Effective Date: September 10, 2018
Criticality, LLC appreciates your interest in our products. Our website, www.www.criticalitync.com (“Website”) is an important means of providing you with information and services, and we are committed to complying with all applicable privacy laws and other statutes and regulations.
By accessing and using the Website, you agree and certify that you have read, understand, and agree to this statement of our Website Privacy Notice and Terms and Conditions (“Notice”), whether or not you are a registered account (“Account”) holder (all users, whether or not registered Account holders, are referred to as “you” or “Users”). The Website is owned, operated, and administered by Criticality, LLC (the “Company”, “we” or “us”).
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of this Notice at any time without further notice and such modifications are, unless otherwise stated in this Notice, effective immediately. If this Notice is modified, such changes shall be posted on the Website and Company will make reasonable efforts to bring any modifications to the attention of User at the time of User’s access of the Website via a homepage banner or other noticeable mechanism indicating that updates have been made. Your continued use of the Website after any such changes constitutes your acceptance of the revised Privacy Notice. If you do not agree to this or any future Notice, you shall not use or access (or continue to use or access) the Website.
We understand that you value the privacy and security of your personal information. We have implemented commercially-reasonable measures designed to keep your personal information safe from unintended disclosure. Despite our efforts, however, factors beyond our reasonable control, such as a malicious breach or attack, may result in disclosure of your personal information. Accordingly, we not in a position to guarantee that your information will be secure under all circumstances and we offer no warranties or representations with regards to the maintenance or non-disclosure of your information.
All registered Accounts are password protected. When you register and create an Account, you must choose a unique username and password. You agree not to disclose your username or password to any other person nor permit any other person to use your Account, username, or password. Furthermore, you are solely responsible for maintaining the confidentiality of your username and password. You shall immediately notify us if you have any suspicion that an unauthorized party is accessing an Account. We will never ask for your password or personal information in an unsolicited phone call, email message, or other communication. If someone claiming to be us calls you or sends you a message requesting your password or personal information, that person is not authorized by us to do so, and you should decline to disclose the information and then contact us immediately. You are solely liable for all activity, whether or not authorized by you, which occurs under your Account or password.
Information we collect AND DO NOT TRACK SIGNALS — All Users
Information we collect — Registered Account Holders
In addition to the information we collect from all Users, we collect both personally identifiable information and other information that is not personally identifiable about our registered Account holders. Our registered Account holders are asked to give us personally identifiable information such as name, postal address, e-mail addresses, telephone number, a username and password, payment information, and product purchase history when registering for an account in order to order products from us.
It is your option to provide the information requested, but declining to provide us with information may prevent you from becoming, or remaining, a registered Account holder or from ordering products from us.
USE OF INFORMATION AND Information sharing
We use the information we collect from our Users and registered Account holders to tailor and personalize our marketing, products and services, and to continually improve the Websites. We may use the information we collect to request your participation in surveys and promotions, and we may send you product information, updates, special offers, or other marketing communications. If you no longer wish to receive these kinds of communications from us, you may opt out at any time by contacting email@example.com and indicating your opt out preferences.
The information we collect may be stored, processed, and passed on to our affiliates. We may also share your information with third parties, such as service providers, direct marketing companies or our joint marketing partners.
The reasons we may share your information with third parties include processing your transactions; maintaining your accounts; and responding to legal investigations. We may also share your name, address, email address, and product purchase history with third parties to offer products and services to you; to jointly market products and services with other companies; to market our affiliates’ products and services to you; and to market nonaffiliated third parties’ products and services to you. Our “affiliates” are all interest holders in Criticality, LLC, as well as entities that we have a majority ownership interest in or otherwise control, entities that control us, and entities under common control, including specifically Pyxus International. If you have questions or would like to know more about how we share our information with third parties for marketing purposes, please contact us at firstname.lastname@example.org. If you are a resident of California, you have the right to request information regarding the disclosure of your personal information by Criticality to third parties for direct marketing purposes during the prior calendar year. Please contact us at email@example.com if you would like to make such a request.
We may also use, share, or transfer your personally-identifiable information and non-personally-identifiable information as required or permitted by applicable law. You agree to provide valid, accurate, and complete information as requested and to keep all such information complete and current.
PERMITTED USERS; ACCOUNT TERMINATION
Registration and use of the Website is void where prohibited. Our Website is not intended for use by anyone other than residents of the United States of America and entities organized under the laws of the United States of America. Residents and entities of jurisdictions other than the United States of America understand that this Website may not comply with all laws of other jurisdictions, and agree that only the laws of the United States of America will be deemed applicable.
Our website is not intended for use by anyone under the age of eighteen. Persons under the age of eighteen are not permitted to become registered Account holders.
Our Website is not directed at children under the age of thirteen and we do not knowingly collect information from children under the age of thirteen through the Websites. If we become aware that we have inadvertently received information from a visitor under the age of thirteen through the Website, we will delete the information from our records.
Some links on our Website may take visitors to third-party sites that are directed at children in whole or in part. We are not responsible for those third parties nor their collection and use of children’s information. We encourage you to read the privacy statements of any third-party sites you visit, whether linked from our Website or otherwise.
We, in our sole discretion, may delete any registered Account, data or content with or without notice to you, and without any liability to you. We reserve the right to permanently block any User or registered Account holder who violates this Notice. Even after termination of an Account, we may retain User or Account holder information, data, and content for business or legal purposes.
Our Website may contain links to other websites which are not owned or controlled by us. If you follow a link to a third party’s website, we do not assume any liability for the performance, quality, accuracy, timeliness, reliability, or any other aspect of products or services on any other website, and can make no representation or warranty with regard to such third party sites. We are not responsible for third parties’ legal or privacy policies, nor for their processing of personal data.
ownership and access
Subject to your compliance with this Notice, we grant you a limited, revocable license to access and make personal use of the Website. You shall not modify the Website and shall not reproduce, duplicate, copy, sell, or resell the Website, any portion thereof, or any products, services, or other content on this Website. This limited license does not include any resale or commercial use of the Website or its products, services, or other content; any derivative use of this Website, its products, services, or other content; or any use of robots or other data mining, gathering, and extraction tools.
You may upload or provide us with messages, personal information, personally-identifiable information, and other content (collectively, the “content”) on or through the Website via our customer support platforms. You understand and agree that we may, but are not required to, review and delete, without notice, any content that, in our sole judgment, violates this Privacy Notice and Terms and Conditions of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of you or others. By providing any content to us or through the Website, you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, transmit and distribute such information and materials, and you further agree that we are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide through the Website.
You understand and agree that all content and other personal information that you supply to us will be stored in and accessible from locations within and without the United States of America, for the purposes set forth herein, and may be subject to production or disclosure requirements by United States authorities in accordance with applicable United States laws.
We may from time to time provide “Interactive Services” on or through our Website, including, without limitation, allowing users to post publicly-visible comments or product reviews. You should never send or post proprietary, sensitive, or secret information to or through the Website. Such information goes beyond the information covered by this Notice, and we will not be responsible for collecting, protecting, or reviewing it.
You agree that you will not provide any information or materials to us that are abusive, untrue, deceptive, defamatory, threatening, obscene, harassing, or otherwise unlawful, or that infringes upon or incorporates the proprietary material of another. Where we do provide any interactive service, we will have no duty to monitor the use of the Interactive Services nor will we have any duty to moderate the Interactive Services. We are not responsible for the actions or inactions, or statements or omissions, of any other person or entity in connection with the Interactive Services. We reserve the right to remove any content from the Interactive Services, regardless of its source, at our sole and uncontrolled discretion, but we will have no obligation to do so.
LIABILITY AND INDEMNITY
You, the User, agree that use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis, except as otherwise prohibited by applicable law. We expressly disclaim any representation or warranty of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property. We do not guarantee any specific results from use of the Website. No advice or information, whether oral or written, from or through use of the Website shall create any representation or warranty not expressly stated herein. We assume, and shall have, no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your communications, Data, or Content. We are not liable for any problems or technical malfunction caused by any of the equipment or programming associated with or utilized by the Website. Except in jurisdictions where such provisions are restricted, in no event shall we be liable to you or any other person, entity, or organization for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from or in any way related to your use of the Website, your purchase or use of any of the products or services offered, advertised, or sold through the Website, or any of the Website content or other materials, even if arising from our negligence and even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause of action, claim, or liability whatsoever, and regardless of the form of the cause of action, claim or liability, shall at all times be limited to the amount paid, if any, by you directly to us for the specific product or service which is the subject of the claim, but in no event shall our liability to you exceed the actual amount you have paid directly to us. You acknowledge that if no fees are paid to us by you for any product or service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from us, regardless of the cause of action.
You, the User, agree to defend, indemnify, and hold us harmless from and against any and all loss, damage, claim judgment, demand, liability, or expense (including reasonable attorneys’ fees and expenses), in any way related to, arising out of, or connected with: (i) your content or data; (ii) your use of the Website; (iii) your providing of false, inaccurate, misleading, or fraudulent Data or other information to us; (iv) your connection to the Website; (v) your violation or breach of this Notice; (vi) your violation or breach of any representation or warranty made by you to us; (vii) your violation or breach of any third party right, including without limitation, any intellectual property right, defamation, breach of confidence, or privacy right; or (viii) any claim that your content caused damage to a third party. Your obligations shall survive the termination of your Account and the termination of your use of the Website. You are solely responsible for his/her/its actions, and the actions of its agents, when using the Website.
In the event that we are acquired by or merged with any third party entity (including the sale of substantially all of our assets or of substantially all of any business unit), we reserve the right, in any of these circumstances, to transfer or assign your content, data, personal information, and the licenses obtained from you. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used. You understand this and agree to hold us harmless in such circumstances.
ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS
You hereby represent, warrant, acknowledge, and agree that accessing and using the Website and/or the products or services offered or provided through the Website constitutes your agreement to the terms and conditions of this Notice, and that this Notice is valid, has full legal effect, is enforceable, and is binding on you as if this Notice was any other duly executed paper agreement. Any person, entity, association, agency, or organization is entitled to rely upon the validity, legal effectiveness, and enforceability of this Notice without the need for a handwritten signature from you. You acknowledge and agree that if you desire a paper copy of this Notice, you may print a copy from the Website. You hereby consent to use electronic means to receive and consent to this Notice.