Battle Gear, LLC – Internet Policy
Our Commitment to Privacy
Battle Gear, LLC, (Battle Gear) respects the privacy of every individual who uses our web site and/or any of the mobile applications we develop. This policy covers Personally Identifiable Information (PII) collected or stored by Battle Gear. Further, this policy addresses common Internet issues and concerns. By using this web site and/or the mobile applications we develop, you accept the practices described herein.
Personally Identifiable Information
“Personally Identifiable Information” means information that we directly associate with a specific person or entity. Personal information does not include de-identified, anonymous or aggregate information that is not associated with a specific person or entity.
Privacy and the Information We Collect
Battle Gear requests only the personal information needed to facilitate use of our online store and/or respond to user questions.
Personal information that may be required includes: name (first and last), full address, country, e-mail address, home phone number and PayPal ID/credit card Information (card type, number, expiration date). The information that is collected is used only for and by Battle Gear, and will be kept confidential unless and only to the extent that the law requires or compels its disclosure. Battle Gear will never sell, lease, or rent your personal information. Battle Gear will always take appropriate security measures with the information you provide to us.
The store is the e-commerce section of the web site. Only personal information necessary to fulfill an order is collected. A PayPal ID/credit card is necessary for all orders. The store is the primary place where we collect PII. The store uses software and servers licensed from a third party.
Cookies. A “cookie” is a small piece of data that a Web site can store on your system. Cookies are only used in the Online Store feature of the site. The cookies are used to connect your customer information to the items in your shopping cart.
IP Addresses. Battle Gear may use tracking software to collect information about your visit to an Battle Gear site. Battle Gear will only use the information to track your online movements while at the Battle Gear site. In addition, Battle Gear may see your ISP (Internet Service Provider) information, but this does not contain any of your personal information.
We limit the use of information provided to us to the following internal and external uses:
If you provide PII, we may enter your information into our product database and contact you in order to:
A. Notify you of upgrades and improvements to materials and applications, and/or
B. Complete voluntary surveys seeking feedback for quality and service improvement purposes.
We will not share or release your information to any organization or business entity, unless and only to the extent that we determine in good faith that the law requires or compels such disclosure.
Collection and Use of Personally Identifiable Information from Children Under 13
This web site is NOT directed to children under 13.
Some Battle Gear mobile applications are designed for children under the age of 13. We make a point of NOT knowingly collecting PII in those mobile applications. We do not collect name, physical address, email address, phone number, location, photographs, or other PII in those applications.
The only way we would ever receive PII from a user of one of these under-13 applications is if the user contacts us by email. In that situation we will respond with a single email to acknowledge the information, and, if needed, to request a more detailed error description. If further interaction is necessary, the user must provide us with a parent’s email address, and we will involve a parent in the interaction.
After completing the interaction, we will delete the child’s email address. We will not use the email address of an under-13 user to initiate any further contact. Because we do not knowingly collect PII from children under the age of 13, we also do NOT knowingly distribute such PII to any outside entity unless and only in the rare case when required by law, and we do NOT condition the use of our website by a child under 13 on their providing PII.
Removing Personally Identifiable Information
At any time, you may request that we delete your user account(s) and any related data. If you wish to delete your user account(s), please email us at the email address below with the words “Delete BG Account” in the subject line.
Terms and Conditions of Use
Restrictions on Use of Online Materials. All online content on the Battle Gear site are Copyright © 2013 Battle Gear, LLC, or are licensed or otherwise used by Battle Gear with the permission of the owner of the material. At no time does anyone acquire ownership right in any Battle Gear material merely by using it. No material from this website owned, operated, licensed, or controlled by Battle Gear may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express written permission of Battle Gear. At times, Battle Gear may publish some material online and grant permission to use it with certain restrictions and conditions, including the following: (1) all copyright, trademark and proprietary notices must remain posted on material; (2) no material may be modified in any manner; and (3) the use of material must be non-commercial in nature.
Submitting Material. All comments, suggestions, ideas or other information or content that you send to Battle Gear becomes and remains the property of Battle Gear, except for information that is protected under the above paragraph, Privacy and the Information We Collect.
Battle Gear does not have to treat your submissions as confidential. If you submit any material to Battle Gear, you grant to Battle Gear the right to read, use, distribute, disclose and otherwise handle the material, as Battle Gear deems appropriate in its sole judgment without any compensation to anyone. You cannot sue Battle Gear for using ideas that you voluntarily submit to us. If Battle Gear uses your idea or anything resembling it, Battle Gear does not have to pay you or anyone else for doing so. Battle Gear will have exclusive ownership of all present and future rights to any such submissions.
Limitation of Liability. BATTLE GEAR WILL NOT BE LIABLE FOR ANY DAMAGE OR INJURY THAT RESULT FROM YOUR USE OF ITS SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE OR INJURY CAUSED BY:
– USE OF OR INABILITY TO USE THE BATTLE GEAR SITE
– USE OF OR INABILITY TO USE ANY SITE TO WHICH YOU HYPERLINK FROM THE BATTLE GEAR SITE
– INTERRUPTION OF AVAILABILITY OF THE BATTLE GEAR SITE
– FAILURE OF THE BATTLE GEAR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR ANTICIPATED
– DELAY IN OPERATION OR TRANSMISSION OF THE BATTLE GEAR SITE
– ERROR(S) ON THE BATTLE GEAR SITE
– OMISSIONS ON THE BATTLE GEAR SITE
– DEFECTS ON THE BATTLE GEAR SITE
– COMPUTER VIRUS OR LINE FAILURE
BATTLE GEAR IS NOT LIABLE FOR DAMAGES, INCLUDING COMPENSATORY, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE.
CERTAIN STATE LAWS MAY NOT ALLOW BATTLE GEAR TO LIMIT OR EXCLUDE LIABILITY FOR SOME DAMAGES. THE ABOVE LIMITATION WOULD NOT APPLY IN THOSE STATES.
HOWEVER, IN ANY EVENT, LIABILITY OF BATTLE GEAR TO YOU FOR ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF ANY KIND, REGARDLESS OF LEGAL THEORY APPLIED, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE BATTLE GEAR SITE.
FURTHERMORE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BATTLE GEAR, AND ITS MEMBER, MANAGER, EMPLOYEES, AND AGENTS, HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES AND EXPENSES, RELATED TO YOUR BREACH OF THIS INTERNET POLICY OR USE OF THIS WEB SITE. BATTLE GEAR RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
Your California Privacy Rights
California Civil Code Section 1798.83 permits a California resident to request and obtain from a company with which he or she has an established business relationship, once a year, free of charge, a list of third parties to which the company has disclosed his or her PII during the preceding year for direct marketing purposes. Battle Gear has not and will not share your PII with third parties for their direct marketing purposes; accordingly, we will not maintain such a list of third parties.
For Further Questions
Battle Gear has a goal and policy to produce mobile applications and web content that is appropriate for the entire family. It remains a fact that mobile applications and web sites are always changing to add new features and to address new public concerns. These factors may necessitate changes to this policy statement. Battle Gear will keep a current version posted. A posted date will accompany the policy for the benefit of our visitors.
Effective Date: March 29, 2013