Release.
You hereby waive, release, and forever discharge Ergodyne, its current and former affiliates, subsidiaries, related companies, predecessors, directors, officers, members, attorneys, or agents, from any and all losses, damages, costs, actions, suits, complaints, or injuries to You, whether known or unknown, liquidated or unliquidated, absolute or contingent, that are directly or indirectly related to, caused by, or arise out of a data security breach. In addition, You agree to at all times hold harmless, indemnify, defend, and forever release and discharge Ergodyne from and against any and all claims, liabilities, actions, or causes of action threatened or asserted against Ergodyne or that could be asserted against Ergodyne arising out of or resulting from a data security breach, or any commenced or threatened action by a third party against Ergodyne arising out of or relating to a data security breach.
6. Other Limits to Your Privacy
The Site may contain links to other non-Ergodyne websites. Ergodyne is not responsible for the privacy or security practices, or the content of such websites. Ergodyne has no control over the use of such websites and you should exercise caution when deciding to disclose any Personal Information on these websites.
7. User Choice Regarding Collection, Use, and Distribution of Personal Information
You may choose not to provide Ergodyne with any Personal Information. You can always opt out of receiving email information or mobile device notifications from Ergodyne other than communications informing you of the completion of a purchase, user registration, correction of user data, or change of password, by logging into the Site and adjusting your user preferences in your account profile, or by sending us an email at support@ergodyne.com stating your request. If we have sent you a promotional email or mobile device notification, you may send us a return email or mobile device communication asking to be omitted from future email or mobile device distributions. This opt out does not apply to information provided to Ergodyne as a result of a product purchase, product service experience, or other transactions.
8. How You Can Access Or Correct Your Information
If you have provided your Personal Information and your Personal Information changes (such as your address or telephone) or you want to delete your account, you can access and update any Personal Information that you provided to us by visiting your account profile page and making changes. Ergodyne, or you, cannot delete your Personal Information except by also deleting your user account. If you wish to delete the account you must contact support@ergodyne.com to have the company complete this procedure. If you have forgotten your password, once you have tried to register and failed, you can click on the “Forgot your password?” link to reach a page on which you can submit your email address. Your user name and password then will be emailed to you. You may also send us an email at support@ergodyne.com to request access to, correct, or delete any personal information that you have provided to us. Ergodyne uses this procedure to better safeguard your information. To protect your privacy and security, Ergodyne may also take reasonable steps to verify your identity before granting access or making corrections.
9. Updates and Changes to Privacy Policy
Ergodyne reserves the right, at any time, to add to, change, update or modify this Privacy Policy, by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site and notice of the change will be sent to you. Updates and changes to the Website Terms and Conditions of Use Agreement and the Privacy Policy will continue to govern your use of the Site even if you elect not to receive notice of such changes.
10. How to Contact Us
Should you have other questions or concerns about our Privacy Policy, please send Ergodyne an e-mail to support@ergodyne.com.
