Policy Effective: November 16, 2021
Last Updated: November 8, 2022
We have developed this Privacy Policy (the “Privacy Policy” or “Policy”) to inform you how VCM Products, LLC (“Company” or “We”), collect, use, maintain, protect, and disclose information you submit or we collect from you.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. This Policy may change from time to time (see Changes to Our Privacy Policy). In most instances, your continued use of the website that links to this Policy (“Website”) after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
This Policy applies to information we collect:
- On the Website and other websites owned or operated by the Company.
- In email, text, and other electronic messages between you and our Website.
- Through interactions with advertisements and applications on third-party platforms, including but not limited to social media.
- Through offline collection practices.
- From any other sources that include links to this Policy.
Children Under the Age of 16
Our Website is not intended for, and should not be accessed or used by, children under 16 years of age. No one under age 16 may provide any personal information to or on the Website. While we may collect certain personal information relating to children, we do not knowingly collect personal information from children under 16 If you are under 16, do not use our Website, register on our Website, make any purchases through our Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 16, please contact us at 888-685-9610.
Information We Collect About You and How We Collect It
We may collect several types of information from and about you, including.
- Personal identifiers, such as name, postal address, e-mail address or telephone number.
- Consumer habits, such as purchasing history.
- Information about your internet connection, equipment used to access the Website, browser type, usage details, IP address or persistent electronic identifiers.
We may collect this information from the following sources:
- Directly from you when you provide it to us, such as:
- Information that you provide by filling in forms. This includes information provided at the time of registering for services or programs on our Website, entering a contest or promotion, subscribing to our mailing list or other services, posting material to one of our social media accounts, and/or requesting further services.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Details of transactions you carry out through our Website and of the fulfillment of payments. You may be required to provide financial information before registering for services on the Website or making any other payment through our Website. We use third parties, such as Shopify, to process payments for transactions and donations consummated through the Website. Please review Shopify privacy policy located at https://www.shopify.com/legal/privacy.
- Information collected through email, text, or other electronic messages.
- Information collected offline through our affiliates, service providers, vendors, and contractors including our employees.
- Through your online activity, such as browsing our Website, interacting with Website features such as forms, or clicking on our advertisements, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Information from tracking technologies, such as browser cookies, flash cookies, or web beacons.
- Details of website visits, such as traffic data, location data, logs, resources used to access the website.
- Information about the user’s computer and internet connection, such as IP address, operating system, or browser type.
- From third parties, such as service providers, vendors, contractors, advertisers, ad networks and servers, content providers, application providers or data brokers.
We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.
We may use cookies to personalize content and ads, to provide social media features and analyze site performance and traffic to enhance user experience. We also share information about your use of our site with our social media, advertising and analytics partners. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information .
How We Use Your Information
We may use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it, such as to fulfill orders or receive additional information.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To display advertisements to our target audiences through our various advertising channels.
- In any other way we may describe when you provide the information or for any other purpose with your consent.
Disclosure of Your Information
We may disclose personal information that we collect or you provide as described in this Privacy Policy:
- To our affiliates, employees and contractors. .
- To vendors, service providers, and other third parties we use to support our business including but not limited to Shopify.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information or with your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
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Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our products or invite you to create an account, you can opt-out by checking the relevant box located on the form on which we collect your information or at any other time by calling us at 888-685-9610. This opt out does not apply to information provided to the Company as a result of a purchase or transaction.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please call us at 888-685-9610.
Other Privacy Rights
Other jurisdictions, such as Virginia, Colorado, Utah, Nevada, and Connecticut, may provide their residents with additional privacy rights. If you are a resident of one of these jurisdictions and would like to exercise any of these rights, you may contact us as indicated below.
Data Security
We have implemented reasonable measures designed to protect the security, confidentiality, and integrity of your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.
Contact Information
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: 888-685-9610.
Grandpa Gus Messaging Terms & Conditions
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Grandpa Gus, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Grandpa Gus reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Grandpa Gus also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Grandpa Gus, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
You also agree to our Grandpa Gus Terms of Use and Grandpa Gus Privacy Policy.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Cancellation
Text the keyword STOP, CANCEL, or UNSUBSCRIBE to our phone number to cancel. After texting STOP, CANCEL, or UNSUBSCRIBE to our number you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, CANCEL, or UNSUBSCRIBE keyword commands and agree that Grandpa Gus and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Grandpa Gus through any other programs you have joined until you separately unsubscribe from those programs.
Help
Text the keyword HELP to our number to return customer care contact information.
Customer Care
If you are experiencing any problems, please visit https://www.grandpagus.com/pages/contact and submit the form with details about your problem or your request for support, or email support@grandpaguys.com
Contact
This message program is a service of Grandpa Gus, located at 512 E Riverside Drive - Ste 200 Austin, Texas, USA 78704.
Dispute Resolution
General
In the interest of resolving disputes between you and Grandpa Gus in the most expedient and cost-effective manner, you and Grandpa Gus agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Grandpa Gus or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Grandpa Gus or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Grandpa Gus ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions
Notwithstanding subsection 'General' above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Grandpa Gus to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator
Any arbitration between you and Grandpa Gus will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Grandpa Gus. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process
If you or Grandpa Gus intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Grandpa Gus address for Notice is: 512 E Riverside Drive - Ste 200 Austin, Texas, USA 78704.. Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Grandpa Gus will make good faith efforts to resolve the claim directly, but if you and Grandpa Gus do not reach an agreement to do so within 30 days after the Notice is received, you or Grandpa Gus may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Grandpa Gus must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees
If you commence arbitration in accordance with these Messaging Terms, Grandpa Gus will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Grandpa Gus for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Grandpa Gus agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Grandpa Gus made within 14 days of the arbitrator's ruling on the merits.
No Class Actions
YOU AND Grandpa Gus AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Grandpa Gus agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision
Notwithstanding anything to the contrary in these Messaging Terms, if Grandpa Gus makes any future change to this arbitration provision, other than a change to Grandpa Gus address for Notice, you may reject the change by sending us written notice within 30 days of the change to Grandpa Gus address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Grandpa Gus.
Enforceability
If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection 'Modifications to this Arbitration Provision' above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
