Last Updated: March 1, 2021
For the purpose of the Data Protection Act 1998, the data controller is Ugly Brands Inc. whose registered office is at Ugly Brands Inc, #405, 144 North 7th St. Brooklyn, NY, 11211.
To provide you with the products and services that Company has to offer, we request specific personal information (personal data) as detailed below. We value and respect your privacy.
Age Requirements for General Use of Site.
Participation and registration on the Site is restricted to those individuals at least 13 years of age. By registering or participating in services or functions on the Site, you hereby represent that you are at least 13 years of age.
We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account. If you are under 13 years of age, do not use the Site.
What Information We Collect.
Personal Information: We collect personally identifiable information as a condition of registration at the Site, purchasing our products (“Products”), or subscribing to our mailing list. If you engage in any of these activities on the Site, you may be asked to provide information such as your full name, company name, email address, mailing address, and telephone number. If you decide to place an order, we will also need to know your shipping and billing address, credit card number, security code, and expiration date. To protect your personal information, customers of Products on the Site must also register with a user name/email address and password. We do not store credit card details nor do we share financial details with any 3rd parties.
Aggregate Demographic Information: Company gathers aggregated demographic information through its tracking of IP addresses and other types of traffic data. This information is not linked to any personal information that can identify any individual person. Aggregated demographic information may be used by us and shared with third parties in order to provide tailored advertisements on the Site about goods and services that may be of interest to you.
How We Use Your Personal Information.
We will process and use personally identifiable information about you for the following reasons or in the following ways:
- For our market research purposes.
To register you as a user or customer on the Site, and manage and maintain
- Provide Products and services that you request.
- Process, validate, confirm, verify, deliver and track your purchases (including but not limited to processing payment card transactions, arranging shipping and handling returns and refunds, and contacting you about your orders, including by telephone).
- Maintain a record of the purchases you make.
- Respond to your questions and comments and provide customer support.
- Communicate with you about our products, services, offers, events and promotions, and offer you products and services we believe may be of interest to you.
- Tailor our Products and services to suit your personal interests and manner in which you use the Site.
- Analyse and enhance our marketing communications and strategies.
- Analyse trends and statistics regarding the user experience when visiting the Site, mobile applications or social media assets, and the purchases you make.
- We need to send the information to third party partners, vendors, agents, or service providers who work on behalf of Company to provide a Product or service for you on our behalf and to provide other related services, including, but not limited to, payment processing, shipping, order tracking, promotional fulfilment, and customer service.
- We need to respond to valid legal process. This includes a search warrant, subpoena, or court order, and any other instance when we believe we are required to do so by law.
- We deem it necessary to disclose personally identifiable information, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, or to protect Company’s rights or interests.
- We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
- For any other purpose or use, provided we have your consent.
If you do not want us to use your personal information for our marketing purposes, send us an email at email@example.com stating that you withdraw your consent to such use.
Sale or Acquisition of Assets.
We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) types of operating systems used to access the Site; and (3) types of web browsers used to access the Site (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use Google Analytics to track Site traffic (page hits) and view aggregate or anonymous user data.
IP Addresses: We use IP addresses to analyse trends, administer the Site, track traffic patterns, and gather demographic information for aggregate use, as well as in combination with your personally identifiable information for credit fraud protection and risk reduction.
Company may also keep track of Internet Protocol (IP) addresses to troubleshoot technical concerns and to maintain website safety and security. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.
The personal information that we collect from you will be transferred to, and stored in, secured databases. By submitting your personal information to us, you agree to this transfer and storing.
Various security measures, such as encryption and passwords, are implemented by us in accordance with industry standards to protect the security of your personal information as well as sensitive information (such as credit card number) both online and offline.
Unfortunately, despite our security efforts, there is always a risk that third parties may unlawfully intercept transmissions. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.
For avoidance of doubt, if we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit or otherwise make available on those websites may be viewed by the general public. Company does not control the user-posted content on its social media homepages and is not responsible for any third party use of your personal information that you have posted, transmitted or otherwise made available there.
Updating Personal Information; Termination of Account.
If a registered account holder’s information changes or a registered account holder wishes to terminate his or her account, Company will correct, update, or remove that user’s personal information from its database, upon receipt of notification from the registered account holder. Account holders may update information or terminate their account under their account settings or by emailing us at firstname.lastname@example.org .
A user who has submitted his or her information in order to join our mailing list may choose to unsubscribe from any future communications by clicking on the “unsubscribe” feature within the email communication.
Company reserves the right to cancel a customer or user’s account at any time, in its sole discretion.
ReChargeSMS Terms of Service
SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS
Last revised:February 1, 2021
User Opt In
The Program allows Users to receive SMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or predetermined mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, STOPALL, to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the management of the users digital subscription, services, and events.
Cost and Frequency
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
Our Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
In the event that there is a dispute, claim, or controversy between you and Us, or between you and ReChargeSMS or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ReChargeSMS’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
SMS/MMS MOBILE MESSAGING MARKETING PROGRAM
We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:
Ugly Brands Inc.
#405, 144 North 7th St. Brooklyn, NY, 11211
For any reason and at any time, you may contact us at the following address: firstname.lastname@example.org.
Contact Us – Ugly Drinks Webshop.
For any reason and at any time, you may contact us at the following address: email@example.com. The following phone number: 07929332952. Or : Ugly Brands Inc, #405, 144 North 7th St. Brooklyn, NY, 11211.