Martone Cycling Co.
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PRIVACY NOTICE

Effective: February 1, 2013

Martone Cycling Company, LLC, (“MCC”) is concerned about your privacy and we provide this privacy notice (“Notice”) to inform you of our policies and procedures regarding the collection, use and disclosure of personal information and data we receive from users of the website we own and operate, namely www.martonecycling.eu ("Site"). This Notice applies only to information collected through the Site.

By visiting this Site, you are accepting the policies and practices described in this Notice, as such Notice may be amended from time to time. Each time you visit the Site, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Notice.

To be clear about the terminology we are using, when we use the phrase "Personal Information" in this Notice, we mean information about you that is personally identifiable, like your name, address, e-mail address, billing information, or phone number, as well as other non-public information that is associated with this personal information. When we use the phrase "Anonymous Information" in this Notice, we mean information that is not personally identifiable, or linked to your Personal Information such as aggregated information, general demographic information and IP addresses. Anonymous Information does not enable identification of individual persons.

IF YOU ARE A USER ACCESSING THE SITE FROM THE EUROPEAN UNION, ASIA, OR ANY OTHER REGION WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM UNITED STATES LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITE, WHICH ARE GOVERNED BY UNITED STATES LAW, THIS PRIVACY NOTICE, AND OUR TERMS OF USE, YOU ARE TRANSFERRING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSFER. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSFERRED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE PROCESSING OF PERSONAL INFORMATION IN YOUR COUNTRY.

1. The Information We Gather

We collect information about you in a number of ways:

We collect and maintain information that you voluntarily submit to us during your use of the Site. For example:

  • when you purchase merchandise through the Site, you may provide us certain information including your name, email address, physical address, screen name and/or password, billing information or other information we may require;
  • you may provide us with Personal Information in the course of changing, cancelling or checking on an order; and
  • if you purchase merchandise through the Site, we or a third party vendor may collect payment and/or credit card information on our behalf.

You may choose not to provide us with certain information, but this may stop you from gaining access to a portion of the Site or limit the features that you can use.

You may request data deletion. You may request that any personal data we receive from you be deleted from our database. Please review the section below on Your Choices for further information on data deletion.

As you use the Site, certain information may also be passively collected. Through technologies like cookies, pixels, beacons and log files, we may collect information about how you use the Site. Please see the sections below on Cookies and Log Data for more information.

2. How We Use Your Information

We will use your Personal Information in the ways described below or described at the time that the information is collected.

In general, we use your Personal Information as necessary or appropriate to:

  • register you and provide you with an account to make purchasing merchandise through the Site easier;
  • respond to your inquiries or requests that you direct to us;
  • send communications and administrative emails about the Site;
  • send you promotional/marketing information, newsletters, offers or other information from us;
  • provide you with opportunities that we think would be of particular interest to you;
  • improve the quality of the Site, and
  • contact you regarding your survey responses, or your promotion, sweepstakes or contest entry;

Log Data. When you use the Site, our servers automatically record information from your browser ("Log Data"). This Log Data may include information such as your computer's Internet protocol address (more commonly known as an IP address), browser type, the webpage you were visiting prior to your arrival at the Site, the pages of our Site that you visit, the time spent on those pages, access times and dates, and other statistics as well as the unique identifier for your computer, mobile phone or any other electronic device used to access the Site. We use this information to monitor and analyze use of the Site, for their technical administration, to increase their functionality and user-friendliness, and to better tailor them to the needs of our Users. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information.

Cookies: Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your browser for record-keeping purposes. We use cookies for two purposes. First, we may utilize persistent cookies to save your registration information. Second, we utilize session ID cookies to better understand how you interact with the Site and to monitor aggregate usage and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions or functionalities of the Site. Any Personal Information gathered through the use of cookies is subject to the same efforts to protect your privacy as outlined above.

3. How We Share and Disclose Information

We know how important it is to keep the information you've entrusted to us confidential. We will not rent, sell or share your Personal Information with third parties except as specifically approved or under the circumstances described below. If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Notice, you should not use the Site.

Users. Any information you choose to provide should reflect how much you want MCC and third parties to know about you. We recommend that you guard your anonymity and Personal Information and we encourage you to think carefully about what Personal Information you disclose in your profile pages and in any forums or any other part of the Service.

Service Providers. We may employ third party companies and individuals to facilitate or enhance our Site or to perform tasks (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site) or to assist us in analyzing how our Site is being used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Affiliate Site. When you access a website or communicate with or use an application (mobile or otherwise) operated by any entity other than us (e.g., a social networking site like Facebook or Twitter), we call that website or service an Affiliate Site. Unless we clearly indicate otherwise at the time of collection, we do not share Personal Information with Affiliate Sites. Please be aware however that our Affiliate Sites may collect information about you. By the mere virtue of your presence on the Affiliate Site, the Affiliate Site may be able to collect information about you and/or the way you interact with the Affiliate Site. There may be a specific privacy policy on any such Affiliate Site. Please see the Affiliate Site’s privacy policy to better understand what information is collected, how it is used and shared, and your choices regarding control.

Aggregated, Anonymous Information. We may share aggregated Anonymous Information about you with third parties. Aggregated information is your Anonymous Information that is combined with the Anonymous Information of other users and does not allow you to be identified or contacted. Depending on the circumstances, we may or may not charge third parties for this aggregated information, or limit the third parties' use of the aggregated information.

Compliance with Laws and Law Enforcement. We will disclose any information about you to government or law enforcement officials or private parties as we in good faith believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to comply with applicable laws, to protect the property and rights of Electric Zoo, you or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Within our Company; Changes to our Company. We may share all or some of your Personal Information with any of our subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Notice. Additionally, in the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Notice, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your Personal Information as set forth in this Notice.

Online Surveys/Sweepstakes and Contests.

From time to time, we may conduct online surveys and offer online surveys, sweepstakes or contests on the Site (each, a "Promotion"), and we may collect Personal Information in connection with the same. We may use your Personal Information to contact you regarding your Promotion entry, or to contact you if you win a Promotion (if applicable). You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about our use of your Personal Information. To the extent such rules conflict with this Notice, such rules will govern that particular Promotion.

4. Forums, Message Boards and Chats

We may make message boards, chat rooms, and other interactive forums (the “Interactive Forums”) available as part of the Site. You should be aware that any information which you post to these Interactive Forums or otherwise choose to make publicly available, including your Personal Information, may be disclosed and available to all users who have access to the Interactive Forums, and is therefore no longer private and confidential. You should be aware that any Personal Information you submit in the course of these public activities can be read, collected, or used by other users of these Interactive Forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these Interactive Forums. If you post a video, image or photo on an Interactive Forum for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. By using these Interactive Forums, you agree that we are not responsible for any information that you disclose or communicate in such forums, and any disclosures you make are at your own risk. Please be thoughtful about what you post and make publicly available through the Interactive Forums. We may maintain copies of any information you post indefinitely, or delete certain information in whole or in part if we determine, in our sole discretion, that such information constitutes an infringing or a prohibited posting as described in our Terms of Use or for any or no reason. You are solely responsible for your interactions with others you interact with on any Interactive Forum. You understand and agree that we do not screen our users, nor do we inquire into the backgrounds or attempt to verify the statements of our users, except as provided for herein with respect to children less than 13 years of age. You agree to take reasonable precautions in all interactions with other users of the Interactive Forums. You should not provide financial information (for example, your credit card information or bank account information) to other users of the Interactive Forums.

5. Children's Information

The Site is not directed or intended for children under 13 years of age. We do not knowingly collect or solicit Personal Information from individuals under 13 years of age. No one under age 13 may provide any Personal Information to or on the Site. If you are under 13 years of age, you should not register or provide Personal Information through the Site. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user's Personal Information from our systems. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at europe@martonecycling.com

We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the internet and we encourage parents to teach their children about safe internet use practices.

If you believe that we might have any information from a child under age 13, please contact us via email at europe@martonecycling.com.

6. Social Media and Online Engagement

We use a variety of new technologies and social media options to communicate and interact with our users. These sites and applications include popular social networking and media sites. To better engage the public in ongoing dialog, we use several third-party platforms including, but not limited to, Facebook, Twitter, and Pinterest (the “Third-Party Websites and Applications”) are Web-based technologies that are not exclusively operated or controlled by us. When interacting with the MCC presence on those websites, you may reveal certain Personal Information to us or to third parties.

Facebook. On the Facebook.com/ Martone Cycling Co. page, our staff posts news and other items of interest to individuals. If you have a Facebook account or 'Like' Facebook.com/ Martone Cycling Co. page, you can post comments or click on the 'like' option for individual entries. If you comment or click on the 'like' button, Personal Information may be visible to us, Facebook and other Facebook website visitors. The amount of visible Personal Information will depend on your own Facebook privacy settings. You can completely avoid displaying any Person Information by not creating an account, not posting comments and not clicking on the 'like' options in Facebook. We do not collect, use or disclose any information about visitors who comment or 'like' the Martone Cycling Co. Facebook website. Facebook collects and reports on Anonymous Information about activities on Facebook pages. The Facebook privacy policy is available at: http://www.facebook.com/about/privacy/.

Twitter. We may use Twitter to send short messages or “tweets” to share information about us with visitors and respond to comments and inquiries sent via Twitter to us. While visitors may read our Twitter feeds without subscribing to them, visitors who want to subscribe to (or follow) our Twitter feeds must create a Twitter account at www.twitter.com. To create an account, you must provide some Personal Information, such as name, user name, password and email address. Most information you provide for a Twitter account is available to the public, but you can modify how much of your information is visible by changing your privacy settings at the Twitter.com website. We may monitor the number of subscribers and respond to comments and queries via Twitter, but we never takes possession of the Personal Information belonging to Twitter followers. We do not collect, maintain, disclose or share any information about people who follow Martone Cycling Co. on Twitter. The Twitter privacy policy is available at: http://twitter.com/privacy.

7. Other Third Party Links

The Site may provide link to websites operated by third parties that we do not control, including the Third Party Websites and Applications described above. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Notice applies solely to information collected by us through the Site and does not apply to these third party websites. The ability to access information of third parties from the Site, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations or their content.

Google Analytics. This Site may use Google Analytics, a website analysis service by Google Inc. (“Google”). Google Analytics uses "cookies" to analyze your use of the Site. The information generated by the cookie about your use of the Site is sent to and stored at a Google server in the U.S. Google will use this information to evaluate your use of the Site, to compile reports on Site activities for website operators and to provide other services related to Site and internet activities. Google will not associate your IP address with any other data held by Google. You can prevent the installation of cookies by adjusting the settings of your browser; however, if you do so, you might be unable to use all features of this Site. Further, you can prevent the collection of data generated by cookies and related to the use of this websites by downloading and installing the “plug-in” under the following link: http://tools.google.com/dlpage/gaoptout.

Google AdSense. This Site may use Google AdSense, a Google service to embed commercial information. Google AdSense uses "cookies" to analyze the use of the Site. Further, Google AdSense also uses web beacons (invisible images). These web beacons help to process information, such as visitor traffic, on this Site. The information generated by cookies and web beacons about your use of this Site (including your IP address) is sent to and stored at a Google server in the U.S. Google may also transfer this information to their contractual partners. However, Google will not associate your IP address with any other data stored at Google. You can prevent the installation of cookies by adjusting the settings of your browser; however, if you do so, you may be unable to use all features of this Site. By using this Site you agree to the processing of the collected information by Google, according to the above mentioned purpose.

8. Security and Data Retention

MCC is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Although "guaranteed security" does not exist either on or off the Internet, we make commercially reasonable efforts to make the collection and security of such information consistent with this Notice and all applicable laws and regulations.

We will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws and your consent to such purpose remains valid after termination of our relationship with you.

9. Your Choices

Remember, you have several choices available when it comes to your Personal Information:

Limit the Personal Data You Provide. You can use the Site without providing any Personal Information or with limiting the Personal Information you provide. If you choose not to provide any Personal Information or limit the Personal Information you provide, you may not be able to use certain Site functionality, including the ability to purchase merchandise.

Opt-Out. When you supply us with Personal Information, from time-to-time, in our discretion, you may be asked to indicate whether you are interested in receiving information from us about special offers in connection with the Site. Unless you opt- out to receive such communications, we may, from time to time, send you marketing communications.

At any time, you can choose to no longer receive commercial or promotional emails from us by sending an e-mail to europe@martonecycling.com. Also, in any promotional email we send, you may be given the opportunity to opt out of receiving such messages in the future by clicking on the link at the bottom of the email that says "unsubscribe." It may take up to 10 days for us to process an opt-out request.

Even if you have unsubscribed from receiving promotional emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements, administrative notices and surveys.

Please note that changing information in your account or opting out of receiving promotional email communications will affect only future communications from us. If we already provided your information to a third party (such as a sponsor or affiliate) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party as well.

Changing or Deleting Your Information. If you have an account with us, you may review, update, correct or delete the Personal Information in your profile by changing the applicable information in your account settings. Keep in mind, however, that even if you delete information from your profile, we may retain your Personal Information in conformance with our data retention policy and there may be residual Personal Information that remains within our databases, access logs, and other records. In addition, we are not responsible for updating or removing your Personal Information contained in the lists or databases of third parties who have been provided information as permitted by this Notice.

10. Your California Privacy Rights

Under California’s “Shine the Light” law, California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of the categories of Personal Information, such as name, address, e-mail address, and the type of services provided to that customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please email us at europe@martonecycling.com.

11. Contacting Us

If you have any questions about this Privacy Notice, please contact us by e-mail at: europe@martonecycling.com. or by regular mail at:

Attn.: Privacy Matters
Martone Cycling Co. Europe
6, rue des Francs Bourgeois
75003, Paris, France

12. Privacy Notice Changes

We reserve the right to change, modify, add or remove portions of this Notice at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is materially different than the uses described in this Notice without giving you an opportunity to opt-out of such differing uses. Your continued use of the Site after this Notice has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Notice, as amended. We encourage you to bookmark this Web page and review this Notice regularly.

DMCA POLICY

Martone Cycling Company, LLC has adopted the following procedures to respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act. The address of our designated agent to receive notification of infringement ("Designated Agent") is listed at the end of this policy.

It is our policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. How to Report Copyright Infringement:

If you believe that material or content residing on or accessible through the Site or an Interactive Forum on the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
  4. Contact information about the copyright owner including address, telephone number and, if available, e-mail address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the copyright owner;
  5. A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Upon Notification to the Designated Agent:

It is our policy:

  1. to remove or disable access to the infringing material;
  2. to notify the content provider, member or user that it has removed or disabled access to the material; and
  3. that repeat offenders will have the infringing material removed from the system and that we will terminate such content providers, member's or user's access to the Service.

C. Counter-Notice by Content Provider:

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of the content provider, member or user;
  2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  4. Content providers, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content providers, member's or user's address is located, or if the content providers, member's or user's address is located outside the United States, for any judicial district in which MCC Design, Inc. is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.

Please contact our Designated Agent at the following address: Intellectual Property Agent at Martone Cycling Co. Europe, 6, rue des Francs Bourgeois, 75003, Paris, France or email europe@martonecycling.com.

You hereby acknowledge that if you fail to comply with the requirements set forth above, your DMCA notice may not be valid.

Copyright © 2013 Martone Cycling Company, LLC. All Rights Reserved.