Privacy Notice

ONLINE PRIVACY NOTICE

1. Introduction.

(a)    Website Owner. Surfly, LLC is the owner of this website ("Website"). Surfly can be contacted by mail at Attn: Legal, 5635 Riverdale Drive, Jamestown, NC 27282, or by e-mail at support@shopsurfly.com. This online privacy notice discloses Surfly information practices for this Surfly Website, including what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the in-formation is shared.

(b)   Website Visits. In general, you can visit on the Surfly Website without disclosing any personal information. Surfly does keep track of the domains from which people visit us.

(c)    Website Transactions. At times, Surfly will need personal information regarding a customer or a prospect. For example to process an order or provide a subscription, Surfly may need to know a customer's name, mailing address, e-mail address and credit card details. It is Surfly's intent to inform you before Surfly collects personal information, such as user's name and/or address on the Internet. If you tell us that you do not wish to have this information used as a basis for further contact with you, Surfly will respect your wishes.

2. Personal Information That May Be Collected.

(a)    Identifying Information. In order to make a purchase or to access designated subscriber services and /or restricted areas within the SURFLY Website, Surfly will request a user to provide certain personal identifying information, which may include: name, postal address, e-mail address, username and password, telephone number, method of payment, and, if applicable, credit card number. Surfly may request additional information necessary to establish and maintain customer's account.

(b)   Service Quality Monitoring. Some Website transactions may require a customer to telephone Surfly, or Surfly to call the customer. Surfly will not contact you by telephone without your prior consent, except to confirm an order placed online and/or to inform a customer of the status of such order.

(c)    Information from Children. Surfly does not sell products or services for purchase by children.

(d)   Lost or Stolen Information. If a customer's credit card and/or password is lost or stolen, the customer should promptly notify Surfly in order to enable Surfly to cancel the lost or stolen information and to update its records with a changed credit card and/or password.

(e)    Chat Rooms, Forums and Bulletin Boards. If customer participates in a Surfly chat room, discussion forum, or posts messages to a Surfly bulletin board, customer should be aware that the information disclosed and shared will be broadly available to other persons, both inside of and/or outside Surfly, who have access to that chat room, forum or bulletin board. Participation in any or all of such forums is subject to the provisions set forth the Surfly Website Terms of Use.

(f)     Links to Other Websites. The Surfly Website may contain links to other websites. Surfly is not responsible for the privacy practices or the content of those other Websites.

3. Uses Made of the Information.

(a)    Limited Uses Identified. Without customer's prior consent, Surfly will not use your personal identifiable information for any purpose other than that for which it is submitted. Surfly uses personal identifiable information to fill orders, reply to inquiries, handle complaints, provide operational notices and in program record-keeping. Surfly also processes billing and business requests related to Surfly Website participation.

(b)   Marketing Uses. Unless customer specifically notifies Surfly that s/he opts-out, Surfly reserves the right to provide customer with information about Surfly's Website, Surfly products and services, and related information in which customer has indicated an interest.

(c)    Stored Information Uses. Surfly stores the information provided by customer or the information entered on the Surfly Website. This information is used to deliver customer purchases, and to compile a customer's purchase history in order to enable Surfly to recommend products, services, or special offers that would be of interest to a customer.

(d)   Online Advertising. Some companies that help Surfly deliver interactive on-line advertising, such as banner ads, may collect and use information about Surfly's customers to help Surfly better understand the types of advertising or promotions that are most appealing to Surfly's customers. After it is collected the information is aggregated so it is not identifiable to a specific individual. If, however, customer would prefer that these companies not collect such information, please notify Surfly.

4. Disclosure of the Information.

(a)    Mergers and Acquisitions. Circumstances may arise where for business reasons, Surfly decides to sell, buy, merge or otherwise reorganize its businesses in the United States or some other country. Such a transaction may involve the disclosure of personal identifying information to prospective or actual purchasers, and/or receiving such information from sellers. It is Surfly's practice to seek appropriate protection for information in these types of transactions.

(b)   Agents. Surfly employs or engages other companies and individuals to perform business functions on behalf of Surfly. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer services.

(c)    Marketing Analysis by Third Parties. Surfly reserves the right to disclose to third parties personal information about customers for marketing analysis; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual customer.

(d)   Disclosure to Governmental Authorities. Under certain circumstances, personal information may be subject to disclosure pursuant to a judicial or other government subpoenas, warrants or orders.

5. Use of Computer Tracking Technologies.

(a)    No Tracking of Personal Information. Surfly's Website(s) are not set up to track, collect or distribute personal information not entered by visitors. Through website access logs Surfly does collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes for research and development, user analysis and business decision making, all of which provides better services to the public. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.

(b)   Use of Cookies. Surfly, or its third party vendors, collects non-identifiable and personal information through the use of various technologies, including "cookies". A cookie is an alphanumeric identifier that a Website can transfer to customer's hard drive through customer's browser. The cookie is then stored on customer's computer as an anonymous tag that identifies the customer's computer, but not the customer. Cookies may be sent by Surfly or its third party vendors. Customer can set its browser to notify customer before a cookie is received, giving an opportunity to decide whether to accept the cookie. Customer may also set its browser to turn off cookies; however, some Websites may not then work properly.

(c)    Collection of Non-Identifiable Information. Surfly may collect non-identifiable information from user visits to the Surfly Website(s) in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on Surfly Website(s); Website and system administration; user analysis; and business decision making. Such information is sometimes known as "clickstream data." Surfly or its contractors may use this data to analyze trends and statistics.

(d)   Collection of Personal Information. Surfly collects personal identifying information from customer during a transaction. Surfly may extract some personally identifying information about that transaction in a non-identifiable format and combine it with other non-identifiable information, such as clickstream data. This information is used and analyzed only at an aggregate level (not at an individual level) to help Surfly understand trends and patterns. This information is not reviewed at an individual level.

6. Information Security.

(a)    Commitment to Online Security. Surfly employs physical, electronic and managerial procedures to safeguard the security and integrity of personal information. Billing and payment data is encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online requests or complaints.

(b)   No Liability for Acts of Third Parties. Surfly will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, Surfly shall not be liable for unauthorized disclosure of personal information due to no fault of Surfly including, but not limited to, errors in transmission and unauthorized acts of Surfly staff and/or third parties.

7. Privacy Policy Changes and Opt-Out Rights.

(a)    Changes to Privacy Policy. Surfly reserves the right to update its privacy policy statement at any time. A notice of any material change will be posted on the Surfly Website for thirty (30) days prior to the implementation of such change.

(b)   Opt-Out Right. Customer and/or prospective customer has the right at any time to cease permitting personal information to be collected, used or disclosed by Surfly and/or by any third parties with whom Surfly has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting Surfly via e-mail at support@shopsurfly.com. After processing the cancellation, Surfly will delete customer or prospective customer's personal information from its data base.

8. Access Rights to Data.

(a)    Information Maintained by Surfly. Upon customer's request, Surfly will provide a reasonable description of customer's personally identifiable information that Surfly maintains in its data bank. Surfly can be contacted by e-mail at support@shopsurfly.com.

(b)   Corrections and Changes to Personal Information. Help Surfly to keep customer personal information accurate. If customer's personal information changes, or if customer notes an error upon review of customer information that Surfly has on file, please promptly e-mail Surfly (support@shopsurfly.com) and provide the new or correct information.

(c)    Your California Privacy Rights. Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of Surfly who are California residents to request certain information regarding Surfly’s disclosure of personal information for their direct marketing purposes. To make such a request, please write to: Attn: Legal, 5635 Riverdale Drive, Jamestown, NC 27282. Within 30 days of receiving such a request, Surfly will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. Surfly reserves its right not to respond to requests submitted other than to the address specified in this paragraph.

California’s privacy laws require a company to provide notice to California users of their rights to receive information on to which entities their information was shared for marketing purposes.

9. Accountability.

(a)    Questions, Problems and Complaints. If you have a question about this policy statement, or a complaint about Surfly compliance with this privacy policy, you may contact Surfly by e-mail (support@shopsurfly.com).

(b)   Terms of Use. If customer chooses to enter into a purchase order, customer's action is hereby deemed acceptance of Surfly practices described in this policy statement. Any dispute over privacy between customer and Surfly is subject to the provisions of this notice and to Surfly's Terms and Conditions of Sale and Website Terms of Use, which are hereby incorporated herein and which are available on the Surfly website.