PRIVACY POLICY
This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, or other details to help you with your experience.
When do we collect information?
We collect information from you when you place an order or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, surf the website, or use certain other site features in the following ways:
To quickly process your transactions.
To follow up with them after correspondence (email or phone inquiries)
Operational Uses. We process your personal information as part of our business activities and operations for the purposes and on the bases indicated below:
|
Purpose |
Legal Basis |
|
Management of your customer account on our Services |
Performance of the Terms and Conditions of our Services |
|
Management of our commercial relationship (delivering services and products, management of orders, etc.) |
Performance of the Terms and Conditions of our Services |
|
Management of customer requests and complaints |
Our legitimate interest in responding to our customers requests and complaints |
|
Operating, maintaining, and improving the quality and security of the Services and such content, products and/or services as we may make available through the Services |
Our legitimate interest in operating, maintaining, and improving the quality and security of the Services and such content, products and/or services made available through the Services |
|
Management of litigation and disputes |
Our legitimate interest to enforce our rights, those of our customers and partners in the context of litigation and disputes |
|
Management of requests from authorities |
Compliance with a legal obligation |
Marketing Uses. As part of our marketing operations, we process your personal information to send messages to you about us, our partners, and the products and services we offer, which may from time to time include contests, rewards, events, and special offers for products and services. These communications may be tailored based on the communications preferences you select when providing us with your information or your activity on the Services, such as an abandoned cart, and is based on your prior consent, if such consent is required in accordance with applicable laws.
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
- Help remember and process the items in the shopping cart.
- Understand and save user's preferences for future visits.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some features will be disabled. It won't affect the user's experience that make your site experience more efficient and may not function properly.
However, you will still be able to place orders .
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
SMS
In addition, commercial electronic messages (including emails, SMS, MMS and text messages) will not be sent to persons in Canada unless they have provided explicit consent to receive such messages, or we have implied consent to send such messages pursuant to applicable legislation. However, we may still send transactional messages as permitted under applicable laws.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions
- Process orders and to send information and updates pertaining to orders.
- Send you additional information related to your product and/or service
To be in accordance with CANSPAM, we agree to the following:Not use false or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way.
Include the physical address of our business or site headquarters.
Monitor third-party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at:
online@mudsweatandgears.ca and we will promptly remove you from ALL correspondence.
Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the information below.
online@mudsweatandgears.ca
More About Email and Postal Addresses
If you supply us with your e-mail and/or postal addresses, and do not specify otherwise, you may receive periodic messages from us with information on new products, services or upcoming events.
If, later, you decide you no longer wish to receive such messages, you may let us know by sending an e-mail, calling or writing us. To ensure we correctly identify you (many names are similar), please be sure to include your complete name and address and all e-mail addresses that may be associated with your record. This helps us accurately locate your information in our file. Such information will only be used to comply with your request.
If you would like to see your contact information we have on file, please stop in or let us know to what address you'd like us to send a copy.
Conditions of Use
Welcome and thank you for visiting this site (the "Site"), which is owned and operated by Mud Sweat and Gears (collectively, "Mud Sweat and Gears", "Us" or "We"). These Terms of Use ("Terms") are provided by Mud Sweat and Gears and are applicable to all Mud Sweat and Gears operations at or through our Websites, our mobile/tablet sites, our social media presence, our applications, and our stores/locations. The Site is the property of Mud Sweat and Gears, and We provide these Terms subject to the following conditions.
Mud Sweat and Gears’s Website Terms of Use
For information on privacy issues please also see our Privacy Policy.
By accessing our Website, mudsweatandgears.ca you, the user, agree to the terms and conditions set out here. These terms and conditions may change at any time, and without notice. All orders and purchases made through this site are also governed by these terms and conditions. By using mudsweatandgears.ca you signify your acceptance of these Terms and Conditions.
Use of and orders placed on this website are governed by the laws and the courts of the province of Alberta, and by the applicable laws of Canada. The user is also responsible for complying with these laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
We will use commercially reasonable efforts to deliver items as quickly as possible, and within any time indicated. However, We are not responsible for delivery delays beyond our control. All items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses.
Copyright Considerations
All text, graphic content, video, audio on this site, its organization and presentation, and our organization and domain name are the property of Mud Sweat and Gears, and are protected under the copyright laws of Canada and other countries. The materials on this site may not be copied, reproduced, posted, displayed, distributed, sold, transferred or modified in any way without the express written consent of Mud Sweat and Gears. They may be downloaded, displayed, or printed by the user for non-commercial and lawful personal use only. The republication or use of these materials on any other Website without prior written consent is prohibited, and all rights are reserved.
The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of Mud Sweat and Gears and others, and use of them is prohibited.
Images of people used on this site are used with permission or in accordance with applicable law. Reuse of them without permission may violate the privacy and publication rights of those persons.
Use
The mudsweatandgears.ca website is not intended for use by children under the age of 13. Use of the mudsweatandgears.ca Website is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to Mud Sweat and Gears and without any liability whatsoever, We may, at any time and without notice terminate or restrict your access to any component of mudsweatandgears.ca.
Mud Sweat and Gears reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Mud Sweat and Gears believes that customer conduct violates applicable law or is harmful to the interests of Mud Sweat and Gears or any Third Parties.
All sizes quoted are approximate. Some items shown may require assembly.
Username and Password
Your mudsweatandgears.ca website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Mud Sweat and Gears representative. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property of Mud Sweat and Gears, and may be cancelled or suspended at any time by Us without any notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Us of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
User Provided Content
Mud Sweat and Gears enables visitors to mudsweatandgears.ca to provide Us with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant Us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Us the right to use the name you submit with the Customer Content, if any, in connection with Mud Sweat and Gears's rights hereunder.
By submitting content, users warrant that they have full right and authority to submit that content, and that they have sole copyright and proprietary right over that content. Users may not contribute, post or transmit unlawful, defamatory, indecent, profane or threatening material, that which would constitute or encourage criminal offenses, or violate any law. We reserve the right not to publish, or to remove, any content We deem inappropriate for any reason whatsoever.
Your email or any other personal information you provide in connection with your feedback may be used to contact you regarding the information you have provided as well as for administration and/or other purposes as outlined in the Terms and Conditions.
Liability
This Website should be accessed and used at your own risk. Though reasonable efforts have been made to ensure the Website is current and contains no inaccuracies or errors, no guarantees are made that the Website's content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, We will correct it as soon as possible and make reasonable efforts to notify affected users.
We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, garbled, or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.
Mud Sweat and Gears and our directors and employees are not liable for any damages arising out of or related to access to or use of our site, or sites We link to, whether or not these damages are foreseeable and whether or not We have been advised of the possibility, including, without limitation, direct, indirect, special, consequential, incidental or punitive damages.
In no event shall Mud Sweat and Gears or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of mudsweatandgears.ca or content found herein, the operation of the Web site, or any failure or delay in the operation of the Website (including, but not limited to the inability to use any component of mudsweatandgears.ca for purchases) even if advised of the possibility of damages.
Indemnification
You shall indemnify and save harmless Mud Sweat and Gears and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of mudsweatandgears.ca.
This agreement between Mud Sweat and Gears and you, the user, supersedes all prior agreements and understandings pertaining to this subject matter.
Periodic Updates
The internet is an ever-changing beast, please check back here for any updates or revisions to our privacy policies, we value your business and your privacy.
Thanks for shopping with Mud Sweat and Gears.
