Terms & Conditions
Last Updated: January 2024
Website and Digital Platform Usage
Welcome to azaleampls.com (the "Website"), operated by Azalea Acupuncture & Aesthetics LLC, a Minnesota limited liability company, ("Azalea", "we", "our", or "us"). These Terms and Conditions of Use ("Terms") set forth the terms and conditions which govern your use of the Website and Azalea’s Social Media Platforms (collectively referred to as the “Website”). Please read this information carefully before using and working with Azalea.
USE OF THIS WEBSITE.
By using or interacting with Azalea through this Website or with any tools, websites, applications or other electronic destinations accessible through this Website or Azalea itself, you are agreeing to all of the provisions of these Terms, the Privacy Policy of Azalea located via the footer of the Website, and the terms of service or terms and conditions of any of the tools, websites, applications or other electronic destinations you access through this Website.
IF YOU DISAGREE WITH THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
UPDATED TERMS.
These Terms may be updated from time to time, at Azalea’s sole discretion. It is your responsibility, as the viewer, visitor, client or customer, to check these Terms regularly to see if any may have changed, and to alert Azalea if you do not agree with the changes that have been made.
Terms
These Terms are between Azalea and you for online usage. By using our Website, you are accepting these Terms.
AZALEA SERVICES
Azalea is here to provide you with acupuncture and Traditional Chinese Medicine. Azalea also offers gift cards for its services and cosmetic products and tools.
ONLINE SERVICES
Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products to you.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
FDA & PRODUCT DISCLAIMER
The statements made regarding products sold on the Site have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease.
MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the services including products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the services.
PRODUCTS
Certain products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy- see below.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by- case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited.
We do not warrant that the quality of any products purchased or obtained by you will meet your expectations.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
RETURN POLICY
We are genuinely committed to your satisfaction.
We will gladly replace or issue credit for any damaged or defective product within seven days after delivery, less costs of shipping; no full refunds will be granted. Due to the purity of the ingredients used, we cannot accept any opened items. Therefore, to be eligible for a return, your item must be unused, in the same condition that you received it, and in the original packaging.
Please send us a detailed note at hello@azaleampls.com and we will take care of you.
No returns or credits will be granted after the seven days of delivery and we cannot accept returns or exchanges without a prior email communication.
Please note, due to the nature of the raw ingredients, there may be a slight variation in between batches and products.
DISCLAIMER AND REPRESENTATIONS AND WARRANTIES.
THIS WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH IT (collectively “services”) ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER AZALEA NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE PRODUCTS OR SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
The Website may offer health, wellness, and lifestyle information. The information posted on the Website is for general information and educational purposes only. You should not rely on this information as a substitute or replacement for professional medical advice, diagnosis, or treatment. The information on the Website, and any linked materials, are not intended to be, and should not be construed as, medical advice. If you have a medical concern, you should consult your medical professional. Do not disregard, avoid or delay obtaining professional medical or health-related advice as a result of reading information on the Website. Azalea does not make any warranties about the completeness, reliability, or accuracy of this information. Any action you take upon the information you find on the Website is strictly at your own risk. Azalea will not be liable for any losses or damages in connection with the use of the Website. Any information and products offered by Azalea, whether on the Website or otherwise, are not intended to diagnose, cure or prevent any disease or disorder of any kind.
LIMITATIONS OF OUR LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABSENT ITS WILLFUL OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL AZALEA, ITS OWNERS OR ITS CONTRACTORS AND EMPLOYEES, BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, INCLUDING PRODUCTS, (B) THESE TERMS AND YOUR USE OF OUR WEBSITE OR (C) YOUR MISUSE OF THE WEBSITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN ALL CIRCUMSTANCES, THE MAXIMUM COLLECTIVE LIABILITY OF AZALEA, ITS OWNERS OR ITS CONTRACTORS AND EMPLOYEES, TO YOU FOR DAMAGES FROM ANY AND ALL CAUSES, AND YOUR MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO $100.00 USD. ANY SUCH CLAIM MUST BE COMMENCED WITHIN ONE YEAR OF THE INITIAL FACTS GIVING RISE TO THE CLAIM.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
FORCE MAJEURE
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, warm, invasion, failures of any public networks, electrical shortages, earthquakes, or floods, civil disorder, marches, riots, strikes, fire, pandemics, epidemics, communicable diseases or other disasters.
INTELLECTUAL PROPERTY
Services contain but are not limited to: (i) materials and other items relating to Azalea and its services, and similar items from our licensors and other third parties, including any content that constitutes copyrightable materials under the United States Copyright Act; and (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities including those of Azalea, our licensors and other third parties, including the makers of any of the products that Azalea offers (collectively “Azalea Content”). All rights, titles, and interest in and to our services and Azalea Content is the sole property of Azalea or those who we’ve received permission from or have licensed to, and are protected by the various state and federal intellectual property and unfair competition rights and laws to the fullest extent possible. You should assume that any material, including our services, including products, designs, digital content, related services, and other protectable assets of Azalea, whether contained on our Website or otherwise, are proprietary and either trademarked or copyrighted, whether at common law, federally or internationally. In the instance of Azalea believing that you have infringed by your actions, you agree to immediately cease and desist from your usage of the subject material, and agree to injunctive relief as sought by Azalea. If you wish to use any of the information contained on the Website, please first contact Azalea at hello@azaleampls.com.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others and require that the people who use the Website and products do the same. If you are a copyright owner and believe that any content posted on the Website infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our DMCA copyright agent for notice of copyright infringement on the Site can be reached as follows:
LIMITED LICENSE
Subject to your strict compliance with these Terms and the Privacy Policy, Azalea grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to view and display Azalea Content on personal electronic devices. This, however, does not give you any ownership of, or any other interest in, any Azalea Content. Your unauthorized use of Azalea Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability.
SETTING UP AN ACCOUNT
Certain features of our services may require you to register for an account. When registering, you agree to: (i) provide and maintain true, accurate, current, and complete information; (ii) protect and prevent unauthorized access to your account; and (iii) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. As the owner and operator of your account, you are solely responsible for all activities that occur under it, whether or not you authorized the activity. Azalea is not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
PAYMENT PROCESSING
Please note that any payment terms presented to you are deemed part of these Terms.
You agree that you are responsible for all payments and taxes incurred hereunder. All purchases are secured through our Website, and we use a third-party payment processor to bill you. You acknowledge and agree that any credit card and related billing and payment information that you provide to us must be accurate and may be shared by us with companies who work on our behalf, such as our payment processor and/or credit agencies, for the purposes of effecting payment to us. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to these Terms. We are not responsible for error by the payment processor. You agree to pay us all charges at the prices then in effect in accordance with the applicable payment terms and you authorize us to charge your chosen payment provider. You are also responsible for any sales or other taxes associated with your purchase.
RESTRICTIONS
You may not: (i) modify Azalea Content for your own or a third-party’s monetary gain; (ii) interfere with the proper operation of or any security measure used by Azalea Content; (iii) use Azalea Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (iv) otherwise violate these Terms.
You agree that you or software you have an affiliation with, will not directly or indirectly export, re-export, or knowingly permit the export or re-export, of the Site or any Information to any country or otherwise use the Site or any Information in violation of any applicable export or other laws and regulations of the U.S. or any other country.
USER CONTENT AND CONSENT
You acknowledge that you alone are entirely responsible for all information, reviews, photographs, video, messages, tags and/or other materials (collectively, “User Content”) that you upload, post, e-mail, transmit or otherwise make available reflecting our services.
You acknowledge that Azalea has no obligation to pre-screen User Content, although Azalea reserves the right in its sole discretion to pre-screen, refuse or remove any User Content from Azalea’s website and you are providing Azalea with permission to contact other those operating other websites on which you post User Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content.
You grant Azalea a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display User Content (in whole or in part) for any purpose, commencing on the date you made such User Content available, including promoting and marketing Azalea. You warrant that the holder of any worldwide intellectual property right, including moral rights, in the User Content, has completely, effectively and irrevocably granted to you the right to grant the license stated above.
You shall not (and shall not permit any third party) either (a) take any action or (b) make available any User Content that, in Azalea’s sole discretion: (i) infringes on any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; or (iii) involves commercial activities and/or sales, contests, giveaways or sweepstakes, without Azalea’s prior written consent.
LINKS TO THIRD PARTY WEBSITES
Our Website may contain links, banners, or advertisements that lead to other websites not subject to these Terms or our Privacy Policy. We encourage you to read each site’s policies to learn about how your information may be treated by other websites.
SECURITY
Our Website may only be used for lawful purposes. Illegal activities, including but not limited to tampering with the Website, misrepresenting the identity of a user, or conducting fraudulent activities on the Website are prohibited. You agree not to use any device, software or routine, or data to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
MODIFICATIONS
Any modification or amendment to these Terms requires the sole consent of Azalea and may be signified by a notice posted to the Website that the terms have been updated or a new “last updated date” denoted at the top of these Terms. If there is a particular situation in which the Terms need to be modified for any one individual, the request will be considered for extraordinary circumstances only, and the request shall be emailed to hello@azaleampls.com; in such an instance, the parties may modify or amend these Terms by way of email, so long as all parties provide proper acknowledgment of receipt of the email and indicate their acceptance of the revised terms by way of an electronic signature in the following form: “/s/ Party Name”. Email modifications shall not become binding until all parties have complied with these requirements.
ELECTRONIC COMMUNICATIONS
Visiting Azaleampls.com or sending emails to Azalea constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through or on the Website, satisfy any legal requirement that such communications be in writing.
PHOTOGRAPHIC RELEASE
By and in consideration for your use of our services, you irrevocably grant Azalea and its agents and representatives all rights to use, reproduce, display, exhibit, publish, edit, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for Azalea’s marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Azalea at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area. You further understand and grant permission to Azalea and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising from or related to the use of your Likeness. This release also applies to all photographic, audio, and/or video recordings that you create, relating to Azalea (or any third party related to Azalea). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, edited and/or distributed by or on behalf of Azalea.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Azalea from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your misuse of our service; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (v) your use of a third party service; or (vi) any misrepresentation made by you. Azalea reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Azalea’s defense of any claim. You will not in any event settle any claim without the prior written consent of Azalea.
This provision does not require you to indemnify us for our actions.
WAIVER OF INJUNCTION OR OTHER EQUITABLE RELIEF
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION, THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR USE OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY AZALEA OR A LICENSOR OF AZALEA.
CONTROLLING LAW; JURISDICTION
The validity, construction and enforceability of these Terms shall be governed in all respects by the laws of the State of Minnesota, and the parties expressly agree that any dispute requiring resolution by a court shall be subject to the sole and exclusive venue and jurisdiction of the state and federal courts serving Hennepin County, Minnesota.You consent to personal jurisdiction before such courts.
DISPUTE RESOLUTION
Any dispute or claim arising under or in any way related to these Terms, with the exception of recovery by Azalea of any unpaid amounts from you (which may be recovered by Azalea via collections, small claims court action, or any other legal remedy available to Azalea), shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. The parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator in Hennepin County, Minnesota. All parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same, and the parties may then proceed to seek an alternative form of resolution of the dispute or claim, as they wish. In the event that Azalea chooses or is forced to pursue any form of collections or legal action to enforce the Terms, you accept responsibility for all costs incurred in such dispute, including Azalea’s reasonable attorneys’ fees and costs.
NO CLASS ACTIONS
To the fullest extent allowed by law: (a) you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action, and (b) you agree not to participate in class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations.
INTERPRETATION
You acknowledge and agree that these Terms, including waivers of liability, are intended to be as broad and inclusive as permitted by applicable law.
ASSIGNABILITY
Azalea alone may assign, directly or indirectly, all or part of its rights or obligations under these Terms without your prior written consent. Nothing in these Terms, express or implied, will confer upon any person or entity not an authorized assignee to these Terms, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms, except as expressly provided in herein.
SEVERABILITY
If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
WAIVER
The failure or delay by Azalea to enforce or exercise any provisions of these Terms shall not constitute or be deemed a waiver of such provision or any other provisions within these Terms. Furthermore, any waiver or breach of any provision of these Terms shall not amount to a waiver of any other provision.
SURVIVAL
The provisions of these Terms which by their nature should survive termination of your use of our service, including sections on Intellectual Property, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, and Waiver of Injunctive or Other Equitable Relief will survive.
RESERVATION OF RIGHTS
All rights not expressly granted to you are reserved by Azalea and its licensors and other third parties. No right or license may be construed to grant you such rights, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Azalea Content or service for any purpose is prohibited.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties concerning the subject matter covered by these Terms and supersede all prior agreements, whether oral or written, concerning the subject matter of these Terms.
By using this Website or purchasing products through this Website, you are agreeing to the Terms.
Last Updated: January 2024
PRIVACY POLICY
We respect your privacy. This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide to us when you access our website, purchase our goods, or engage with us on social media, as well as your own rights to the information we collect. This Policy does not apply to information we collect from you through other channels, such as over the phone or in our office/clinic.
As used in this policy, terms such as “we” or “our” and “company” refer to Azalea Acupuncture & Aesthetics LLC and any current or future affiliates.
Please note that to the extent you submit "protected health information" (as defined by the Health Insurance Portability and Accountability Act) through this website, such information is also governed by our Notice of Privacy Practices. To the extent there is a conflict between this Policy and our Notice of Privacy Practices, the stricter of the two applies.
Please read this Privacy Policy carefully. We will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our website(s). We encourage you to review this Privacy Policy periodically, when you use our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website after the revised Privacy Policy is posted.
At the end of this Policy, we will ask those of you located in the European Economic Area (which includes all EU countries plus Iceland, Liechtenstein and Norway) to click a box indicating that you agree to this Policy. If you do not wish to click the box, then please do not use the website.
INFORMATION THAT WE COLLECT
We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. The information we collect may include:
PERSONAL DATA
Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register
with or make purchases from our website. You may also provide this information by participating in various activities associated with our site, including responding to us or contacting us with questions. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.
DERIVATIVE DATA
Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
FINANCIAL DATA
Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to submit payment for our services. We store limited financial data. Most financial data is transferred to our payment processor, or any other third party payment processor that we may employ, and you should review the processor’s Privacy Policy to determine how they use, disclose, and protect your financial data.
SOCIAL NETWORKING DATA
We may access personal information from social networking sites and apps, including Facebook, Instagram, Twitter, Pinterest, or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
MOBILE DEVICE DATA
If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
HOW WE USE YOUR INFORMATION
Your information allows us to offer you services including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website or mobile app).
Specifically, some of the ways that we may use the information and data described above are to:
1. Create and administer your account;
2. Deliver any products or services purchased by you to you;
3. Correspond with you;
4. Process payments or refunds;
5. Contact you about new offerings that we think you will be interested in; 6. Interact with you via social media;
7. Send you a newsletter or other updates about our company or website; 8. Deliver targeted advertising;
9. Request feedback from you;
10. Notify you of updates to our product and service offerings;
11. Resolve disputes and troubleshoot any problems;
12. Generate a profile that is personalized to you, so that future interactions with our website will be more personal;
13. Compile anonymous statistical data for our own use or for a third party’s use; 14. Assist law enforcement as necessary;
15. Prevent fraudulent activity on our website or mobile app; and
16. Analyze trends to improve our website and offerings.
WHY WE DISCLOSE YOUR INFORMATION
We may share your information with third parties in certain situations. In particular, we may share your data with third party processors as needed to serve our legitimate business interests, which include administration of our website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you. The legal basis for our disclosure of your data is both your consent to this Privacy Policy and our own right to protect and promote our legitimate business interests.
The following are specific reasons why we may share your information:
THIRD PARTY PROCESSING
We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery, and customer service. For more information, see the “Processing Your Information” section below.
BY LAW
We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
TO PROTECT OUR COMPANY
We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
OTHER THIRD PARTIES
We may share information with service providers, our investors, or other third parties for business purposes.
SALE OR BANKRUPTCY
In the event that our company is sold, goes out of business, or enters bankruptcy, your information may be an asset that is transferred to a third-party successor. Such a successor is not bound by our Privacy Policy and may have its own. You will be notified in the event our Company is sold, goes out of business, or enters bankruptcy.
INTERACTIONS WITH OTHERS
If you interact with others on our website, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts.
EXTERNAL LINKS
Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including any hyperlink on our own web page, we do not regularly monitor the websites of these third parties, and we are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the privacy policies of any third-party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and by different methods than we do.
OTHER PURPOSES
We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.
TRACKING TECHNOLOGIES
Cookies, Log Files, and Web Beacons
Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track a user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
We also use cookies - small text files sent to us by your computer - and web beacons to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto our website, for personalization, for security, for targeted advertising, or for analysis of the performance of our website and services. We use cookies that are not specific to your account but unique enough to allow us to analyze general trends and use, and to customize your interaction with our website. Cookies may include “single-session cookies” that generally record information during only a single visit to a website and then are erased, and “persistent” cookies that are generally stored on a computer unless or until they are deleted or are set to expire.
Most browsers are set to accept cookies by default. In addition, when you first encounter our website, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our website. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies? By continuing to use our website and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this Policy.
In addition, we may use third-party software to post advertisements on our website or mobile app to oversee marketing or email campaigns or manage other company initiatives. These third party softwares may use cookies or similar tracking technology. We have no control over these third parties or their use of cookies. For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
WEBSITE ANALYTICS
We may partner with third party analytic companies. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of our website to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third-party vendors. However, in order to access our website, you must consent to the collection and use of your information by these third-party analytic companies. You should review their Privacy Policy and contact them directly if you have questions. If you do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
PROCESSING YOUR INFORMATION
For the most part, we do not process your information in-house, but give it to third-party processors for processing. They process your payment and remit the funds to us. So, in many instances, it will be necessary for us to transmit your information to a third-party processor, as we do not have the capability to perform these functions. More detail on third-party processing is detailed below.
However, we may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and our need to conduct our legitimate business interests. Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. For example, we may process the following data:
1. Data associated with your account, such as your name, address, and email address and payment information.
2. Data about your usage of our website, such as your IP address, geographical information, and how long you accessed our website and what you viewed.
3. Data related to your personal profile, such as your name, address, profile picture, interests or employment details.
4. Data that you provide us in the course of using our website services.
5. Data that you post on our website, such as comments or responses.
6. Data that you submit to us when you make an inquiry regarding our website or offerings.
7. Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information.
8. Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.
9. Data that you submit to us via correspondence, such as when you email us with questions.
10. Any other data identified in this Policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.
INTERNATIONAL DATA
Our website is hosted by servers located in the U.S. Therefore, if you reside outside the United States, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards.
DATA RETENTION
We retain personal data as long as it is needed to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account,
unless and until you delete your account. Data that we gather for a specific and particular purpose, such as analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.
SECURITY OF YOUR INFORMATION
We take all reasonable steps to protect your personal data and keep your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit to us nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the internet.
By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties.
We will notify you promptly of any known breach of our security systems or your data which might expose you to serious risk.
CHILDREN
This website or mobile app is not designed for use by children under age 18, and we do not knowingly solicit personal data from anyone under age 18. If you are under age 18, do not access or use our website or related products or services. If you become aware that we have collected data of anyone under the age of 18, please contact us so that we may delete that data.
YOUR RIGHTS
You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data, unless otherwise set forth in this Policy. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.
UPDATE ACCOUNT INFORMATION
You have the right to update or change any information you have provided to us. To update or delete your information, please contact us at hello@azaleampls.com.
CONFIRM PERSONAL DATA AND ITS USE
You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.
CHANGE CONSENT
You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our website.
REQUEST A COPY OF DATA
You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
TRANSFER YOUR DATA
You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine-readable format, unless doing so would cause us an undue burden.
DELETE ALL DATA
You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website.
EMAILS AND COMMUNICATIONS
You may opt out of receiving future email correspondence from us by contacting us at hello@azaleampls.com.
PROCESSING
You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not
pass it on to third party processors without your consent, except as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note, however, that doing so may result in the termination of your account and loss of access to our website.
COMPLAINTS
You have the right to complain to a supervising authority if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law.
NEWSLETTER PRIVACY
We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. This data is collected and held in Jane App and/or Squarespace.
You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business. We do not ever sell your information to third parties.
SEVERABILITY
If any part of this Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
APPLICABLE LAW; DISPUTE RESOLUTION, VENUE
The laws of the State of Minnesota, USA will govern this Privacy Policy, and will govern any dispute, controversy or claim relating in any way to the Privacy Policy without regard to any conflict of laws. If any dispute, controversy or claim arises between you and us, you agree to submit the matter for mediation before a mutually agreed upon mediator in Hennepin County, Minnesota. If mediation does not result in agreement, the parties agree to courts in Hennepin County Minnesota, as the sole venue for any litigation regarding this Policy, including the rights and obligations of any party to this Policy.
For users who are residents of the forgoing EU Countries listed at the outset of this Policy: I consent to this Privacy Policy (check box).
If you require any more information or have any questions about our Privacy Policy, please feel free to contact us by email at hello@azaleampls.com.