THE MERCH FACTORY
Online Store, Apparel, Merchandise & More
Below you will find information about the following:
- Information do we collect
- How we utilize information
- Purpose of data processing
- Cookies, beacons, tags, pixels
- How we share your personal information and who we share it with, if any
- International Transfers
- Security measures
- Retention periods
- Your Rights
- Age restrictions
- Third Party Links
- Questions and contacts
Information do we collect?
When you access and browse the Site(s) (including when you submit personal information to us through data entry fields on the website(s) we will collect the following from you:
Information your provide
- Contact information- we receive and store any information you enter on our Site(s). Our Site(s) uses forms to collect your personal information including your name, address, telephone number, email address so you can place orders, request information, get support and use our services.
- Payments and billing information- when signing up for any of our Services, products, or programs, we request additional personal and payment information such as your name, credit card information, PayPal or relevant service, billing address, personal, government or TAX identification number or other information including but not limited to certificates, tax declarations, forms, payment documents and other relevant documents.
- Surveys and contests - we may, from time to time, offer surveys and opinion polls and ask you to provide information about your experience and feedback for our services. Occasionally we may organize you to contests, sweepstakes, competitions, prize draws, or other promotions (collectively "Contests") on our Site(s) or through our Social Media channels and may offer a prize as a sign of appreciation to the people who have participated, qualified and/or completed our Contest. Information requested for entry may include personal contact information such as your name, email, address, phone number, etc. Participation is entirely voluntary and it’s up to you whether you choose to disclose any information or not.
Information we receive from your use of our services or third-parties
- Automated information- when you visit our Site(s) we receive and collect information, which may - in certain circumstances constitute personal information - and which includes your IP address, referral URL, exit URL, browser software, operating system, date/time and/or clickstream data.
- Website Analytics tools- We use analytics services by third parties to collect information about the use of our network of Site(s), such as number of visits, pages visited, popularity of certain content. Analytics tools use tracking technologies (like cookies) to recognize your device and compile information about you. They collect information such as what pages you visit and how much time you spend on these pages, the IP address assigned to you, what operating system and web browser you use, and what site you visited prior to visiting our Site(s).
- Information Logs- when you visit the Site(s), view content provided by us, use our services, use our Chat service, ask us a question, request technical assistance in regards to our services, products, send us an email or participate in a contest or survey on our Site(s), we automatically collect and store certain information in log files. This includes your IP address, URL, referral URL, exit URL, browser software, operating system, date/time, requests type to our Site(s) and error responses returned by our Site(s) or Services.
- Other information- we also receive and store any information that you provide on our Site(s), our Chat service, any complaint forms on our site, email, telephone, or any other type of communication with our team or related to the provisioning of our services. Whenever you contact us, we will record the ticket, chat or call to ensure we have an accurate record of all communication, which is needed to provide our services and to support any action taken by our team as a result in the event of a dispute over our response.
How we utilize information
Information you provide; We collect, store and use the information you provide for the following reasons:
- Contact information – to contact you regarding the progress of your orders, status of the services, functionality changes to our products and our Site(s), and - where you have opted in to receive such information - other/new services, and/or special offers/newsletters we think you might find useful, we use email, telephone, and/or text message, as well as to inform you about account issues, service interruptions or updates, service improvements or new products in accordance with our Terms of Service and applicable law.
- Payment and billing information– we need it together with your contact details, to open a Client or an Affiliate account for you, to process your orders and renewals, to enter into a contractual agreement for any Services, to invoice you and to fulfill our legal obligations for tax calculations.
- Surveys and Contests - 1. Аny answers to surveys and opinion polls are stored separately from your details and we either anonymize or pseudonymize the data collected, which can be used for ascertaining the usage of certain aspects of our Site(s) and services and market research. We may share the anonymised or pseudonymised data with third parties when they need the information to fulfill their obligations to process it on our behalf. However, neither the anonymised data nor the pseudonymised data allows to identify you personally without the use of additional information which is kept separately, and is subject to technical and organisational measures to ensure that none of the data is attributed directly to you. 2. If you enter a Contest, we use the data you provide for the successful administration of the Contest, to contact you or work with third parties to contact you in case you’ve won anything and fulfill prizes in accordance to the announcement and terms of the participation for the respective Contest. We may also, where you have opted in to receive such communication, and unless prohibited by law, use your information provided via our surveys and Contests to send you details about our services or offers.
Information we receive from your use of our services, third-parties, affiliates and/or business partners; We collect, store and use the information that we receive from your use of our services or third-parties for the following reasons:
- Automated information – to diagnose problems with our servers, to administer our Site and services. This is not linked to any personally identifiable information, except if necessary to prevent fraud or abuse on our Site and systems.
- Analytics tools – to improve services on our Site(s).
- Information Logs – for diagnosing problems, administering our Site(s) and resolving issues.
- Other information - to maintain your account and purchased products, to have an accurate record of any inquiries in case of a dispute and to identify certain characteristics that could help us optimize and improve our products and services.
Purposes of data processing
When you access or use our Services or purcases our product(s), we need to collect, use, and otherwise process your information, as set out in this Policy. We are committed to your privacy and follow a few fundamental principles when we process personal data:
- We strive to collect only the minimum personal data that we need to deliver any Services or Products to you.
- We aim for full transparency on how we use your information to comply with legal or other lawful purposes and respect your privacy.
- We make sure we only use your information for the purposes you have given us permission for.
We rely on a number of bases to use your information, as set out in this Policy:
- Contract – the use of your information is necessary to perform any contractual obligations in order to provide any Services to you or to administer any Contests you enter into.
- Legal obligations – our use of your personal information is necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. For example, if we are requested to disclose your personal information to regulatory bodies or law enforcement authorities; or to use your personal information for tax calculations.
- Our legitimate interests – necessary for the purposes of our legitimate interests, such as to:
1. run, grow, develop and deliver our services;
2. detect and prevent fraudulent activities;
3. enhance the security of our network and information systems;
4. better understand how people interact with our Site(s);
5. determine the effectiveness of our promotional campaigns and advertising; and
6. enhance, modify, personalise or otherwise improve our services and communications for the benefit of our customers.
- Consent– we rely on your consent for us to use your personal information to send you marketing information (such as our newsletters and promotional offers) by email, SMS, or telephone. You may withdraw your consent at any time by updating your personal Info/Settings in your user profile (My Account - Page) in our User Area, using our Unsubscribe option in relation to email subscriptions, or contacting us using the details set out in the "Questions and contacts" section of this Policy.
Cookies, beacons, tags, pixels
How we share your personal information and who we share it with
All personal information collected by The Merch Factory and its network/site(s) is treated as confidential. We disclose entire or part of your data in the limited circumstances described below and with appropriate safeguards on your privacy:
- 1. If we are required by law - we will disclose information about you in response to a subpoena, court order, or other legitimate governmental request.
- 4. To Protect Rights and Property - We will share account and personal information with companies, organizations or individuals when we believe in good-faith that access, use, preservation or disclosure of the information is necessary to meet any applicable law, comply with regulation, legal process or enforceable request; to enforce or apply our Terms of Service and other agreements; to investigate potential violations; to protect against harm to the rights, property or safety of The Merch Factory, our users or the public as required or permitted by law. We will take all reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.
We store or otherwise handle your personal information within our hosting companies server(s) at their location(s) and in Canada. We will make sure that any transfers of your personal information from one country to another comply with thе data protection and privacy laws that apply. If you would like further information please contact us using the details set out in the "Questions and contacts" section below.
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers. Our servers and website(s) are security scanned and fully verified externally on a daily basis to protect you online. Click on the certificated seal to learn more. For more information, please visit our Secure Shopping page. Although we take all these measures to maintain the safety and security of your personal information, please note that no transmission over the Internet can ever be guaranteed to be secure. Consequently, please note that we cannot fully guarantee the security of any personal information that you transfer over the Internet to us.
Information collected on our Site(s) will only be retained for as long as necessary to fulfill the purpose for which it was collected. In general, we will automatically delete your User Area account information 2 years after you no longer have any active services with us. Since we offer a service for customers worldwide and we need to comply with regulations across the globe in regard to retention of personal information related to contractual agreements, provision of services, financial, billing, invoicing operations and tax calculations, a versioned copy of your contact, payment and billing personal data associated with your past invoices is stored for a period of time after deactivating your account. Your personal data is deleted automatically by our systems in accordance with these retention periods.
By visiting the My Details page in your User Area, you can access, correct, change, and delete certain personal information associated with your account. If you need further assistance, you can contact us using the details in the "Questions and contacts" section of this policy to request any of the following:
- 1. confirm whether or not personal data about you is being processed;
- 2. provide you with further details about how we process your personal data;
- 3. provide you with a copy of any data which we hold about you;
- 4. withdraw your consent to using your personal information, where we rely on your consent as a legal basis to justify using your personal data;
- 5. consider any valid objection to the processing of your personal information (including the right to object to processing on grounds related to your particular situation where we are relying on our legitimate interests as a legal basis for processing);
- 6. request to update or delete personal data which we hold about you;
- 7. restrict the way that we process your personal data;
- 8. consider any valid request to transfer your personal data to a third party provider of services (data portability); and
- 9. we will consider all those requests. However, certain personal information may be exempt from those requests in certain circumstances, which include a need to keep processing information for our legitimate interests or to comply with a legal obligation. If such an exception applies, we will notify you when responding to your request. Please note that we may ask you to provide us with information necessary to confirm your identity before responding.
In accordance with The Merch Factory Terms of Service, we do not sell products, provide services or collect information from any individual under the age of 18. If you are under the age of 18, you are not allowed to use the Site(s) and you must request your parent or guardian to use the Site(s) instead. Should you have an evidence that someone under the age of 18 has bought services and provided their personal information to us, please contact us using the details set out in the "Questions and contacts" section below.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website(s). These third party site(s)s have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked site(s)s. Nonetheless, we seek to protect the integrity of our site(s) and welcome any feedback about these site(s)s.
Questions and contacts
The Merch Factory welcomes your questions or comments regarding this Statement of Privacy. If you wish to exercise any of your rights in relation to your personal information, or if you believe that The Merch Factory has not adhered to this Statement, please contact The Merch Factory at: The Merch Factory at 11 Emmett Rd Unit 3 St. Catharines, ON, CA l2r7k6, firstname.lastname@example.org, 2892415971.
TERMS & CONDITIONS
For safety and security, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, we reserve the right to suspend accounts without further notice.
Whilst all efforts are made to ensure accuracy of product descriptions, specifications and pricing there may be occasions where errors arise. Should such a situation occur The Merch Factory cannot accept your order. In the event of a mistake you will be contacted with a full explanation and a corrected offer. The information displayed is considered as an invitation not as a confirmed offer for sale. The contract is confirmed upon supply of goods. Given the popularity and/or supply constraints of some of our products, The Merch Factory may have to limit the number of products available for purchase. The Merch Factory reserves the right to change quantities available for purchase at any time, even after you place an order. Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer. Reach us anytime at email@example.com. For any other type of purchases, these terms are an agreement between you and The Merch Factory and goods and/or services will be delivered by The Merch Factory directly.
Customers can cancel their order at anytime prior to shipping; please contact our Support Centre. However, once the order has been dispatched, the order cannot be canceled, changed, or refunded. Upon receipt of the package, our Warranties and Returns policy comes into effect.
Shipping and Delivery
Shipping times displayed on The Merch Factory refer to the estimated time it takes for packages to leave our hands. Since the actual delivery of your order can be impacted by many events beyond The Merch Factory's control once it leaves our facilities, we suggest that if customers have a special occasion or event that they wish to use their item for, such as a birthday, that they order their items well in advance. The Merch Factory cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth shopping experience. If the item is no longer in stock, we will offer you a refund option. The Merch Factory provides information via banners on our site(s) and through newsletters to customers, that provide details of shipping delays due to the Christmas peak season, and encourages customers to order in advance. We can therefore not be held responsible if a customer does not receive their order in time for Christmas. There may be occasions when The Merch Factory confirms your order but subsequently learns that it cannot supply the ordered product. In the event we cannot supply a product you ordered in a timely fashion, The Merch Factory will contact customers and offer to cancel the order and refund the purchase cost in full. We try to make the delivery process as simple as possible and we are able to send your order either to your home or to your work place. We can ship to PO Boxes via all shipping methods, except for expedited shipping methods, as signatures are required upon delivery. Express shipments of this type can only be delivered to physical addresses. Shipping and delivery times are calculated in working days from Monday to Friday. Canadian residence of the Niagara Region may use our Door to Door shipping service available at checkout. In the case of major holidays such as Christmas and the Chinese Lunar New Year, please allow extra delivery time. During those special occasions we will provide notices to reflect possible delays. Customers are responsible for providing complete and accurate shipping addresses. The Merch Factory cannot make changes to your shipping address once a package has been shipped, and The Merch Factory is not liable for packages lost due to incomplete or inaccurate addresses. The Merch Factory cannot be held responsible for any package that does not make it through the local customs and is destroyed due to the item being illegal in the destination country. Customers are solely responsible for complying with their local laws. We can also not be held responsible for any import tax that may occur and it is the customers sole responsibility to pay this fee, if any. Kindly note that shipping insurance does not cover any customs issues, including but not limited to, goods being destroyed or confiscated due to their illegal status in any given destination country. Should the buyer refuse the package due to import duties or taxes, the buyer takes full liability for all the costs involved in the process. All orders reported as "delivered" by shipping companies are considered delivered. The Merch Factory cannot be made liable of non-delivery in this case. If a delivery fails for any reason and the address sent to was the correct address as provided by the customer, The Merch Factory cannot be held liable if a package is returned to us. Whatever the customer orders is what we ship. We can not be held liable for the customer receiving the wrong item if they placed the wrong order. All non-receipt of orders must be reported within 3 months from the date we ship the item to you, for Latin America this deadline is extended to 4 months for postal deliveries. This applies for flat rate shipping, priority mail and standard shipping methods. All expedited delivery issues must also be reported within 3 months from the shipment date. After this time we will no longer be able to investigate and no compensation will be offered. Please note that this policy does not apply to packages sent via expedited shipping methods that are shown as delivered on the shipping company's tracking website(s).
Although The Merch Factory will always strive to resolve issues to the satisfaction of the customer in a professional, courteous and friendly fashion, we will not tolerate any unacceptable or unreasonable behavior towards our Customer Service Team members. Unacceptable behaviors directed towards Customer Service staff or The Merch Factory may, for example, include any of the following: Aggressive, abusive and threatening behavior. Examples include: any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations. Persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies. Asking, expecting or demanding staff to breach established company policy guidelines, e.g. refund amount, time lines, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures. Repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided. Excessive number of complaints compared to the total purchase value history. For such behavior, complainants may be advised and formally notified of the following: Their language is considered offensive, abusive, threatening, and wholly unacceptable. They must refrain from using such language, intimidation, and threats. There will be no further exchange of correspondence on the matter if they persist with this behavior. The Merch Factory reserves the right to no longer accept orders from the customer in the future without further notice.
Complaint Escalation Process
This process applies strictly to Customer Service issues. If the customer is dissatisfied with the solution offered by our Customer Service, the customer may contact our Support Centre by submitting a new ticket by email to firstname.lastname@example.org
While we try in good faith to be as accurate as possible, we do not warrant that product descriptions or other content is accurate, complete, reliable, or error free. From time to time there may be information on The Merch Factory that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. If a key product specification is changed after you place an order or within seven days of delivery, you can cancel and return the order for a full refund.
Prices and availability of items are subject to change without notice. The prices do not include import tax and duties, should your package become examined and deemed taxable by your local customs. Payment of these is the responsibility of the buyer.
Refunds & Returns
Incorrect/Damaged Goods, Exchange & Returns
We are not required to provide a refund or replacement if you change your mind. We try very hard to ensure that you receive your order in pristine condition. If you do not receive the products ordered, please contact us. In the unlikely event that the product arrives damaged or faulty, please contact us immediately. If an item has a major problem. This only applys if:
- has a problem that would have stopped someone from buying the item if they had known about it
- is unsafe
- is significantly different from the samples or description
- doesn't do what we said it would, or what you asked for
- we sent the wrong size
Shipping back to The Merch Factory is paid for by the customer. We are in general unable to refund you postal fees. Any product returned found not to be defective can be refunded within the time stated above. Goods found to be tampered with by the customer will not be replaced but returned at the customer's own expense. By default, the refund amount cannot exceed the original order amount paid to The Merch Factory. The Merch Factory is not responsible for and has no knowledge about any bank fees or exchange rate charges that may occur. These fees are processed by the issuing bank and will not be refunded by The Merch Factory.
Discounted or end of line products can only be returned for repair. No refunds or replacements will be made.
Copyrights & License
All content included on the site(s) such as text, graphics, logos, button, icons, images, audio clips, digital downloads and software are all owned and/or licensed by The Merch Factory and/or its affiliates and/or business partnersand are protected by international copyright laws. For separate legal issues such as copyright, please view our legal page here. The Merch Factory will not be held responsible for copyright infrigment that has occured by affliates, associations and/or business partners. The Merch Factory does not steal.
License and site(s)
The Merch Factory grants you a limited license to access and make personal use of this site(s). This license does not include any forms of commercial use of this site(s) or its contents, any collection and use of any products, any collection and use of any product listings descriptions or prices, any derivative use of this site(s) or its contents, any downloading or copying of account information for the benefit of another merchants other then, The Merch Factory site(s), or any use of data mining, robots or similar data gathering and extraction tools. This site(s) may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any interest without express written consent from The Merch Factory.
The Merch Factory welcomes your questions or comments regarding this Statement of Privacy. If you believe that The Merch Factory has not adhered to this Statement, please contact The Merch Factory at: The Merch Factory at 11 Emmett Rd Unit 3 St. Catharines, ON, CA l2r7k6, email@example.com, 2892415971.
Effective 2015. The Merch Factory reserves the right to update anytime.