PRIVACY POLICY


Cycle Caddy is committed to respecting your privacy. We adopted this Privacy Policy ("Privacy Policy") to make it easy for you to understand how we collect, store, use and disclose information you provide to us through this Website. Please read our Terms of Sale and this Privacy Policy carefully prior to using our Website and/or otherwise submitting information to Cycle Caddy. If you do not agree with all of our Terms of Sale and this Privacy Policy, you are not authorized to use this Website, and your sole remedy is to stop using this Website.

SCOPE

This Privacy Policy only covers information provided to Cycle Caddy through this Website. By providing information to Cycle Caddy through this Website, you acknowledge and agree that such information is governed by this Privacy Policy. This Privacy Policy does not apply to information submitted to Cycle Caddy offline. This Privacy Policy also does not apply to information submitted to third parties, regardless if you link to a third party through this Website. Information you provide to or is collected by third parties, which may include location data, contact information and personal information, is governed by the terms and conditions and privacy policies of such third parties, and we encourage you to learn about such terms and conditions and privacy policies prior to accessing third party websites and/or content or otherwise disclosing information to such third parties.

YOUR INFORMATION

Customer Information
As between a you and Cycle Caddy, you exclusively own all right, title and interest in and to all of the unique customer information you provide to Cycle Caddy through this Website, such as your IP address and information related to your use of the Website ("Customer Information"). Cycle Caddy will not share or distribute your Customer Information, except as provided in our Terms of Sale , this Privacy Policy or as may be required by law. In accordance with our Terms of Sale , we may use your Customer Information to deliver products to you, provide you with requested content and/or information or to prevent or address service or technical problems with our Website. We may also use your Customer Information to provide you with customer support.

Personal Information
As between you and Cycle Caddy, you exclusively own all right, title and interest in and to all of your personally identifiable information you provide to Cycle Caddy through this Website, including, without limitation, name, username, password, other login information and payment information ("Personal Information"). Cycle Caddy will not share or distribute your Personal Information, except as provided in our Terms of Sale , this Privacy Policy or as may be required by law. While you can use this Website without telling us who you are and without revealing any of your Personal Information, there are times when we may need certain Personal Information from you, such as when you register for an account, sign up for our newsletter or purchase a product. We may also use your Personal Information to:

  • Verify your identify.
  • Provide you with access to our Website.
  • Answer questions you may submit about products offered on our Website and respond to your other inquiries.
  • Deliver products to you that you purchased through our Website.
  • Provide you with requested content and/or information.
  • Provide service, technical or other customer support.
  • Send important notices about changes to our terms, conditions and policies.
  • Make it easier for you to log back into and use this Website.
  • Contact you about our products, including products you have purchased through our Website.
  • Manage your account.
  • Verify your eligibility and deliver prizes in connection with contests and sweepstakes.
  • Help us understand who is using this Website.
  • Enforce our Terms of Sale.
  • Comply with applicable laws.
  • Identify and protect against fraudulent transactions.

Aggregated Information
Cycle Caddy exclusively owns all right, title and interest in and to all aggregated, anonymous data and statistical information about the use of this Website and users of this Website ("Aggregated Information"). We have no obligation to retain, provide you with copies of or protect the confidentiality of any Aggregated Information. We collect, store, analyze and use Aggregated Data to help us provide you with a better user experience. For example, we collect IP addresses to aggregate demographic and other non-personal information, we keep track of the domains from which users visit this Website, we measure user activity on this Website, and analyze statistical information about our users activity on this Website. This enables us to adjust this Website to meet the needs of our customers.

User Generated Content
Cycle Caddy exclusively owns all right, title and interest in and to all feedback, suggestions, enhancement requests and recommendations, as well as all content you generate or provide, that is posted on or submitted to this Website or otherwise provided to Cycle Caddy and relating to this Website ("User Generated Content"). We have no obligation to retain, provide you with copies of or protect the confidentiality or privacy of any User Generated Content. We may, but are not obligated, to collect, store, analyze, use and disclose your User Generated Content. You hereby acknowledge and agree that Cycle Caddy may use your User Generated Content to evaluate and modify our Website. You also hereby agree that Cycle Caddy may disclose your User Generated Content and display your User Generated Content on this Website.

RIGHTS YOU GRANT TO CYCLE CADDY

Subject to the Terms of Sale and this Privacy Policy, you hereby grant Cycle Caddy a limited, non-exclusive, royalty-free, fully paid-up, worldwide right and perpetual license to use your Customer Information and Personal Information. You also hereby assign to Cycle Caddy all of your right, title and interest in and to all of your User Generated Content, including, without limitation, all intellectual property rights relating to your User Generated Content. At Cycle Caddy’s request and expense, you will execute all reasonable documents and take such further acts as Cycle Caddy may reasonably request to assist Cycle Caddy to acquire, perfect and maintain such intellectual property rights in the User Generated Content.

YOUR INFORMATION REPRESENTATIONS AND WARRANTIES

By submitting information to Cycle Caddy through this Website, you represent and warrant to Cycle Caddy that you are entitled to submit such information to Cycle Caddy and Cycle Caddy is entitled to use such information as set forth in the Terms of Sale and subject to this Privacy Policy, without any restrictions or limitations and without any monetary or other obligation by Cycle Caddy. From time to time, we may need your permission to do things with the information you submit to Cycle Caddy through this Website to be able to provide you with this Website. You hereby provide Cycle Caddy with your express permission to do those things as set forth in our Privacy Policy. This permission also extends to third parties we work with to provide you with this Website.

CHANGING YOUR CUSTOMER INFORMATION AND PERSONAL INFORMATION

You may request access to any of your Customer Information or Personal Information which is stored within our database. You may also request that we update or change your Customer Information or Personal Information if it is incomplete or incorrect. To provide an update or request a change to your Customer Information or Personal Information, please contact us in writing at: customersupport@thecyclecaddy.com.

DISCLOSURE OF YOUR CUSTOMER INFORMATION AND PERSONAL INFORMATION

Cycle Caddy is not in the business of sharing or selling your Customer Information or Personal Information. We consider this information to be a vital part of our relationship with you. However, in addition to specific requests by you, set forth below are examples of when we may share some or all of your Customer Information and/or Personal Information with third parties without further notice to you (and you hereby expressly authorize Cycle Caddy to share your Customer Information and/or Personal Information under such limited circumstances, provided we do so in a manner consistent with this Privacy Policy):

  • Affiliated Companies.
    We disclose information to our subsidiaries and other affiliated companies for the sole purpose of providing you with access to our Website, answering questions you may submit about products offered on our Website and delivering products to you that you purchased through our Website.
  • Agents, Consultants and Service Providers.
    Cycle Caddy, like many businesses, engages third parties to perform certain business-related functions. Examples of such functions include, maintaining databases, hosting data, storing information, transmitting information and providing marketing services. When we engage a third party to provide marketing services, we do not provide the third party with your Personal Information.
  • Authorized Persons.
    We may disclose your Customer Information and/or Personal Information to individuals we reasonably believe are authorized by you to receive such information.
  • Business Transfers.
    From time to time, we may buy, sell or reorganize businesses or assets. In the event of an acquisition, sale, merger, reorganization, dissolution or similar event, Customer Information and/or Personal Information may be part of the transferred assets.
  • Legal Requirements.
    Cycle Caddy may disclose your Customer Information and/or Personal Information if required to do so by law or in circumstances to protect the personal safety of users of this Website or the public; or (iv) protect the good faith belief that such action is necessary to (i) comply with a legal obligation; (ii) enforce, protect or defend the rights or property of Cycle Caddy; (iii) act in urgent against legal liability.

CUSTOMER TESTIMONIALS

Cycle Caddy may post customer testimonials on this Website, which may contain Customer Information or Personal Information. However, we will obtain your consent prior to posting such a testimonial from you.

DATA

Security
While the security of your Customer Information and Personal Information is important to us, no Internet or email transmission is ever fully secure or error-free, and you should take special care in deciding what information you send through this Website. In the event that an unauthorized third party compromises our security measures or the security measures of a third party (such as your Internet service provider), we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use or disclose your information. Also, administrative agencies or courts of competent jurisdiction may order the disclosure of the information we collect. We cannot guarantee, and you should not expect, the information you provide to us will always remain private. Please keep this in mind when disclosing any Customer Information or Personal Information through this Website.

Inside and Outside of the United States
If you are using this Website from outside the United States, please be aware that your information may be transferred to, stored, processed, used and/or disclosed in the United States. Likewise, if you are using this Website from within the United States, please be aware that your information may be transferred to, stored, processed, used and/or disclosed outside of the United States. The data protection and other laws of such jurisdictions may not be as comprehensive as or otherwise differ from those of your country. This Privacy Policy applies regardless if Cycle Caddy transfers, stores, processes, uses and/or discloses your information inside or outside of the United States.

RECORD KEEPING

Cookies
A cookie is a small text file that is stored on a computer for record-keeping purposes. We use cookies on this Website. We do not add the information we store in cookies to Personal Information you submit through this Website. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. We use session cookies to make it easier for you to navigate this Website. We use persistent cookies to store a unique cryptographic hash value so you do not have to enter your username more than once on a given computer. You can remove persistent cookies by following the directions provided in your Internet browser’s help file. You may disable cookies on your web browser, however, this may cause certain features on this Website to be disabled or not function properly.

Third Party Cookies
This Website may use cookies that permit select third party partners to serve you Cycle Caddy-related content on their websites or elsewhere on the Internet. This is based on your prior visits to this Website. We do not have access or control over these cookies, and the use of cookies by third parties is not covered by this Privacy Policy.

Web Beacons
Cycle Caddy uses web beacons and usage analytics software to help us identify effective content and to otherwise better manage content on this Website. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. Except to comply with applicable law or identify and protect against fraudulent transactions, we do not tie the information gathered by web beacons to your Personal Information.

BLOGS, FORUMS, CHAT ROOMS AND BULLETIN BOARDS

From time to time, this Website may include blogs, forums, chat rooms and/or bulletin boards (each, a "Forum"), which allows users to post User Generated Content and interact. Cycle Caddy does not prepare, approve or endorse any User Generated Content that may appear in a Forum. You acknowledge and agree that Cycle Caddy has no control over and is not responsible for the accuracy, correctness, timeliness, safety or legality of any User Generated Content. You may find User Generated Content to be deceptive, inaccurate, harmful or offensive. Please use caution and common sense when reading User Generated Content posted in our Forums, and do not rely solely on such information. You hereby acknowledge and agree that your use and/or reliance on any User Generated Content is at your own risk. Cycle Caddy reserves the right, but not the obligation, from time to time and at our sole discretion for any reason or no reason, to monitor, edit, remove and/or re-post User Generated Content posted in our Forums.

CONTACT

Newsletter
If you wish to subscribe to our newsletter, we will use your name, date of birth, title and email address to send the newsletter to you. Out of respect for your privacy, we provide you with a means to unsubscribe from our newsletter. For details on how to opt-out of receiving our newsletter, please see the Opting-Out of Future Contact section of this Privacy Policy.

Blogs, Forums, Chat Rooms and Bulletin Boards
If you visit or participate in a Forum on this Website, you should be aware that any Customer Information, Personal Information or User Generated Content that you submit in a Forum can be read, collected, stored and/or used by other users of such Forum, and could be used to send you unsolicited messages. We are not responsible for the Customer Information, Personal Information or User Generated Content that you choose to submit in a Forum.

Opting-Out of Future Contact
You may opt-out of receiving offers and newsletters from Cycle Caddy by clicking on the unsubscribe link set forth in an email from us or by sending an email to the following email address: customersupport@thecyclecaddy.com. Please note that opting-out of receiving future contact from Cycle Caddy may cause you to lose some or all of the benefits of using this Website.

COPYRIGHT INFRINGEMENT NOTICE

We respect the intellectual property rights of our customers and third parties, and we comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). This DMCA Policy addresses how we handle notices of alleged copyright infringement appearing on this Website.

Notification.
Pursuant to the DMCA, notifications (each, a "Notification") of alleged copyright infringement appearing on this Website must be sent in writing to Cycle Caddy’s designated agent ("Designated Agent") as follows:

Cycle Caddy, LLC
customersupport@thecyclecaddy.com

Pursuant to Title 17, U.S. Code, Section 512(c)(2), the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single Notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cycle Caddy to locate the material;
  4. Information reasonably sufficient to permit Cycle Caddy to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement under penalty of perjury that the information in the Notification is accurate and that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):

  1. Cycle Caddy will remove or disable access to the material that is alleged to be infringing;
  2. Cycle Caddy will attempt to forward the written Notification to the alleged infringer; and
  3. Cycle Caddy will take reasonable steps to attempt to notify the alleged infringer that Cycle Caddy has removed or disabled access to the material.

Counter Notification.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), a party may counter a Notification by providing a written communication (each, a "Counter Notification") to Cycle Caddy’s Designated Agent that includes substantially the following:

  1. A physical or electronic signature of the party;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The party’s name, address, and telephone number; and
  5. A statement that the party consents to the jurisdiction of Federal District Court for the judicial district in which the party is located, or if the party’s address is outside of the U.S., for any judicial district in which the Website may be found, and that the party will accept service of process from the person who provided the Notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):

  1. Cycle Caddy will attempt to provide the Complaining Party with a copy of the Counter Notification;
  2. Cycle Caddy will attempt to inform the Complaining Party that Cycle Caddy will replace the removed material or cease disabling access to the removed material within 10 business days;
  3. Cycle Caddy will replace the removed material or cease disabling access to the removed material within 14 business days following receipt of the Counter Notification, provided Cycle Caddy’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the party providing the Counter Notification from engaging in infringing activity relating to the removed material on Cycle Caddy’s network or system.

Repeat Infringers.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

PROPRIETARY RIGHTS

Website Materials.
Cycle Caddy owns all right, title and interest in and to this Website including, without limitation, the look and feel, design and organization, and the compilation of the content, code, data and other materials on this Website (collectively, "Website Materials").

Names, Markings and Other Intellectual Property Rights.
Cycle Caddy owns all right, title and interest in and to the name Cycle Caddy and all copyrights, service mark rights, trademark rights, trade dress rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights relating to this Website or otherwise owned and/or operated by Cycle Caddy, as well as all of Cycle Caddy’s URLs, website domain names, graphics, logos, page headers, button icons, scripts and other markings (collectively, "Names, Markings and Other Intellectual Property Rights").

Website Content.
Cycle Caddy owns all right, title and interest in and to all content on this Website, including, without limitation, all audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files (collectively, "Website Content").

Limited License and Prohibited Use.
You may not use any of the Website Materials, Names, Markings and Other Intellectual Property Rights, or Website Content without our express, prior written permission. You shall not delete or in any other manner alter the copyright, trademark and other proprietary notices appearing on this Website. We make no proprietary claim to any third party names, copyrights, service marks, trademarks or trade dress appearing on this Website. Any third party names, copyrights, service marks, trademarks or trade dress appearing on this Website are property of their respective owners. Without our express, prior written consent, you may only print, download or otherwise use the Website Materials, Names, Markings and Other Intellectual Property Rights, and Website Content for a Customer’s internal, non-commercial use consistent with the Terms of Sale and applicable law. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use is permitted. Your use of this Website does not grant to you ownership of any content, code, data or other materials you may access on or through this Website. Cycle Caddy expressly reserves all rights not expressly granted to you in the Terms of Sale and this Privacy Policy.

LINKS TO THIRD PARTY WEBSITES

This Website may contain links to third party websites. These links do not constitute an endorsement by Cycle Caddy of those websites, nor the products or services promoted on or offered through those websites. We are not responsible for the terms and conditions of use, privacy policy, practices or the content of such third parties or their websites. We encourage our Customers to be aware of when they leave this Website and to read the terms and conditions of use and privacy policy of each website that they visit by linking from this Website. If you have a question about the terms and conditions of use, privacy policy, practices or content of a third party website, please contact the applicable third party directly. If you want to opt-out of receiving emails and other future contact from such a third party you must contact the applicable third party directly. You acknowledge and agree that we shall not be a party to, or in any way responsible for, any transaction involving products or services made available from third parties or for any content relating to any products or services offered by third parties.

LINKING TO THIS WEBSITE

You may link to this Website’s homepage, provided you do so in a way that is fair, legal, consistent with the Terms of Sale and this Privacy Policy does not damage our reputation or take advantage of this Website, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. This Website may not be framed on any other website, nor may you create a link to any part of this Website other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.

CAN-SPAM ACT COMPLIANCE

We are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act"). All emails you receive from Cycle Caddy are intended to fully comply with the CAN-SPAM Act.

POLICY REGARDING CHILDREN

This Website is not intended for use by children under the age of 13, and we do not knowingly solicit or collect information from children under the age of 13. We also do not verify the age of any of our users. By using this Website, you represent and warrant to Cycle Caddy that you are at least 18. If we learn a child under the age of 13 has submitted information to us through the Website, we will delete such information identified for us as soon as we discover such submission. Cycle Caddy encourages parents to take an active role in their children’s use of the Internet, and to inform their children of the potential dangers of providing information about themselves while online.

CHANGES TO OUR PRIVACY POLICY

We may amend this Privacy Policy at any time and in our sole discretion. You should review this Privacy Policy for amendments each time you use this Website. For your convenience, we post on this Website the last date this Privacy Policy was updated. If our Privacy Policy is amended, the amended Privacy Policy will take effect immediately for all users of this Website. Your continued use of this Website following an amendment will evidence your acceptance of the amended Privacy Policy.

SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS

Individuals who are residents of California and have provided their personally identifiable information to us may request information regarding our disclosures, if any, of their personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted to our Privacy Officer in writing at:

Cycle Caddy, LLC
Attention: Customer Support
CustomerService@thecyclecaddy.com

Such requests must include the reference Request for California Privacy Information in the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted to us if not submitted pursuant to the terms set forth above.

GENERAL INFORMATION

Capitalized terms not defined in our Privacy Policy will have the meaning ascribed to such terms in our Terms of Sale. This Privacy Policy is hereby incorporated into and made a part of the Terms of Sale by reference.