This privacy policy ("Privacy Policy") describes how Essex Technology Group, LLC and its affiliates and subsidiaries (collectively referred to herein as "Bargain Hunt", "we", "our" or "us") collect, use, and share information about you and applies to your use of any online service location that posts a link to this Privacy Policy (collectively, the “Site”). It also applies to your use of all databases, features, plug-ins, applications, content, downloads and/or other services that (i) we own and control and make available through a Site, and/or (ii) that post or link to this Privacy Policy (collectively, with the Site, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. It does not apply to our data collection activities offline or otherwise outside of our Service (unless otherwise stated below or at the time of collection).

Information We Collect:

Information You Give Us. We collect information from you in a variety of ways when you interact with Bargain Hunt through the Service. Some examples are when you:

·         Register or sign up for an account or create a profile;

·         Subscribe to our emails; or

·         Otherwise submit information to us along with any related content of the communication.

The types of information we collect include Personal Information. “Personal Information” is information that can be used to identify you, including your first and last name, email address and phone number. Except to the extent required by applicable law, we do not (a) treat IP address, device ID or other unique identifiers associated with you or your device as Personal Information; or (b) treat information that has been “de-identified” (i.e., the removal of personal identifiers from data to make it no longer personally identifiable) as Personal Information (collectively along with other data that is not Personal Information “non- Personal Information”). We may use and share your non-Personal Information, including without limitation, aggregate and de-identified data about you without any obligation to you, except as prohibited by applicable law.

Information Collected Automatically. Bargain Hunt and its service providers automatically collect certain information about you when you access or use the Service, including by using now and hereafter developed tracking technologies. This information may include demographic information; IP address; browser/device/hardware type; operating system characteristics; information about your use of our Service; and data regarding network connected hardware (e.g., computer or mobile device), such as unique device identifiers, type, model, version, MAC address, device or session ID, error related data status, capability, confirmation, functionality, performance data, and connection type. This information may also include clickstream data, which is information about the page-by-page paths you take as you browse through the Service.

The methods that we and our service providers may use to automatically collect such information include:

  • Log Information: We collect information about your use of the Service, such as the type of browser you use, access times, pages viewed, your IP address and the referring link through which you accessed the Service.
  • Information Collected by Cookies and Other Tracking Technologies: We may use cookies, web beacons (also known as "tracking pixels"), embedded scripts and other tracking technologies to collect information about you when you interact with the Service or our emails, including information about your browsing and purchasing behavior. We may combine this information with other information we collect about you and use it for various purposes, such as improving the Service and your online experience, understanding which areas and features of the Service are popular, counting visits, understanding campaign effectiveness, tailoring our communications with you, determining whether an email has been opened and links within the email have been clicked and for other internal business purposes.

 

Other Information We Obtain. We may receive information about you from other sources as well and combine that with information we collect about you. Examples of these sources are entities that can help improve the quality or personalization of the Service, help prevent or detect fraud, or help to support our advertising and marketing. If we receive Personal Information from a third-party source and/or if we combine the information, we receive from these third-party sources with your Personal Information, we will treat that information as Personal Information. We are not responsible for the accuracy of the information provided by third parties or how such third parties collect, use and share such information.

 

How We Use Your Information

We use the information we collect for various purposes, including for:

  • Registering and servicing your account;
  • Marketing and advertising products and services;
  • Conducting research and analysis;
  • Letting you know about and register for special events, sweepstakes, promotions, surveys, and job opportunities;
  • Operating, evaluating and improving the Service;
  • Any other purpose to the extent not prohibited by applicable law or inconsistent with this Privacy Policy; and
  • For other purposes for which you otherwise consented.

 

Business Transfers. We may share information with our subsidiaries and affiliates for internal business purposes. We may also disclose or transfer all information collected in the event of a proposed or actual sale (including as part of insolvency or bankruptcy proceedings), financing, merger, or any other change in control or ownership of Bargain Hunt or its assets or divisions.

 

Legal and Safety Obligations. We may transfer and disclose information: (i) in the event we are  required to respond to a subpoena or other legal process or if in our good faith opinion such disclosure is required or permitted by law; (ii) at the request of governmental authorities conducting an investigation; (iii) to protect or defend Bargain Hunt or enforce other policies applicable to the Service; or (iv) to protect the personal safety or rights of an individual. To the maximum extent permitted by applicable law, we may also use IP addresses, mobile device identifiers or any other information we collect to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.

 

Communication Preferences.

You may opt-out of receiving from us:

  • Corporate e-mail alerts by following the instructions provided in those e-mail alerts.
  • Promotional e-mail communications by following the instructions provided in those communications or unsubscribing.

 

Important Information

Public Disclosure. The Service may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”), such as on, and in association with your account(s). We may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service.  We are not responsible for User Content you submit to third party services, including third party social media websites, via our Service.

Information from Children. Our Service is not geared towards children and we do not knowingly collect information from children under the age of thirteen (13) without parental consent. If we learn that we have received information from a user under the age of 13, we will delete this information in accordance with the Children’s Online Privacy Protection Act (“COPPA”). Please contact us if you believe your child may have provided us with information without COPPA-required consent and you would like us to work to delete the information.

Third Party Services. The Service may include hyperlinks to or include on or in connection with the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties (“Third Party Service(s)"). These Third-Party Services may use their own cookies, web beacons and other technology to independently collect information about you. In addition, these Third-Party Services may solicit information from you.

Certain functionalities on the Service may permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third Party Service; “liking” or “sharing” Bargain Hunt’ content; logging in to the Service using your Third Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service or by the Third-Party Service that you use. Similarly, if you post Information on a Third-Party Service that references the Service (e.g., by using a hashtag associated with Bargain Hunt in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Bargain Hunt. Also, both Bargain Hunt and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.

We make no representations regarding the policies or business practices of such Third-Party Services and encourage you to familiarize yourself with their privacy policies before providing them with your information.

Social Features. To allow you to interact with third party social media websites, we may provide links or embed third party applications that allow you to login, post content or share information from the Service. Your use of these links and applications is subject to the third parties’ privacy policies, and you should become familiar with the third-party social media websites’ privacy policies before using the links or applications. Bargain Hunt is not responsible for the privacy practices or the content of those third-party social media websites.

Additionally, the Service may offer you the option to send a communication or refer a job to a friend. By sending a communication or referring a job to a friend, you represent that you and your friend are United States citizens and that you have permission to provide your friend’s first and last name and e-mail address. The friend’s information you provide will be used to send the communication or job posting and not used by us for any other marketing purpose unless we obtain consent from that person. Your contact information and message may be included in the communication or referral.

Consent to Transfer Information. The Service is operated in the United States. If you are located outside of the United States, and are accessing or using the Service, please be aware that information we collect will be collected and stored in the United States. By using or accessing the Service or providing us with any information through the Service, you consent to this transfer, processing and storage of your information in United States.

Data Security. Bargain Hunt takes commercially reasonable steps to protect Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information we collect, and you use our Service and provide us with your information at your own risk.

Sweepstakes, Contests, and Promotions. We may offer sweepstakes, contests, and other promotions (each, a “Promotion”) that may require registration. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties in connection with the administration of such Promotion, such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials. Bargain Hunt may offer opportunities to enter a Promotion that we offer jointly with a third party. As a result of your participation in such feature, your information may be shared with the third party that is jointly offering the feature, which will be disclosed at the time your information is collected. We are not responsible for such third parties’ data collection or practices and you should look to such third-party privacy policies for more information.

 

Changes to this Privacy Policy

Bargain Hunt may revise this Privacy Policy in the future. Changes will be effective immediately upon posting the revised policy on the Service. We will not use your information in a manner materially different than what was stated in the policy in effect at the time the information was collected unless we receive your consent.

 

Contacting Us

If you have questions, suggestions, or complaints about this Privacy Policy or Bargain Hunt’s privacy practices, please feel free to contact us by mail at the following postal address:

 

Bargain Hunt

Attn: Customer Care

3829 LOGISTICS WAY

ANTIOCH, TN 37013

 

Disputes; Governing Law; Jurisdiction

Disputes. Except as specifically stated herein, you agree that any disputes, actions, and claims relating to your use of the Service and all matters arising out of or related to this Privacy Policy and any applicable Additional Terms (collectively “Disputes” or a “Dispute”) shall be resolved exclusively by final binding arbitration, except that you may assert claims in small claims court in the county of your residence or in Antioch, Tennessee, if your claims qualify. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Consumer Arbitration Rules. All of the AAA's rules are available at www.adr.org, and the rules governing consumer disputes are available at www.adr.org/consumer. The AAA’s rules, including the rules governing consumer disputes, are also available by calling 1-800-778-7879. You may initiate arbitration by utilizing the forms available on www.adr.org. If you have any difficulty initiating arbitration, you may call the AAA at 1-800-778-7879. You and Bargain Hunt are each giving up the right to have disputes resolved in court before a judge and/or jury (except as stated otherwise in this Section entitled “Disputes; Governing Law; Jurisdiction” (this “Disputes Section”)). The provisions of this Disputes Section constitute your and Bargain Hunt’s written agreement for resolving Disputes, including the agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The most current version of this Dispute Agreement in effect when any Dispute arises shall govern resolution of any Dispute.

Payment of all filing, administration and arbitrator fees (“Arbitration Fees”) will be governed by the AAA's rules. You agree to commence arbitration only in your county of residence or in Antioch, Tennessee. We will reimburse to you Arbitration Fees you paid for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. The arbitration will be conducted based on written submissions unless you request a phone or in-person hearing, or the arbitrator determines that a phone or in-person hearing is necessary. The arbitrator may only award those damages and relief as a court could and must follow the terms and conditions of the Agreement and this Dispute Agreement.

Governing Law.        You agree that all Disputes will be governed by the Federal Arbitration Act (FAA), applicable Federal Law, and laws of the State of Tennessee, without regard to conflicts of law principles.

 

No Class Action Matters. You and Bargain Hunt each agree that resolution of any Disputes, whether in court or in arbitration, will be conducted and resolved only on an individual basis and not in a class, consolidated or representative action, and that any relief awarded, including equitable relief, shall only be awarded on an individual basis.

 

Equitable Relief.  Notwithstanding anything to the contrary herein, you or Bargain Hunt may bring suit in court to seek an injunction, a declaratory judgment or other equitable relief arising out of or relating to claims related to the validity or enforcement of your or our intellectual property rights.

 

No Jury Trial; Choice of Law and Forum for Court Proceedings. If for any reason a  Dispute proceeds in court, other than for Disputes brought in a small claims court for qualifying claims, you and Bargain Hunt agree: (i) that any such Dispute may only be brought in a state or federal court in Antioch, Tennessee, to be governed by the FAA, applicable Federal Law, and the laws of Tennessee, without regard to conflict of law principles; (ii) to further irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts in Antioch, Tennessee; and, (iii) to waive any right to a trial by jury.

 

Severability. With the exception of the subsection entitled “No Class Action Matters”, if any part of this Disputes Section is ruled to be unenforceable for any reason, then the remaining provisions of this Disputes Section shall remain in force as if any portion ruled unenforceable were not included in this Disputes Section. If this Disputes Section is ruled to be unenforceable for any reason, then the subsection entitled “Disputes” shall no longer be enforceable, but the remainder of this Disputes Section shall remain in effect.