Privacy Policy

This Privacy Policy describes how Hacksmith Industries (referred to in this Privacy Policy as “Hacksmith” “we,” “us,” or “our”), as the operator of the websithttps://www.acksmith.com (the “Site”), and the services provided through the Site [and the mobile application] (the Site and these services constituting the “Service”), collects information when you visit or use the Service.   It also explains how we use and disclose the information we collect from you, and your rights in relation to that information.   By accessing, visiting or using the Service, you expressly consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy.   Please note that if you disagree with anything in this Privacy Policy, you must not use the Service.

1.  Information Collected through the Service.

A. Information You Directly and Voluntarily Provide to Us.  If you are a visitor to the Service, we may collect information that you provide to us when you communicate with any of our departments such as customer service or technical services.  You may also choose to provide your name and email address to us if you would like to receive additional information about the Service and the products and services that Hacksmith offers. If you sign up to become a registered user of the Service, you will be required to provide certain information as part of the registration process.  This information will include your first and last name, and email address.

B.  Information Automatically Collected Through the Service.  We may automatically collect information about you when you use the Service. For example, if you access the Service through a computer, we will automatically collect information such as your browser type and version, computer and connection information, IP address and standard web log information.  If you access the Service through a mobile device, we may also be able to identify the location of your mobile device.   You may choose not to share your location details with us by adjusting your mobile device’s location services settings.  For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

We may automatically collect information from you when you use the Service using “cookies” and other similar technologies, such as web beacons.  Cookies are small amounts of data that are stored within your computer’s Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time.

Information that may be collected by cookies when you use the Service may include, without limitation:

• the pages you visit within the Service;
• the date and time of your visit to the Service;
• the amount of time you spend using the Service;
• the Internet Protocol (IP) address used to connect your computer to the Internet; and/or
• your computer and connection information such as your browser type and version, operating system and platform.

You can set your browser to reject cookies or to notify you when you are sent a cookie. However, if you disable cookies you may not be able to log in to the Service or to use certain features of the Service. To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

C. Information Collected by Third Parties through Third Party Links and Content.  The Service may include links to other websites and other content from third party businesses.  These third party businesses may use cookies, web beacons or other similar technology to collect information about you.  Hacksmith does not have access to or control over these third parties or the cookies, web beacons or other technology that these third parties may use.  We are not responsible for the privacy practices of these third parties or the content on any third party website.  You are encouraged to review the privacy policies of the different websites you visit and of the advertisers whose ads you may choose to click on while using the Service (see Section 3 below for additional information about Online Advertising).  

D. Information Collected by Third Party Analytics Services.  We may work with third party analytics services to help us understand how the Service is being used, such as tracking the frequency and duration of use of the Service. We may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect information about your use of the Service. Google and these analytics services may use cookies to collect information about the content you view, what websites you visit immediately prior to and after visiting the Service, and your system information and geographic information. The information generated by these cookies about your use of the Service will be transmitted to and stored by the applicable analytics services. The information collected by these analytics services allows us to analyze your use of the Service.

E. Information You Share on Third Party Websites or through Social Media Services.  The Service may include links to third party websites and social media services where you will be able to post comments, stories, reviews or other information.  Your use of these third party websites and social media services may result in the collection or sharing of information about you by these third party websites and social media services. We encourage you to review the privacy policies and settings on the third party websites and social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those third party websites and social media services.

2. How We Use the Information We Collect.

We use the information we gather through the Service to help us better understand how the Service and our products and services are being used. By identifying patterns and trends in usage, we are able to better design the Service and our products and services to improve your experience.  We may also use this information to contact and communicate with you and to respond to your communications and requests. If you have provided your email address to us, we may email you about products and services that we believe may be of interest to you. If you wish to opt-out of receiving these emails from us, please follow the instructions contained in each email you receive from us which will allow you to opt-out of receiving further email marketing communications from us.

3. Online Advertising; Tracking.

Hacksmith and third party businesses may use the information collected through the Service using cookies, web beacons, and other similar technologies to help manage online advertising programs.  This information may enable us, as well as third-party advertising services and other third-party businesses to track the actions of users online over time and across different web sites or platforms to measure statistics relating to marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience. For information about how tracking works for online advertising purposes, and what happens when you elect a do-not-track option, visit http://www.aboutads.info/choices.  In addition, some third party businesses may provide a mechanism to opt-out of their technology.  For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at: http://www.networkadvertising.org/managing/opt_out.asp.

Do Not Track:  Your browser may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit.  However, Hacksmith will not disable tracking technology that may be active on the Service in response to any “do not track” requests that we receive from your browser.

4. How We Share Your Information with Third Parties.

We do not sell or rent user information we collect through the Service to any third parties for their own marketing purposes. In the event Hacksmith wants to sell or rent your information to third parties for their own marketing purposes in the future, we will notify you and you will have an opportunity to affirmatively opt-in to receiving these third party marketing communications. Hacksmith does share your information with third parties in some circumstances as follows:

A. Employees, Third-Party Processors and Third-Party Service Providers. We will disclose your information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers (“Service Providers”) who provide certain services to us or on our behalf, such as operating and supporting the Service, analyzing data, or performing marketing or consulting services.  These Service Providers will only have access to the information needed to perform these limited functions on our behalf.

B. Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, we will disclose your information to government authorities or third parties if: (i) required to do so by law, or in response to a subpoena or court order; (ii) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (iii) we believe that you have abused the Service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

C. Business Transfers; Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your information and other information we have collected from users of the Service to third parties.  Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

D. Aggregate Information.  We may share information relating to users of the Service with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.

E. Our Affiliates.  We may share some or all of your information with our parent company, subsidiaries and corporate affiliates, joint venturers, or other companies under common control with us.  If you opt-in to receive marketing communications from third parties, we may permit these entities to use your information for their own marketing purposes. If you would like us to stop providing your information to our affiliates for their own marketing purposes, you may opt-out by emailing us at ________.

5. Children Under Age 13. The Service is not intended for children under age 13, or for anyone under age 18 or the applicable age of majority without involvement of a parent or guardian.  We do not knowingly collect or distribute personal information from or about children under the age of 13.

6. Security.  We implement industry standard security measures intended to protect against the loss, misuse and alteration of the information under our control. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Hacksmith cannot guarantee or warrant the security of any information you transmit on or through the Service and you do so at your own risk.

7. Amendments to this Privacy Policy. We will notify you of material changes to this Privacy Policy by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes.  If you do not agree to the changes, you should discontinue your use of the Service prior to the time the modified privacy policy takes effect.  If you continue using the Service after the modified privacy policy takes effect, you will be bound by the modified privacy policy.

8. Use of Information Outside Your Country of Residence.  If you choose to use the Service or provide your information to us, your information may be transferred to, processed and maintained on servers or databases located outside of the country or jurisdiction where you are located.  Your agreement to this Privacy Policy followed by your submission of information through the Service represents your consent and agreement to these practices.  If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use the Service.

9. Accessing, Changing and Managing Your Information.  You may request changes to the user information you have provided to us by contacting us at ________.  Following receipt of a request from you, we will take reasonable steps to update, correct or delete your information as requested.

10. How to Contact Us.  Please also feel free to contact us at ________ if you have any questions about this Privacy Policy.

POLICY FOR DIRECTORY MEMBERS

The following terms and conditions constitute a legally binding contract (the “Agreement”) that governs the Hacksmith Subscription Services (“Subscription Services”) provided by Hacksmith, Inc. (“Hacksmith”, “we”, “our”) to you (“you” or “yours”).

The Subscription Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. We also have other policies and procedures including, without limitation, Terms of Service, Privacy Policy, Return Policy, and others. Those policies contain additional terms and conditions, which apply to the Subscription Services and are integral part of this Agreement. YOUR USE OF THE SUBSCRIPTION SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT AND OUR TERMS OF SERVICE.

If you use our Subscription Services only for your personal use, you are considered a "User". If you use Subscription Services to execute orders or deliver Products to third parties (including your customers or “Customers”), you are considered a "Merchant".

1. Access and eligibility

Subscription Services are available to Users and Merchants who have registered their accounts by truthfully filling out all required personal information and become members. You agree to take full responsibility for your selection and use of the Subscription Services. This Agreement is void where prohibited by law, and the right to access or use the Subscription Services is revoked in such jurisdictions.

Hacksmith may change, modify, suspend or discontinue the Subscription Services, fees, charges, terms at its own discretion at any time, including the availability of any feature or content. Hacksmith may also impose limits on certain features or restrict your access to parts or all of the Subscription Services without notice or liability.

2. Subscription Services

Subscription Services are additional services and software Hacksmith provides to the Users and Merchants in a form of subscription. You can find the features, software and content included in the Subscription Services on our website https://hacksmith.com/. We reserve the right to modify, terminate or otherwise amend our offered features, softwares, subscription plans and promotional offerings at any time.

The Subscription Service requires payment before you can access it (“Directory Membership”). Hacksmith at its own discretion may offer multiple types of Directory Memberships and reserves the right to modify, terminate, or otherwise amend features included in any of the Directory Memberships at any time. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Subscription Service. We are not responsible for the products and services provided by such third parties.

You can choose between a quarterly or yearly subscription to Subscription Services. When you purchase your selected Directory Membership, you will have access to any Subscription Service item or content currently available within that Directory Membership for the period you have chosen for your Directory Membership. We may decide to periodically update the Subscription Services features, software and/or content made available in the Directory Membership, and some Subscription Services features, software and/or content may either become unavailable or be made available for free when this happens.

3. Using the Subscription Services

The Subscription Service and any feature, software or content that is made available through the Subscription Service (the “Content”) are the property of Hacksmith, Hacksmith's licensors or third parties. We grant you limited, non-exclusive, non-transferable and revocable permission to make use of the Subscription Service, and limited, non-exclusive, revocable permission to make personal use of the features, software and Content (collectively, “Access”). This Access shall remain in effect until and unless your Directory Membership terms ends and/or Access is terminated by you or Hacksmith.

Upon termination of this Agreement any copyrights vested in the Content shall remain with Hacksmith, Hacksmith's licensors or third parties. When the Access has been terminated, all licenses and permissions granted hereunder shall automatically terminate and you shall immediately cease your use of the Content, including but not limited to the use of the Content on any products we print and dropship for you and/or on your behalf. It is your responsibility to ensure that such unauthorized use of the Content will not happen. Hacksmith also reserves the right at our sole discretion to (a) request you to immediately remove any such misused Content, (b) limit, suspend or terminate your account, (c) take technical and legal steps to keep you off the Site; and (d) charge you for any damages and losses arising out of such unauthorized use.

You are solely responsible for keeping your account password secure so that no third parties apart from you have access, use and utilize the Subscription Services. You must notify Hacksmith immediately of any breach of security or unauthorized use of your account.

You also agree (a) not to violate any laws in connection with your use of the Subscription Services; (b) not to interfere with or try to disrupt our Subscription Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their products; and (c) copy, sell, lease or otherwise provide access to Subscription Services to any third party.

4. Directory Membership term and payments

Your Access and Directory Membership begins as soon as your initial payment for Subscription Services is processed (except if you change the type of your Directory Membership).

Your Directory Membership will automatically renew each month or year depending on the term you have chosen without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month or year until you cancel. We will automatically charge you the then-current rate for your Directory Membership and applicable taxes (such as but not limited to sales taxes, VAT or GST if the Directory Membership fee does not include it), every month or year upon renewal until you cancel.

We may change the Directory Membership’s rate, and we will notify you of any applicable rate change with the option to cancel. Subject to applicable law, you accept the new price by continuing to use the Subscription Services after the price change takes effect. If during the term of your Directory Membership the applicable sales tax, VAT, GST rate or any other tax or duty changes, we will adjust the tax-inclusive price for the Directory Membership accordingly on your next billing date.

You may cancel your Directory Membership at any time; however, there are no refunds for cancellation, and you understand and agree that you shall receive no refund or exchange for any unused time of Subscription Services according to the chosen preferences (either a quarterly or a yearly Directory Membership regardless of the type of the Directory Membership
or any changes to it thereof).

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