Privacy Policy | Wickedcushion

Privacy Notice

This website (the "Website") is owned, operated and distributed by Wicked Cushion, LLC., a Delaware limited liability corporation ("Wicked Cushion"). Wicked Cushion also owns the website located at www.wickedcushion.com and information provided to Wicked Cushion on this Website may also be used on www.wickedcushion.com as well as other websites owned by Wicked Cushion or its subsidiaries.

BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE "PRIVACY POLICY") AND THE TERMS AND CONDITIONS OF THE WICKED CUSHION CONDITIONS OF USE (THE "CONDITIONS OF USE"). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE.

This Privacy Policy applies to all users, including both users who are simply viewing the Website and users who are purchasing goods through the Website.

Wicked Cushion may, at its sole discretion, modify this Privacy Policy at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. This Privacy Policy was last modified as of June 22, 2018.

What Personally Identifiable Information Does Wicked Cushion Collect?

Wicked Cushion collects the following types of personally identifiable information from you:

User Provided Information: You may affirmatively provide Wicked Cushion with certain personally identifiable information (such as your name, email address, postal address, phone number, birthdate, and credit card information) when participating in various activities on the Website.

Information Collected by "Cookies": When you visit the Website, Wicked Cushion and/or third parties that we contract with may send one or more "cookies", javascript tags or similar devices to your computer. A "cookie" is a small line of text that is stored with your Web browser, which Wicked Cushion uses to help provide better service to you. Your browser has options to accept, reject or provide you with notice when a cookie is sent. Wicked Cushion may use cookies for many purposes, including (without limitation) to save your password so you don't have to re-enter it each time you visit the Website, and to deliver content (which may include product offers) specific to your interests.

Log File Information: Wicked Cushion's servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

Information Collected by "Clear GIFs": Wicked Cushion and/or third parties that we contract with may employ "clear GIFs" (a.k.a. Web Beacons), tracking pixels or similar devices, which are used to track the online usage patterns anonymously (i.e., in a non-personally-identifiable manner). In addition, Wicked Cushion may also use these devices in HTML-based emails sent to users to track which emails are opened by recipients.

Various features on the Website may allow you to share your information with others by publicly posting that information on the Website and/or sharing that information by other communication methods including (without limitation) email, Facebook or Twitter. To the extent that you choose to share any such information it is no longer considered personal information and is not covered by this privacy policy.

How Does Wicked Cushion Use Personally Identifiable Information?

Wicked Cushion will use information you provide to process and fulfill your order, including to send you emails to confirm your order status and shipment. In addition, it may use personally identifiable information to deliver product offers and other content specific to your interests.

If you have not opted out from receiving emails from Wicked Cushion, it may use your email address or other personally identifiable information to send commercial or marketing messages. Wicked Cushion also may use your email address for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes). You cannot opt out of receiving emails for non-marketing or administrative purposes.

Wicked Cushion may use aggregated information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. In addition, Wicked Cushion may use "cookies" clear gifs and log file information to deliver product offers and other content specific to your interest and remember information so that you will not have to re-enter it each time you visit the Website.

Will Wicked Cushion Share Personally Identifiable Information with Others?

Wicked Cushion will not share your personally identifiable information (such as name or email address) with other, third-party companies (other than its subsidiary and other affiliated companies) for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out, except as set forth herein.

Wicked Cushion may provide personally identifiable information to employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on its behalf. In such circumstances, Wicked Cushion requires that these parties agree to protect the confidentiality of such information and to comply in all respects with this Privacy Policy.

Wicked Cushion may share your personally-identifiable information, including your name, address, email address, as well as a record of any transactions you conduct on the Website or offline with Wicked Cushion with third-party advertising companies and their service providers in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain websites, and may allow such parties to use cookies, javascript tags, web beacons, tracking pixels or similar devices in order to gather such information. These advertising companies will make the data provided to them anonymous.

To the extent that you use electronic wallet technology provided by another interactive service, we may share some of your purchase information with that service to assist it in serving you better. However, rest assured that we would only share that information with the service you are using and then only to the extent that such service agreed to protect your private information by adopting a privacy policy with appropriate protections.

If you provide us with your name and postal address, we may make this information available to other companies who want to mail you information about their products. Of course, you always have the option to not have such information shared (For instructions on how to ensure that this information will not be shared, please see below).

Wicked Cushion may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.

Is My Information Secure?

Wicked Cushion has implemented security measures to protect personally identifiable information collected on the Website against loss, misuse or alteration. In addition, your account information is protected by a password for your privacy and security. It is important that you protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Moreover, despite the precautions described above, Wicked Cushion cannot and does not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted or accidentally disclosed, and it accepts no liability for any unintentional disclosure.

How Does Wicked Cushion Use Personally Identifiable Information?

Wicked Cushion may use aggregated information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. In addition, Wicked Cushion may use "cookies clear gifs and log file information to deliver product offers and other content specific to your interest and remember information so that you will not have to re-enter it each time you visit the Website.

In the Event of Merger, Sale, or Bankruptcy

In the event that Wicked Cushion is acquired by or merged with a third-party entity, it reserves the right to transfer or assign the information it has collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of Wicked Cushion's bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, Wicked Cushion may not be able to control how your personal information is treated, transferred, or used.

CONDITIONS OF USE

General

This website (the "Website") is owned, operated and distributed by Wicked Cushion, Inc., a Delaware corporation ("Wicked Cushion").

BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE "CONDITIONS OF USE") AND THE TERMS AND CONDITIONS OF THE WICKED CUSHION PRIVACY POLICY (THE "POLICY"). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE.

These Conditions of Use apply to all users, including both users who are simply viewing the Website and users who are purchasing goods through the Website.

You acknowledge that Wicked Cushion may terminate your account, remove any data or content that you have provided and/or disable your access to the Website, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind. In addition, Wicked Cushion may modify or remove any service or functionality included in the Website at any time, with or without notice and with no liability of any kind.

These Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wicked Cushion without restriction.

Use of the Web Site is only available only to individuals who are at least 18 years old. If you are not 18 years old, you are not authorized to use the Website.

Wicked Cushion may, at its sole discretion, modify these Conditions of Use at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. These Conditions of Use were last modified as of June 22, 2018

Transactions on Website

Wicked Cushion reserves the right to refuse any order placed on the Website, and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Wicked Cushion makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Wicked Cushion reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.

All goods purchased from Wicked Cushion.com are F.O.B. at our fulfillment center. Title to goods passes to you at the time of delivery by the fulfillment center to a common carrier.

Sales tax is applied to your Wicked Cushion.com order in accordance with individual state and local regulations if your shipping address is in one of the following state(s): New York. Appropriate tax charges will appear on the "Review Order" page during checkout.

Security Guarantee

Because Wicked Cushion uses commercially available security software, it is extremely unlikely that any personal information that you transmit to us will be misappropriated. In the rare instance that an unauthorized person obtains your credit card information and uses it, by federal law, you are only liable for the first $50. Product Information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Wicked Cushion reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). Wicked Cushion has made every effort to display as accurately as possible the colors of the products that appear on the Website. However, Wicked Cushion cannot guarantee that your computer monitor's display of any color will be accurate.

Links to Other Web Sites and Services

The Website may contain links to other Web sites that are not under the control of Wicked Cushion. Wicked Cushion has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Websites' users.

User Submissions

Content submitted by users of the Web Site for public view is referred to in these Conditions of Use as "User Submissions." You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize Wicked Cushion to use the User Submissions in the manner contemplated by the Web Site and these Conditions of Use. You further represent and warrant that your User Submissions do not infringe any third party's intellectual property rights, do not invade any third party's privacy, and are not illegal, obscene, threatening, abusive, libelous, slanderous, defamatory, fraudulent, misleading, prejudicial or otherwise injurious to third parties.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant Wicked Cushion an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Web Site and under these Conditions of Use.

Wicked Cushion does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Wicked Cushion reserves the right to remove any User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to its Website for any reason.

California Privacy Rights

California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail with "California Privacy Rights" in the heading to info@wicked-cushion.com or write us at:

Wicked Cushion Privacy Rights
PO Box 5298
New York, New York 10185

Special Note to International Users

The Website is hosted in the United States and is intended for and directed to users in the United States. If you are accessing the Website 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 Website, which is governed by U.S. law, this Privacy Policy, and our Conditions of Use, you are transferring your personal information to the United States and you consent to that transfer.

Children's Policy

You must be 18 years and older to register to use the Website. As a result, Wicked Cushion does not collect information about children.

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