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Privacy Policy

SMARTEXSPORTSWEAR.NET (“SMARTEX”) IS COMMITTED TO PROTECTING YOUR ONLINE PRIVACY
We have created this privacy policy to make sure you know what information we collect and how we use it. By using our website, you consent to the collection and use of your information as we have outlined in this policy. From time to time, we may update this privacy policy. We will notify you about material changes in the way we treat personally identifiable information by emailing you and/or placing a notice on our website. We encourage you to check back and review this Privacy Policy so that you always will know what personally identifiable information we collect, how we use it, and to whom we disclose it. Your continued use of the Smartex website will be subject to the current and most updated privacy policy that is uploaded to the website.


ABOUT UPLOADING AND POSTING INFORMATION ON THE SMARTEX WEBSITE
At the time you register for a regular Smartex account, a Smartex Affiliates “Shout Outs” account, or a Smartex B.Y.O.B. (Be Your Own Brand) account, you will choose and provide us with a user name and password. When you upload a design, post a comment or message on the Smartex website, your user name is visible to other users. Additionally, if your comment or message contains personal information and is posted by you in a page that is accessible to the public, third parties may make note of the information and you may receive unsolicited messages from other parties as a result. Any content or information you upload is NOT considered personally identifiable information subject to this Privacy Policy.
Always use caution when you post such information online. Web administrators will NEVER ask for your personal account information.


INFORMATION PROVIDED BY YOU
You may provide us with certain personally identifiable information when you:

  • Register for a regular Smartex, Smartex Affiliates “Shout Outs”, or a Smartex B.Y.O.B. (Be Your Own Brand) account.
  • Order products or gift vouchers.
  • Request customer support or send us any other communication.
  • Sign up for newsletters, email alerts, and special offers.
  • Sign up for, or redeem, special offers.
  • Respond to surveys.
  • Approve your child’s request to open a Smartex account in accordance with The Children’s Online Privacy Protection Act of 1998 (COPPA).
Such information may include your name, email address, billing address, shipping address, and credit card number. You may also provide us with information about other people, such as their email addresses, if you email a product to a friend or refer a friend to the Smartex website or our promotions.


INFORMATION COLLECTED BY COOKIES
Smartex may use cookies on the Smartex website. A cookie is referred to a small text file on your computer which a website sends to your computer to allow the website to store information which unique identifies their users. Smartex’s cookies do not collect or store personally identifiable information. Rather, the cookie stores a token which uniquely identifies a particular user at a particular time.
That token is then linked to the user information in our secured databases. You can always reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the Smartex website features and functionality may not be available to you.


INFORMATION COLLECTED BY WEB BEACONS AND LOG FILES
Smartex collects certain non-personally identifiable information through the use of web beacons and log files. Such information may include your IP address, browser type, site usage, and whether you opened emails you received from us.

HOW DO WE SECURE YOUR INFORMATION?
When you place orders or access your account information, we use commercially reasonable and generally-accepted technological safeguards to secure any information we collect about you. The secure server software (SSL) we use encrypts all information you input before it is sent to us. In addition, your Smartex account information is password-protected for your privacy and security. You should always take steps to protect the confidentiality of the password you select.
Smartex operates solely within Canada, Ontario. Your personal data will be processed by us in Canada where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create a user account with us, you agree to the terms outlined in this Privacy Policy.

HOW DO WE USE INFORMATION?
We use the personally identifiable information you provide to:

  • Provide the features and functionality of the Smartex website.
  • Provide the features and functionality of the Smartex website.
  • Fulfill your requests for our products and services.
  • Pay royalties and referral fees.
  • Communicate with you about the status of your orders and others inquiries about our products and services.
  • Send you information about our products and services.
  • Provide notices about any upcoming and results of sweepstakes, contests, and other promotions.
We use your email address to communicate with you about your account and to send you certain notification emails. You can change the frequency of those emails in your Smartex account settings.
We do not use your email address or other personally identifiable information to send marketing messages without your consent. Similarly, if you email a product to a friend or refer a friend to the Smartex website or our promotions, we will use your friend’s email to send them the e-mail you requested. You and your friend’s e-mail addresses will only be used for this purpose unless permission is otherwise granted.
We use non-personally identifiable information to monitor the use and performance of the Smartex website so that we can learn more about how people use the Smartex website and improve our products and services.

DOES SMARTEX DISCLOSE THE INFORMATION IT COLLECTS TO OUTSIDE PARTIES?

Generally, Smartex does not share personal information about you with other people or non-affiliated companies without your consent except that:

Smartex provides information to its agents and trusted service providers and contractors for limited purposes, such as:

  • Fulfilling customer orders and processing credit card transactions.
  • Offering certain products and services.
  • Communicating with customers.
  • Providing customer service.
  • Managing information on our behalf.
  • Enhancing the Smartex website features and functionality.

In such cases, we require that these parties agree to use the information solely for the purpose for which we provided it to them and in accordance with our Privacy Policy.

If you sign up for a promotion (e.g. a contest or sweepstakes offer) or enroll in a service we offer in partnership with a third party, we may provide information (such as your name, email address, and account activity) to such third parties.

For time-to-time, Smartex may provide its contributors with the first name and city/state/country of residence of Smartex customers who have purchased such contributor’s products.

Smartex may also release information (including your name, addresses, telephone number, and account activity) when we, in our sole discretion believe that such release is necessary or appropriate to:

  • Comply with law.
  • Comply with subpoenas, warrants, court orders, government investigations, or other legal process.
  • Enforce or apply the terms of any of our user or license agreements.
  • Investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity.
  • Investigate fraud or similar claims.
  • Protect the rights, property or safety of Smartex, or our users.

In the event that Smartex is acquired by, or merged with, another company Smartex reserves the right to transfer all information we have collected from our users in connection with such acquisition or merger.

Smartex may disclose non-personally-identifiable information to third parties in aggregate form to potential business partners and investors.


WHAT ABOUT CHILDREN’S PRIVACY?

Children under the age of 13 are allowed to upload graphics and images and to order products with their parent’s consent. To order products, the child must indicate his or her age, submit his or her name and his or her mailing address and shipping address if different from the mailing address together with a valid credit card number. This is the only information collected from a child.

This information is used to fulfill the requested order; conform shipment; complete record keeping including royalty entitlements and pay royalty fees, if any, and to advise the child concerning new Smartex products, services or policies.

Parents of children under the age of 13 have the option to consent to the collection of this information from their children or not. Such consent will not be used as consent for the dissemination of any of this information and the information will not be released by Smartex to third parties without the parents’ consent except as may be required by law or upon court order.

Personal information at Smartex is kept confidential and is disclosed only with the consent of the Smartex user or as set forth in this Privacy Policy. We do not engage in the selling of the habits, behaviour, buying patterns, or demographic information of our users. Smartex does not condition a child’s participation in any on-line activity on the grant of any unnecessary information beyond that is actually needed in connection with that activity.

Parents can review any information Smartex has received from a child and the parent can have that information deleted and the parent can forbid the collection of additional information from their child. If you want to review any information obtained from your child or if you want to have any information obtained from your child deleted from the Smartex records or to forbid any use of such information, you may send a request to smartex@on.aibn.com.

HOW CAN I CHANGE, DELETE, OR UPDATE MY INFORMATION?

Most of your account information can be changed on your account profile page which is found on the top right hand corner of the screen. The button should be the name you had initially registered yourself with. Once there, click on “Edit your account information” under the My Account tab. If you have any questions about what information is stored or would like to obtain a copy of such information, please contact us at smartex@on.aibn.com. After receiving proof of your identity, we will provide the information to you, and you may request that we delete or change any or all of the information.

The current version of the Smartex Privacy Policy was designated effective as of 01/26/2016.