SAFE AND SECURE SHOPPING
WHAT PERSONAL INFORMATION DOES fab‘rik GATHER ABOUT CUSTOMERS?
Information we, our service providers and other third-parties collect from you will vary, depending on how you use the Services and information you may choose to provide to us (whether through email, phone, internet or otherwise).
Automatic Collection of Information:
Like many websites on the Internet, we automatically track certain information about you as you visit and use our Services to help us better understand how (i) to improve and modify the Services, (ii) the Services are used and experienced, and (iii) we can enhance your or others overall experience on one or more of the Services, including providing advertising and other information that is relevant to you. This tracked or automatically gathered information may include, among other things, your computer’s IP address (Internet Protocol address), browser type, the URLs and pages on the Services you’ve visited, sections of or content on pages on the Services on which you click or in which you are interested, the number of times you visit each page on the Services, what downloads and/or search queries you have made, and how long you spent on particular sections of the Services and on the Services generally. This automatically gathered data includes information provided through the use of “cookies”, local storage, e-tags, log files and “clear GIFs” (described in more detail below). We do not link this automatically collected data to other information we collect about you.
Information from Cookies:
When you visit our Services, we may send a small file to your computer (a “cookie”) which is stored there so that we can recognize your computer as a unique machine the next time you visit the Services, and which also enables us, among other things, to tailor the Services to your and other users’ needs. You are always free to decline any cookies we use if your Internet browser permits. However, please note that by declining cookies, certain functionalities of the Services will not be available to you, including that you will not be able to establish a shopping cart session or make a purchase online through the Services. Additionally, some of our third-party service providers working on our behalf may also utilize their own cookies.
Information from Clear GIFs:
Also, we and our third-party service providers sometimes use “clear GIFs” in connection with cookies and other website functions and emails. Clear GIFs perform administrative functions (but without detracting from your online experience), including being used to perform statistical and administrative tasks such as measuring traffic on the Services and its Web pages, verifying advertising avenues and positioning images on the web, and allowing us to gauge the effectiveness of certain communications and email marketing campaigns by letting us know which marketing emails have been opened by you or other recipients. However, please note that clear GIFs do not collect Personal Information.
Information from e-tags and scripts:
We and our third-party service providers use e-tags in analyzing trends, administering the Website, tracking users’ movements around the site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. Also, our third party partner may use technologies such as tags to gather information about your activities on this Website and other sites in order to provide you advertising based upon your browsing activities and interests.
Use of local storage:
We use local storage, such as HTML5, to store content information and preferences. Various browsers may offer their own management tools for removing HTML5. Additionally, third-parties with whom we partner to provide certain features on our Website or to display advertising based upon your web browsing activity also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here.
HOW DOES fab‘rik USE YOUR CONTACT INFORMATION?
We use your contact information for the following purposes only, which are further described in detail below, as applicable:
Account and “My Faves” management;
Process, fulfillment, and delivery of orders, returns, etc.;
Communication regarding customer support;
Communication regarding products, promotions and events that might be of special interest to you;
Fraud protection; and
Comply with applicable legal requirements, industry standards and our policies.
Registration Information: The Personal Information you provide when you become a registered user of and create an account on one of the Services is used primarily to provide the information, features, products and/or services you purchase or request, to help us customize or enhance your or others’ online experience, and to increase the convenience of accessing new or existing tools, products and services on the Services. If applicable, this Personal Information may also be shared among the Services to make use of the Services more convenient by, for example, limiting the number of times you have to register with us. Your email address serves as a unique identifier in our record system, and together with your password, is designed to help us prevent unauthorized access to information you choose to store on the Services. The data you give us about your personal preferences and demographics (e.g., your age, ZIP code, or the like) may be used to help us offer tailored content, products, and services that we believe will be of interest to you. In addition, we may share this information, in aggregate or other protected forms or under confidentiality terms, with our current and/or future service providers so that either they or us can present and deliver products, functionality and services to you more effectively.
Promotions and Marketing:
Unless you specify that you would prefer not to hear from us, if you provide your email address to us (whether on the Services or on a third party website) for promotional or other purposes at the time of registration or otherwise, we may use this to contact you for promotional or other purposes. You may have these communications terminated and opt out at any time by clicking on the “Unsubscribe” link contained in any promotional email or contacting us at firstname.lastname@example.org. If applicable, please be aware that opting out on one of our Services, does not opt you out from any of our other Services unless that option is specifically provided. Please note that despite unsubscribing from such communications, fab‘rik may still contact you in relation to your order(s), purchase(s) or any issues relating any business you conduct with fab‘rik. Please note that in certain instances, your name and/or email address may have been provided to us through our friend referral program. In this case, we may contact you via a one-time email. We store this information for the purpose of sending this one-time email and other internal purposes, including but not limited to tracking the success of our referral program. You may contact us at email@example.com to request that we remove your information from our database.
We may use other companies and individuals to (1) perform supporting functions for the various tools, functionality, information, products and services offered on or through our Services on our behalf, (2) perform or support various tasks or initiatives instrumental to the business of, or related to operating or improving, the Services or (3) assist us in testing, maintaining or improving the features, content or effectiveness of the Services or in performing research or development. These service providers (for example, credit card processing companies to bill you for goods purchased on the Services, email service providers to send out emails on our behalf, etc.) may be permitted to receive and use information collected from you or for internal purposes on an aggregated and/or anonymous basis (where you cannot be personally identified), but will not be authorized by us to use Personal Information for any other purpose other than in connection with performing the support functions for fab‘rik or such other tasks, initiatives or assistance for fab‘rik.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of [DESCRIBE COMPANY’S GOODS/SERVICE OFFERINGS – THIS SHOULD BE BROAD AND GENERAL TO ENCOMPASS AND TYPE OF MESSAGE YOU MAY SEND. MESSAGES OUTSIDE OF THIS SCOPE MAY NOT BE ALLOWED UNDER THE TCPA].
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [COMPANY’S CUSTOMER SERVICE EMAIL ADDRESS]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Voxie Ventures, LLC d/b/a Voxie or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in [COMPANY’S CITY, STATE] before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which [COMPANY NAME]’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
SMS/MMS MOBILE MESSAGING MARKETING PROGRAM
We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages including automated personalized marketing alerts (eg. cart reminders) and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
By signing up via text, you agree to receive recurring automated marketing text messages (e.g., cart reminders) from fab'rik at the cell number provided when signing up. Consent is not a condition of any purchase. Msg & data rates may apply. Unsubscribe at anytime. View Terms & Privacy.
Protection of Rights:
We may release Personal Information or other information we collect from you if we believe that such action is appropriate to: (1) comply with legal requests and processes; (2) enforce the Terms for the applicable Services; (3) identify, contact or bring legal action against persons or entities who are or we believe have caused or might cause injury to us or a third party; (4) defend or respond to claims brought or threatened against fab‘rik, its employees, directors, suppliers or service providers, users of the Services or others; or (5) otherwise protect or assert the rights, property, interests or personal safety of fab‘rik, its employees, directors, suppliers or service providers, users of the Services or others. Any such release decisions may be made by us in our sole discretion.
Forgot Your Password?
If you forget your password for any registered area of the Services, we have an automated password recovery system, which can be accessed by following these steps:
Enter your email address
Wait for the password reset email and follow the directions provided
How does fab‘rik Use Your Other Customer Information?
Customize our services and product offerings to suit your needs and interests;
Record purchases that you have made on our website;
Let you communicate with us through social networks and other media;
Allow you to post comments on our website, on social networks and other media;
Protect you against fraud and unauthorized transactions, including identifying potential unauthorized users and/or hackers;
Comply with applicable legal requirements, industry standards and our policies.
DOES fab‘rik SHARE CUSTOMER INFORMATION?
Your privacy is always respected when you shop with fab‘rik. From time to time we might establish business relationships with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. Your customer information is sometimes shared with such carefully selected partners in order to enhance your shopping experience. We also sometimes allow third-party companies to collect certain anonymous information (e.g. mouse clicks, mouse movements, scroll behavior and/or keystroke activity) during your visits in order to further enhance your shopping experience.
Notice to California Residents:
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by fab‘rik to any third parties, including (i) a list of the categories of personal information about you that fab‘rik has disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed sufficient to give you a reasonable indication of the nature of the third parties' business. To submit a request with the subject heading “CALIFORNIA PRIVACY REQUEST” to firstname.lastname@example.org.
HOW SECURE IS MY CUSTOMER INFORMATION?
All transactions submitted to us are encrypted with 128 Bit SSL software which encrypts information you input to protect it from interception by outside parties. fab‘rik is committed to maintaining the highest levels of security and protection against fraud. We stay up-to-date with the latest in security technologies to ensure that your Personal Information is confidential and safe. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our websites, you do so at your own risk.
HOW IS MY INFORMATION USED FOR BEHAVIORAL OR TARGETED ADVERTISING AND WHAT CHOICES DO I HAVE?
fab‘rik uses its own cookies to help determine which of fab‘rik’s ads are shown to you on other websites.
fab‘rik also works with third-party companies that use their tracking technologies (including cookies and pixel tags) on its websites in order to provide tailored advertisements on its behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on fab‘rik’s sites and your interaction with fab‘rik’s advertising and other communications and use this information to determine which ads you see on third-party websites and applications. For more information about this practice and to understand your options including how to opt out of receiving these tailored advertisements, please visit http://www.aboutads.info.
Please note that even if you opt-out, these tracking technologies may still collect data and you will still see ads, but they will not be targeted based upon the information collected through these tracking technologies.
WHAT IS “PHISHING”?
“Phishing” is a scam designed to steal your personal information. If you receive an email that looks like it is from fab‘rik asking you for your personal information, do not respond. fab‘rik will never request your password, user name, credit card information or other personal information through email.
WHAT CHOICES DO I HAVE?
As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase. If you do not want to receive e-mail or other mail from us or if you have any questions about how your information is being used, please simply send a request to email@example.com.
ARE CHILDREN ALLOWED TO USE FAB‘RIK?
fab‘rik does not sell products for purchase by children. If you are under 18, you may use fab‘rik only with the involvement of a parent or guardian.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. If you are a user or non-user who interacts with fab‘rik outside the United States, you consent to having your personal data transferred to and processed in the United States.
EFFECTIVE DATE AND MODIFICATIONS
433 Bishop Street NW
Atlanta, GA 30318