The Site is offered and made available only to users twenty-one (21) years of age or older. If you are under the age of 21, you are not permitted to access or use the Site and must exit the Site immediately.
(1) the types of information the Company collects and how it collects this information;
(2) how the Company uses and may disclose the information it collects;
(3) the measures the Company takes to secure and protect the information it collects;
(4) how the Company secures and protects Personal Information; and
(5) how you can contact the Company.
1. Collection of Information
(a) Active Collection of Personal Information.
The Site offers you the opportunity to become a registered user of the Site. Your registration will give you full access to the Site. To become a registered user, you must create a user identification name and password (collectively, the “Login Information”) that you will use to access your registered account.
The Site uses Marketing Cloud, a marketing SaaS-based marketing solution provided by Salesforce.com, Inc., to allow users to create accounts and become members of the Site. The Site also uses Marketing Cloud as a marketing automation service, to communicate with you by email if you choose to “opt-in” to the Company’s mailing list via your user account. If you register for an account on the Site, the information you have provided to become a registered user, including your first and last name, date of birth, street address, city, state, zip code, email address, and telephone number, may be made available to Marketing Cloud. To learn more about the way in which Marketing Cloud uses this information, please visit Salesforce.com’s privacy page, which governs the use of several of its products (including Marketing Cloud) here.
The Company also collects other information you provide. This includes, but is not limited to, any comments, suggestions, or other information that you provide on, through, or relating to the Site, and/or that relates to the Company’s products or the Company. This also includes records and copies of correspondence, including contact information, that you generate if you contact us; responses to surveys that we may ask you to fill out for research and marketing purposes; and your search queries. This information may be made available to Marketing Cloud.
From time to time, the Site will offer you the opportunity to participate in promotions, contests, challenges, or sweepstakes (collectively, “Promotions”). You may be required to enter additional personal information to enter a Promotion. Each Promotion the Site offers will have its own entry page, which will include a list of rules describing the requirements for the Promotion.
(b) Passive Collection of Information through Tracking Technology
In addition to Google Analytics and Marketing Cloud, we may also use automatically-collected information that help us to customize the Site to match our users’ individual interests and recognize returning users, estimate the number of website-users and their usage patterns, and increase the speed of our users’ searches. We may use the below tools to collect this data:
“Pixel tags,” “web beacons,” “clear GIFs,” or similar means (collectively, “Pixel Tags”). We use these small electronic files to compile aggregate statistics about Site usage and response rates. Pixel Tags allow the Company to count the number of users who have visited certain pages of the Site, to deliver branded services, and to help the Company determine the effectiveness of its promotional or advertising campaigns as well as the effectiveness of the Site itself. When Pixel Tags are used in HTML-formatted email messages, they can tell the sender whether and when the email has been opened.
Referrers and your Internet Protocol (IP) Address. Referrers are small files containing information your web browser passes to the Company’s web server that references the URL which you used to access the Site. Your IP address is the number used by computers on the network to identify your computer so that you can receive data.
Environmental variables. Environmental variables include, but are not limited to, the domain from which you access the Internet, the time you accessed the Site, the type of web browser, operating system, and platform your computer uses, the Internet address of the previous website you visited before entering the Site, the names of the pages you visit while at the Site, and the next Internet website you visit after leaving the Site.
2. How We Use and Disclose Information
The Company may use and/or disclose your information (including your Personal Information) as follows:
(a) Our Business Purposes. We may use your information for the Company’s everyday business purposes such as to (1) provide services to you including through our subsidiaries and affiliates, (2) communicate updates, promotions, or news about the Company, its products, or events through e-mail or direct mail, (3) market our products and services, (4) monitor and conduct reviews of the Company’s products and offers, (5) help the Company improve its current products or develop new products, (6) collect demographic and geographic information about the users of the Site and its products, (7) communicate administrative or legislative related information, and (8) fulfill any other purpose for which you provide the information.
(b) Service Providers. From time to time, we may employ companies and individuals to perform certain services on our behalf (such as advertising and marketing, consulting, legal, or other services). These third-party service providers may have access to your information, but only to the extent required to perform their assigned roles, and they may not use your information for any other reason.
(e) Compliance with Law. We may release information about you if we believe such a release is necessary to comply with the law or in response to a subpoena or other legal process including any government or regulatory request. The Company also reserves the right to collect and share any information the Company deems necessary to investigate or take action in connection with suspected fraud, illegal activities, possible harm to persons or property, or as otherwise required or permitted by the law.
(f) Subsidiaries and Affiliates; Third Parties. We may disclose your information to the Company’s subsidiaries and affiliates. Further, to the extent you have consented or not opted out, we may release your information to third parties to market their products or services to you. We require these third parties to keep your information confidential and use it only for the purposes for which we disclose it to them.
3. Your Responsibilities and Choices
(a) User Generated Content Functions
(b) Accuracy and Confidentiality
(c) Communication with Users; Opt-Outs; Attempted Fraud
The Company may contact registered users or other users who have entered personal information in connection with the Site. You may “opt out” of receiving marketing and promotional emails by following the opt-out procedure described in each email the Company sends. However, even if you opt out of receiving marketing and promotional emails, the Company may continue to email you for administrative or informational purposes, including follow-up messages regarding the administration of your account, any Promotions in which you have participated, or any content you have submitted to the Site.
The Company does not and will not send you emails asking you to provide or confirm sensitive personal information or to provide your Login Information. A technique known as “phishing” attempts to steal personal identity data and financial account credentials from consumers. “Phishers” use “spoofed” emails to lead consumers to sham websites which trick recipients into divulging personal information including credit card numbers, account usernames, passwords, and social security numbers. If you receive such an email communication purporting to be from DecadeSmokeless.com, please forward it immediately to email@example.com and then delete it from your computer.
4. Third-Party Websites and Social Interactions
Additionally, the Site may permit or encourage interactions among you, the Site, and/or a third-party website or service (each, a “Social Interaction”). Examples of Social Interactions may include services or technology that enable you to “like” or “share” content from the Site on or with third-party websites and/or services; to transmit content to the Site from a third-party website or service; to otherwise connect the Site to a third-party website or service; or to register for an account, login, and/or view content associated with the Company, the Site, and/or one or more third parties through social networking sites such as Facebook, Instagram, Twitter, and LinkedIn (each, a “Social Network”).
5. Security and Protection of Personal Information
The Company uses firewalls and physical controls to maintain security and confidentiality on the Site to protect against unauthorized disclosures, use, alteration, or destruction of the information you provide to the Site. The Company limits access to the databases containing information to its key personnel. However, the security of your Personal Information also depends on you. For example, to the extent we have provided you, or you have chosen, a password and/or username to access the Site, you are responsible for keeping this information confidential. Please do not share your password or username with anyone. The Company cannot guarantee the security of Personal Information, and, therefore, any transmission of Personal Information is at your own risk. We also cannot guarantee that information you provide to us over the Internet will not be intercepted.
6. Access to Personal Information; Underage Users; Company Rights
(a) Your Personal Information
Access to the Information you provided to the Site may be accessible for a limited period of time from the point of collection. If you are a registered user, you can access your account to review and change your information or to delete your account.
(b) Person under the age of 21
(c) The Company’s Rights
The Company reserves the right to deny access, use, and registration privileges to any user, including without limitation, a registered user, of any services, features, or functions of the Site if there is a question regarding the identity of the person accessing or attempting to access the user’s account or any services, features, or functions. In the event that the Company denies a registered user access to his or her account, the Company will provide the registered user with an explanation of why the Company cannot provide such access and the contact information the registered user should use to inquire further into the denial of access.
7. How to Contact Us
CN Smokeless Company, LLC
790 South Battleground Avenue
Grover, NC 28073
8. Notification of Changes
10. For California Customers Only
California Civil Code Section 1798.83 requires certain California businesses to disclose, upon a customer’s written request, (a) a list of the kinds of personal information that the business has disclosed to third parties for direct marketing purposes during the preceding calendar year, and (b) the names and addresses of all of the third parties that received personal information from the business for direct marketing purposes during the preceding calendar year. Businesses must respond to such requests within thirty (30) days, but they are only obligated to respond to one request from a customer in a calendar year.
If you are a current customer in California, you may request this disclosure by sending an e-mail request to firstname.lastname@example.org listing your name, address, and e-mail address. You must also specifically indicate the nature of your request by including the following language or language substantially similar to it: “I request that you send me your third-party information sharing disclosures as required by California Civil Code Section 1798.83.” As CN Smokeless maintains websites for many products, please also specify which product website you are writing in reference to. Alternatively, you may mail your request to the following address:
CN Smokeless Company, LLC
790 South Battleground Avenue
Grover, NC 28073
11. For Those Subject to General Data Protection Regulation (“GDPR”)
The Company stores your information for an indefinite period, and you have the right to obtain confirmation as to whether or not your Personal Data is being Processed. You may contact the Company, as set forth below, and request access to your Personal Data, correction and/or completion of your Personal Data, erasure or transfer of your Personal Data, the purpose your Personal Data serves, that your Personal Data not be used for the aforementioned purposes, the types of Personal Data being Processed, and/or the recipients of your Personal Data. Finally, you may also ask the Company to send you a copy of all of your Personal Data as maintained in the Company’s possession. The Company will also provide, at your request, a copy of your Personal Data as being Processed. However, to the extent you request additional copies, the Company may charge a reasonable fee based on the Company’s costs.
Additionally, you have the right to receive the Personal Data that has been collected by the Company in a structured, commonly-used, machine-readable format. Moreover, you have the right to transmit this Personal Data to another contact at another company.
Please contact Marketing Director at email@example.com any questions or concerns about your Personal Data. If access to your Personal Data, as set out above, is denied, you have the right to be informed about the reasons for denial. In addition, you may contact your country’s regulatory body or supervisory authority.
User Content Agreement
This User Content Agreement was last updated on August 1, 2019.
1. Submitting User Content
User Content includes any and all content you submit to the Site or to any of the Company’s related social networking accounts or for display or use thereon, including without limitation information, media, materials, photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, feedback, data, questions, comments, product or service ideas, know-how, or suggestions (“User Content”).
The Site contains instructions for submitting User Content. If you have trouble submitting User Content, you may contact the Company for help, but the Company is not responsible for any failed User Content submission attempts. Proof that you submitted User Content will not be considered proof that the Company actually received such User Content. It is important that you keep a copy of any User Content you submit because we are not responsible for lost, damaged, misdirected, unusable, or unreadable User Content.
2. Unauthorized User Content and User Content Standards
The Company may screen User Content submitted to the Site before it is actually displayed on the Site or through any of the Company’s related social networking accounts. You agree that you will not submit or attempt to submit, and that the Company has the right to delete, remove, move, edit, or reject, without notice to you, any User Content that the Company, in its sole discretion, deems to be unauthorized content (“Unauthorized Content”). Unauthorized Content includes, but is not limited to any content that is:
or may be considered abusive, defamatory, obscene, pornographic;
causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Site;
in violation of copyright, trademark or other intellectual property rights, invasive of the rights of privacy or publicity of any person or entity;
in any way unacceptable to the Company for any reason or for no reason.
By submitting User Content to the Site, you represent that such User Content is your original work of authorship, that you have received all necessary permissions for the use of likeness of any and all identifiable persons appearing in such User Content, that such User Content does not violate any intellectual property or other rights of any party, and that such User Content does not contain any Unauthorized Content. If the Company receives notice of any claim of infringement, the Company may remove the User Content associated with such claim. The Company shall have no obligation or liability to you for its failure to remove such Unauthorized Content from the Site. The Company reserves the right to provide information regarding User Content to law enforcement officials, government agencies, and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Site or to comply with legal, regulatory, audit and compliance obligations.
3. Rights Granted to the Company
You agree that any User Content that you or individuals acting on your behalf send to the Company via the Site or any of the Company’s related social networking accounts will not be considered confidential or proprietary, even if the User Content is labeled “Confidential” or “Proprietary.” Further, the Company will own all User Content you submit to it, and by submitting the User Content to the Company, you irrevocably assign to the Company all worldwide rights, title, and interest in and to that User Content. The Company may use such User Content in any format, medium, and with any technology or devices (whether now or hereafter known or existing). The Company may display, reproduce, adapt, reformat, translate, store, modify, create derivative works from, distribute, transmit and otherwise exploit all or any portion of your User Content on the Site or through any other distribution platform, for any purpose, without any accounting, notification, credit, payment or other obligation to you. The Company has no obligation to receive your consent or approval to take any actions with respect to any User Content you submit. These Company rights shall commence immediately upon your submission of User Content to the Site or to any of the Company’s related social networking accounts and continue thereafter perpetually and indefinitely.
The Company shall not be required or have any obligation to display or use any User Content that you submit. The Company has no obligation to take advantage of any of its rights in any User Content you submit. You agree to release the Company from any and all claims, suits, actions, demands, liens, encumbrances, or other rights which you may or could have in relation to your User Content.
4. Financial Consideration
The Company reserves the sole and exclusive right to benefit from this Site, including the User Content submitted to this Site, without any accounting, obligation, or liability to you. The Company has no obligation to compensate you or provide you with any other consideration relating to your User Content.
6. Mandatory Arbitration / No Class Relief
To the fullest extent permissible by law, with the exception of disputes pertaining to Company’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND COMPANY RELATING TO THIS AGREEMENT SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.
© 2019 CN Smokeless Company, LLC. ALL RIGHTS RESERVED.