Information Collection and use
Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your use of the Site and to enable users to enjoy and easily navigate the Site (collectively, the "Service").
Personally Identifiable Information
When you register with us through the Site, when you join our mailing or mobile message list or when you make a purchase via the Site, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name, phone number, email address, and postal address. If you choose to make a purchase via the Site, our third party payment processor service providers may also collect billing information such as your credit card number or billing address. We use the Personal Information you provide mainly to provide the Service, process/complete your transactions and administer your inquiries.
In order to access additional functionality of the Site, you may be required to create an account for your use of the Service ("Account"). You may create an Account directly via the Site, and when you create an Account, you will become a "Member" of the Service.
We also collect the other information that you provide as part of account registration and your use of the Service (e.g., without limitation, zip code (on its own) and individual preferences) ("Non-Identifying Information").
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information. We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Mugsy Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Information (like your email or postal address) to contact you with marketing and promotional materials and other information that may be of interest to you (some of which may be sent by a third party service provider). If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or if you do not want us to share your Personal Information with these third party service providers, contact us at email@example.com with "Privacy" as the subject line of the email. (See "Changing or Deleting Your Information," below.)
When you visit the Site, whether as a Mugsy Member or a non-registered user just browsing (any of these, a "Mugsy User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site's technical administration, to increase our Site's functionality and user-friendliness, and to better tailor it to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests.
Cookies and Pixel Tags
We may also use "pixel tags," "web beacons," "clear GIFs" or similar means (individually or collectively "Pixel Tags") in connection with our Service to collect usage, demographic and geographical location data. A Pixel Tag is an electronic image, often a single pixel that is ordinarily not visible to users and may be associated with cookies on a user's hard drive. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns.
Beware of the threat of Identity theft and the practice currently known as "phishing." We do not and will not, at any time, request your credit card information, your login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website.
Information Sharing and Disclosure
Mugsy Blog. Mugsy offers a publicly accessible blog on our Site (the "Blog"). Please note that any information you provide on the Blog, including, but not limited to, comments, may be read, collected and used by others who access the Blog. Also, if you choose to comment on any Blog post, the content of such comment, along with your name and email address may be publicly viewable via the Blog. Further, any comments posted or sent to the Blog shall be and will remain the exclusive property of Mugsy, and submission of any comments to the Blog shall be deemed an assignment to Mugsy of all intellectual property rights, titles and interest in and to such comments. Mugsy shall have all rights to use, reproduce, publish, distribute and otherwise disclose such comments for any purpose without restriction without providing any compensation to you.
Aggregated Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services. Any aggregated information shared in these contexts will not contain your Personal Information and excludes text messaging originator opt-in data and consent.
Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, payment processors, web analytics and improvement of the Site's features) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement. Mugsy cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Mugsy or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
Business Transfers. Mugsy may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Mobile Messages. You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions.
Changing or Deleting Your Information
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us or by making edits via the "My Account" section of the Site. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us at firstname.lastname@example.org with "Privacy" as the subject line of the email with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links To Other Sites
Our Site may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites may follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
California law requires us to disclose certain information related to our privacy practices, as set forth below.
A. What Personal Information We Collect. The following list identifies the personal information we may collect about you:
- Identifiers such as: name, email address, billing & shipping address, and phone number
- Commercial information such as purchase history
- Geolocation data such as IP address
- Internet or other electronic network activity information such as: cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences
- Financial information such as credit card number
- Inferences drawn from any of the above information such as products you prefer and demographic & psychographic inferences
The sources of the personal information we collect above include personal information that you directly provide to us (through the Services), personal information we receive from third party partners (for example, certain marketing, research or survey partners), and personal information that we generate internally.
B. How We Use Personal Information & What Personal Information We Share. Please see above sections Personally Identifiable Information and Information Sharing and Disclosure.
C. Your Rights. As a resident of California, you have certain rights, such as:
- Right to access personal information. You may be entitled to receive the specific pieces of your personal information we have collected in the 12 months preceding your request.
- Right to data portability. You may be entitled to receive a copy of your electronic personal information in a readily usable format.
- Right to know. You may be entitled to receive information regarding the categories of personal information we collected, the sources from which we collected personal information, the purposes for which we collected and shared personal information, the categories of personal information that we sold and the categories of third parties to whom the personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your request.
- Right to deletion. You may be entitled to request that we delete the personal information that we have collected from you. We will use commercially reasonable efforts to honor your request, in compliance with applicable laws. Please note, however, that we may need to keep such information, such as for our legitimate business purposes or as required to comply with applicable law.
- Right to opt-out of certain sharing with third parties. You may be entitled to direct us to stop disclosing your personal information to third parties for monetary or other valuable consideration. What is covered as a “sale” under California law is not yet clear, but we currently do not “sell” your information as we understand it.
- Pursuant to California’s “Shine the Light” law, California residents who share personal information with us have the right to request and obtain from us once per year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you would like to exercise this right, please use the contact information listed in this section to contact us.
You may freely exercise these rights without fear of being denied goods or services. If you are a California resident and would like to exercise one of your rights, please email us or submit this form with the subject 'California Privacy' and detail in your request which of the above rights you would like to exercise. Please note that California law requires us to verify the requests we receive from you when you exercise certain of the rights listed above. We (or third parties we engage to assist us) may ask you to provide certain information to us in order for us to verify the request.
Our Policy Towards Children
This Site is not directed to persons under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at email@example.com with "Privacy" as the subject line of the email. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Mugsy provides website features to you subject to the following terms and conditions (“Terms”). If you visit or shop at Mugsy, you accept these Terms. Please read them carefully.
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, ‘Contents’) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Mugsy. The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties. Mugsy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Risk of Loss
All items purchased from Mugsy are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Information and Availability
Mugsy attempts to be as accurate as possible. However, Mugsy does not warrant that product descriptions or other content of this Site are accurate. In addition, the actual colors you see will depend on your monitor and may not be accurate. We apologize for any inconvenience this may cause you. If a product offered by Mugsy itself is not as described, you may return it in its original condition. Please see our return policy. Product availability is not guaranteed. If a product is not available when your order processes we will notify you by email as soon as reasonably possible.
Despite our best efforts, items on our Site may occasionally be mispriced. Mugsy shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Mugsy shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, Mugsy shall promptly credit the credit card account in the amount of the incorrect price.
International Shipments; Customs, Tariffs, Taxes, and Duties
Mugsy is not responsible for, and cannot guarantee that you will or will not be charged, any customs, taxes, or duties on purchases from the Site that will be shipped to countries other than the United States. Any customs or import duties are charged once the parcel reaches its destination country, and these charges must be paid by the recipient of the parcel. Please consider such charges prior to making your international purchase.
These Terms are effective unless and until terminated by Mugsy. Mugsy may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to the Contents and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Mugsy shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual’s right to access or use the Site or any portion thereof.
Mugsy may deliver notice to you by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail.
Disclaimer, Limitation of Liability and Indemnity
Except as otherwise expressly provided, this Site, all contents and all products and services are provided on an ‘as is’ basis. Mugsy disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantibility and fitness for a particular purpose. Mugsy does not warrant that your use of this Site will be uninterrupted or error free, or that this Site or its server are free of viruses or other harmful elements. Although Mugsy endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this Site. Your use of the Site is at your own risk. Neither Mugsy nor its affiliated or related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this Site, or any information or materials provided on the Site. Mugsy is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Site or any materials on the Site, or with any of Mugsy’s Terms, your sole and exclusive remedy is to discontinue using the Site. You agree to indemnify, defend and hold harmless Mugsy, its members, shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting or arising out of your breach of any of these terms.
By visiting Mugsy, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Mugsy.
Giveaways & Raffles
Mugsy will hold giveaways and/or raffles of product from time to time ("Giveaway(s)"). Mugsy holds such Giveaways in good faith and with the intention of rewarding a qualifying person with free product. Giveaway winners will be announced in an email distributed by Mugsy, on social media or on the Site, and the winners are responsible for reaching out to Mugsy by sending an email to firstname.lastname@example.org to claim their reward within 24 hours of the announcement.
Mugsy may offer rewards in exchange for referring first-time customers ("Referral Program"). Rewards will only be distributed for referrals of new customers (i.e., customers that have never before made a purchase via our website) upon the referee's first purchase via our website. Amount of rewards shall never exceed $100. All terms of our Referral Program are subject to change at the sole discretion of Mugsy at any time.
Discounts, Promotions, Coupons & Offer Terms
Mugsy may offer discounts, promotions, coupons, etc. (“Offers”) from time to time. Unless stated otherwise, all Offers: 1) Expire within 24 hours, 2) Are valid for a one-time use, 3) Do not apply toward sales tax, shipping & handling, 4) Are not valid toward previous purchases, cash or gift cards, 5) May not be combined with any other Offers, 6) Are void if altered, copied, transferred, auctioned or sold, and 7) Have cash value 1/10¢. Other restrictions may apply and Mugsy reserves the right to alter Offer terms on a case-by-case basis.
Mobile Message Service Terms and Condition
Your use of the mobile message services (the “Mobile Service”) constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Mobile Service may provide updates, alerts, and information (e.g., order updates, account alerts, etc.) and/or promotions, specials, and other marketing offers (e.g., cart reminders) from Mugsy via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Reply to any mobile message from Mugsy with the single keyword command STOP to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Mugsy mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Mobile Service support or assistance, email our customer support at email@example.com.
We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Mobile Service or from you providing us with a phone number that is not your own.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.