The Official Online Store of Misfits Gaming
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    As of June 15, 2017

    PRIVACY POLICY

    We are strongly committed to protecting the privacy of your personal information.  The policies below are applicable to the Misfits Shop website: www.teammisfits.shop (the “Site”).

    Purpose

    This Privacy Policy is intended to let you know (1) the kinds of personal information we may gather during your visit to the Site; (2) why we gather your information; (3) what we use your personal information for; (4) when we might disclose your personal information; and (5) how you can manage your personal information.

    Your Consent

    By visiting the Site, you accept the practices described in this Privacy Policy, including the collection and use of your personal information.  If you do not agree to the terms of our Privacy Policy, please do not use the Site. 

    Information Collected

    Except as disclosed below, we will not sell, share, trade, rent, or give away your personal information.

    • Information You Give Us. We receive and store any information you enter on the Site or give us in any other way, including when registering for mailing lists, during ordering, purchasing, and/or billing, entering a contest, sweepstakes or other promotion, as well as provided in your comments and requests.  Our Site may give you the ability to register for an account or to create and update a user profile on the Site. If we offer user account or profile functionality on the Site, we will collect the personal information that you provide to us in the course of registering for an account or creating or updating a user profile. This information will vary but may include personal identifiable information (information that identifies or describes you) such as your first and last name, e-mail address, mailing address (including city, state, zip code and country), telephone number, and credit card information.
    • Anonymous Information. Even if you do not explicitly provide us with information, we may collect certain non-personal information when you interact with the Site.  For example, our servers may keep an activity log that tracks all visitors to the Site.  The information in the activity log is anonymous and therefore does not identify you individually.  The anonymous information our server collects may include among other data: your IP address, your registered domain or home server, time of access, date of access, web page(s) visited, number of clicks, the content, features, and activities that you access and participate in on the Site, software crash reports, type of browser used, the nature of the device from which you are visiting the Site (e.g., a personal computer or a mobile device), session identification number, search terms, search results, access times, and referring website’s address(es). We may collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as “Web beacons”). We use passively-collected information to administer, operate, and improve the Site and our other services and systems, to improve the effectiveness of advertising on our Site, and to provide advertisements and other content that is tailored to you. If we link or associate any information gathered through passive means with personal information, or if applicable laws require us to treat any information gathered through passive means as personal information, we treat the combined information as personal information under this Privacy Policy. Otherwise, we use and disclose information collected by passive means in aggregate form or otherwise in a non-personally identifiable form.
    • Like many websites, we may use cookies to enhance your shopping and browsing experience.  Cookies are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences.  We use cookies to track your use of the Site and its features.  We may also use cookies to monitor traffic, improve the Site, and make it easier and/or more relevant for your use.  The text in a cookie, by itself, only tells us that you have visited our Site before. It does not store any personal information such as your name, e-mail address, street address, or phone number. Cookies are also used to maintain your shopping basket. All data contained in the shopping basket is kept on our server and not in the cookie your machine is assigned.  You have the ability to accept or decline cookies.  Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser settings to decline cookies.  If you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any products or services on the Site that require you to Sign In.
    • If you access the Site from a mobile device, the Site may try to access to your location in order to tailor your experience with the Site based on your location (“Location-based Services”) and in such an event we may collect information about the location of your device such as GPS coordinates; provided however, only if certain features of your mobile phone, such as GPS, Wi-Fi, and Bluetooth, are enabled. If Location-based Services are enabled, we may be able to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. To the extent your location is collected through GPS or Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third-party, and you agree and acknowledge that such third-party may access such information for the purpose of providing such data services to us. If you choose to disable any Location-based Services on your device, you will not be able to utilize certain features of the Service. By enabling Location-based Services on your device, you agree and acknowledge that (1) device data we collect from you is directly relevant to your use of the Site; (2) we may provide Location-based Services related to and based on your then-current location; and (3) we may use any such information collected in connection with the provision of Location-based Services in connection your use of the Site and as otherwise provided for in this Privacy Policy.
    • Please be aware that in the course of your use of the Site, websites or other services provided by third-parties (“Third-Party Services”), including, for example, Google Analytics, may set cookies on your hard drive or use other means of passively collecting information about your use of the Site, Third-Party Services or other services or content. To do this, they may use first-party cookies (which are set by the same domain your browser is receiving data from) or third-party cookies (which are set by a different domain). We also may make non-personally identifiable information available to Third-Party Services, and these Third-Party Services may collect such information, to assist such parties in understanding our users’ activities and usage patterns on the Site. We do not have access to, or control over, the actions of Third-Party Services. Each provider of Third-Party Services uses information that it collects in accordance with its own privacy and security policies.
    • Our Site is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 years of age.  If you are under 13 years of age you should not use this Site, and under no circumstances should you send information about yourself to us.  If we discover that a child under the age of 13 has provided us with personal information, we will immediately delete that child’s information from the Site.

    How We May Use Your Information

    Except as disclosed in this Privacy Policy, we will not disclose personal information that we collect to any parties other than those with whom we partner or are affiliated with, without your consent.

    • Information You Give Us. We may use this information to process and fulfill your order, notify you of your order status, respond to your inquiry, and communicate with you when necessary to provide customer service and/or follow-up information related to a product purchase or shipping information.  We may also use information you provide to communicate with you about your interest in our events and our company, to help us improve, operate and enhance your experience on the Site, to promote our events, notify you about important functionality changes to the Site, new services, and special offers we think you'll find valuable, to tailor advertisements, content, and other aspects of your experience on and in connection with the Site, for other administrative purposes, to prevent or detect abuses of our terms of use, and to enable third-parties to carry out technical or other functions on our behalf as well as any other purpose that we may disclose to you at the point at which we request your personal information. We may combine the information that you provide with supplemental information (including mailing address updates and demographic data) that we obtain from public sources or reputable third-parties. Information combined with personally identifiable information becomes, and is treated as, personally identifiable information under this Privacy Policy. By giving us information, either through the Site or e-mail, you expressly consent to our collection, use, and disclosure of the information as described in this Privacy Policy.
    • Anonymous Information. We may aggregate and use anonymous information, including the domain name of e-mail addresses of visitors to the Site, to help us determine how people use the Site and to improve the Site’s performance and usefulness.
    • Third-Parties. We may employ other companies and individuals to perform functions on our behalf, including fulfilling orders, delivering packages, processing credit card payments, marketing, and providing analytics assistance.  From time to time, we may also share personally identifiable information or non-personally identifiable information with third-parties that we have engaged to perform certain services in connection with the operation of certain aspects of the Site, including to customize, deliver, measure, analyze, improve and support our services, content, advertising and layout, your interaction with those aspects, and to deliver more relevant messages and advertisements to you. These third-party service providers are authorized to use personally identifiable information only as needed to perform their functions on our behalf and are required to maintain the security of your personal information as stated in this Privacy Policy.
    • We may change our ownership or corporate organization while providing the Site.  As a result, we may transfer your information to another company that is affiliated with us, with which we have merged, or which has acquired all or some of our assets.
    • Emergency Situations. We may also use or disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to applicable law or comply with legal process served on us or the Site; (2) protect and defend our rights or property, the Site, or our users; and (3) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Site or the public.

    Managing Information and Opting-Out

    You may update or change information related to your account by updating your profile, accessible via the home page once you are logged in, or by sending us an e-mail at privacymisfitsretail@teammisfits.shop.  You may always opt-out of receiving future commercial e-mail messages from us or request that your information be removed from our Site by e-mailing us at the address provided above. Please be aware that if you opt-out of receiving commercial e-mail from us, it may take up to ten (10) business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Site.

    Security


    When you place orders or access your account information, including anywhere on the Site where we request credit card information, we offer the use of a secure server. Personal information collected on the Site is stored in secure operating environments.  Secure Sockets Layer (SSL) software encrypts all information you input before it is sent to us. While we try our best to safeguard your information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.  It is important for you to protect against unauthorized access to your password and to your computer.  Be sure to sign off when finished using a shared computer.

    Governing Law – International Visitors

    Our Site is published in the United States and is governed by United States law.  If you are located within the European Union, you should be aware that your personal identifiable information will be transferred to the United States, the law of which may be deemed by the European Union to have inadequate data protection.  Our servers and data centers are located in the United States. If you are located in a European Union country or another country outside the United States and voluntarily submit personal information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to and/or storage of that information in the United States. Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Site. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.

    Choice of Law

     

    If any disputes arise between us regarding your use of the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to principles of conflicts of law, will govern our Privacy Policy and any dispute of any sort that might arise between you and us.

     

    Disputes

     

    Any dispute arising out of our Privacy Policy shall be governed by the dispute resolution provision in our Terms of Service, unless otherwise prohibited by law.

     

    Your California Privacy Rights

     

    California Law permits our customers who are California residents to request certain information regarding our disclosure of personally identifiable information to third-parties for their direct marketing purposes. To make such a request, please send an e-mail to privacymisfitsretail@teammisfits.shop.

     

    Changes to Privacy Policy

    We may occasionally update our Privacy Policy. When we do, we will also revise the “last updated” date at the beginning of the Privacy Policy. Your continued use of our Site after such changes will be subject to the then-current policy. If we change this Privacy Policy in a manner that is materially less restrictive of our use or disclosure of your personal information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any personal information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Privacy Policy to stay informed about how we collect, use, and disclose personal information.

    “Do Not Track” Policy

    The Site does not currently respond to a “do not track” or similar signal.

    Contact

    If you have any questions about this Privacy Policy, don’t see your concerns addressed here, or wish to make changes to any personal information we have collected, you should contact us by e-mail at privacymisfitsretail@teammisfits.shop.