(Last updated July 2nd, 2020)
Peculiar Roots is committed to protecting the privacy rights of visitors on www.PeculiarRoots.com
WHAT INFORMATION DO WE COLLECT?
The information we learn from customers helps us personalize and continually improve your shopping experience at www.peculiarroots.com. Any personal information you provide to us is maintained on secure servers and our internal systems. It is always your choice whether or not to provide personal information. Any information you provide will be treated with care, and subject to this Policy will not be used or disclosed in ways to which you have not consented.
INFORMATION YOU PROVIDE
During your use of www.peculiarroots.com, such as registering for an account and signing into your account, you may be asked to voluntarily provide personal information (such as your name, e-mail address, postal address, telephone number, credit card information, etc.) for the purpose of facilitating communications with you or facilitating your use of www.peculiarroots.com, including placing an order, purchasing a gift certificate, and creating a baby registry online. If you choose not to provide certain requested personal information, you will not be able to register as a Peculiar Root's customer or use certain features of the website.
NEWSLETTERS FROM PECULIAR ROOTS.
To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mails from www.peculiarroots.com if your computer supports such capabilities. If you do not wish to receive e-mail or other mail from Peculiar Roots, please simply click unsubscribe.
HOW WE USE YOUR INFORMATION
We use the information that we collect from you to:
Process and fulfill your orders, manage your account, administer the website, monitor online traffic patterns, protect the security and usability of our website, notify you of new products and special offers.
WHAT ABOUT COOKIES?
Peculiarroots.com uses "cookies", a technology that stores a small amount of information on a website user's computer to permit the website to recognize future visits using that computer. Cookies enhance the convenience and use of peculiarroots.com. For example, the information provided through cookies is used to recognize you as a previous user (so you do not have to enter your personal information every time), offer personalized web page content and information for your use and otherwise facilitate your website experience. Cookie data may be used for purposes including delivering to you advertisements that are tailored to your interests when you visit certain websites. You may also wish to decline cookies if your browser permits, but doing so may affect your use of the website.
DOES PECULIAR ROOTS. SHARE THE INFORMATION I PROVIDE?
We take your privacy very seriously and do not sell or rent your personal information to other marketers.
DISCLOSURE TO AUTHORIZING PERSONS
If you use the website on behalf of another person or organization (such as your employer), Peculiar Roots may provide your personal information to that authorizing person/organization. Peculiar Roots has no control over the use of your personal information by the authorizing person/organization, and that use is not subject to this Policy. If you do not wish your personal information to be disclosed to the person/organization on whose behalf you use the website, you may not use the Website.
LAW ENFORCEMENT AND LEGAL DISCLOSURE
Peculiar Roots may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where Peculiar Roots has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to its legal counsel. Peculiar Roots has no control over, or liability for, those persons' use and disclosure of your personal information, and that use and disclosure is not subject to this Policy. With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
HOW SECURE IS MY PERSONAL INFORMATION?
We work to protect the security of your information during transmission by encrypting the information you input online. If you have accessed a secure server, the first characters of the address in that line should change from "http" to "https." You can help us by also taking precautions to protect your personal data when you are using Internet. 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.
WHAT OPTIONS DO I HAVE?
As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase.You can add or update certain information on pages such as those referenced in the My Account section, simply logging in with your email address and password. If you do not want to receive e-mail or other mail from us, please simply click Unsubscribe button in your email newsletter.
If you have any comments or questions about this Policy or your personal information, please send your comments by e-mail to email@example.com
Use of Photography.
You agree to grant to Peculiar Roots L.L.C. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to Peculiar Roots L.L.C. (by any means such as Facebook, bulletin boards, forums, newsgroups, e-mail, voice, paper or fax transmission) now known or hereafter developed. You also grant to Peculiar Roots L.L.C. the right to use your photographs or material in all advertising, marketing, and promotional material.
You agree that you shall have no recourse against Peculiar Roots L.L.C. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it's not overridden by your rights
- For payment processing purposes
- To comply with the law
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Peculiar Roots. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please submit a request via email: firstname.lastname@example.org
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you.Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you via this form
The right of rectification.You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object.You have the right to object to our processing of your Personal Data.
The right of restriction.You have the right to request that we restrict the processing of your personal information.
The right to data portability.You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent.You also have the right to withdraw your consent at any time where Peculiar Roots relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
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 digital and physical products, services, and events.
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 email@example.com. 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 Stodge, LLC d/b/a Postscript 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 greensboro, North Carolina 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 Peculiar Roots’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.
Miscellaneous: 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.
Direct all questions regarding this statement to;
1585 Yanceyville Street #14292
Greensboro, NC 27405