Your privacy is important to us. The purpose of this Privacy Statement (“Statement”) is to help you understand how E.C. Barton & Company, its subsidiaries, divisions and affiliates (collectively, the “Company,” “we”, “us” or “our”) collects, uses and discloses information it collects from customers and visitors. We collect certain information in order to improve your shopping experience and to provide you with information about our products and services.
As such, this Statement applies to many interactions we may have with our customers and visitors including, but not limited to, our websites, mobile and social media applications, surveys, contests, sweepstakes, online advertisements, and phone, email, and other electronic or written communications. In some cases, we may provide additional details about privacy practices that are related to a particular location or event.
Additionally, we may periodically update this Statement without prior notice. The Statement will list the date it was last updated.
This Statement does not apply to any (i) third-party websites that may be linked to or accessible from our websites or that are operated by unaffiliated parties, even though the website may contain a reference to the Company or (ii) credit related products, such as Company branded credit cards issued by banks, as such products are covered by the issuing banks’ privacy notices appearing on the credit applications you may receive.
Information We Collect:
We may collect certain information that identifies you or is otherwise associated with you. This includes information you provide to us, information we collect automatically, and information we may receive from third parties, if any. As noted above, this information is gathered to improve your customer experience and to provide you with information about our products and services.
We may collect contact and demographic information including, but not limited to, the names, addresses, email addresses, and phone numbers of our customers and visitors, along with their nearest store location and products of interest.
We may collect payment and returns information from our customers, including credit card numbers or gift card information, or information concerning purchases, returns, exchanges, warranties and/or rebates.
Also, for visitors who are applying for a job with the Company, we may collect certain information relating to their job applications such as employment status and history, educational background, résumé, references, criminal background, and authorization to work legally in the United States.
During your visits to our websites, we may collect certain information automatically using certain tools such as browser or flash cookies or web beacons. Information gathered using these tools may include what pages you visit while using our websites, as well as what sites you’ve visited immediately before or after visiting our page.
The foregoing information may be collected from you directly, such as when you register for a survey, purchase a product, provide a product review, participate in a sweepstakes or contest, or return a product. Other information may be collected passively using tools like browser cookies or web beacons. We may also receive information from third parties, such as when we receive information from an affiliate of the Company.
How Your Information is Used:
We use the information we gather to enhance your shopping experience and improve the products and services we offer. This may include using the information to communicate with you, process transactions, conduct contests, surveys and sweepstakes, process job applications, operate and improve our business and system administration, perform internal analytics or conduct market research.
The information we gather is stored in a secure manner. We use physical, technical and administrative safeguards designed to protect your information against accidental or unlawful destruction, loss, or disclosure. Despite these safeguards we cannot guarantee that the use of our systems, websites or applications will be completely safe and secure. The internet and information systems are inherently insecure and we encourage you to use caution when using them. We will retain information we collect so long as we feel it is needed or useful to improve our products, services, and practices, or to comply with any applicable legal obligations.
How Your Information is Shared:
We do not sell, trade or otherwise transfer your information to unaffiliated third parties without your consent except as may be described below:
- We may disclose your information to companies with which we have contracted to provide certain support or perform certain services on our behalf, such as consulting, communications, marketing, data management, and/or analytics to the extent the same is needed by the companies to perform their functions. Generally, these companies are barred from using such information for any other purpose.
- We may disclose your information to one of our affiliates, subsidiaries, divisions or other business partners who provides a product or service in partnership with us.
- We may disclose your information to protect the Company, such as if we suspect fraud.
- We may disclose information to a third party at your request.
- We reserve the right to disclose your information pursuant to a sell or transfer of Company business assets.
- Finally, where permitted or required by law, the Company will provide information to third parties without your consent to comply with court order(s), or other legal or regulatory requirement(s).
Managing Your Privacy Preferences:
Where applicable, to manage your preferences regarding how we communicate with you or to make a reasonable request, please use the contact us form on our sites or use the contact information provided below. Please allow us adequate time to process your request(s). Even if you’ve opted not to receive further communications, we may still contact you for other purposes, such as notifying you that a product you’ve purchased has been sent.
The Company does not knowingly collect personally identifying information from children under the age of 13. If a parent or legal guardian of a child under the age of 13 learns that a child has provided us with personally identifying information, please contact us so that the information can be deleted.
Subject to limitations contained in California Civil Code §1793.83, if you live in California and have an established business relationship with the Company, you may request that we provide you with (i) a list of certain categories of personal information that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year and (ii) the identity of certain third parties that received personal information from us for their direct marketing purposes during that calendar year. To request this information, please contact us at the below address:
Our websites may contain links to third party websites. By clicking these links, you will be taken to websites that are not under our control. As mentioned above, this Statement does not apply to third party websites and you are encouraged to view and understand the privacy policies applicable to those websites.
Use of the Sites:
Products and Accuracy of Information:
The Company reserves the right to alter, update, or otherwise change information, including but not limited to, descriptions, pricing, and specifications of the products and services described and/or depicted on the Sites without notice to you. The Company makes reasonable efforts to accurately display the products and services. However, the Company does not guarantee that information will be accurately displayed, complete, or current. Information relating to products found on the Sites may differ from information available at Company store locations.
Digital Millennium Copyright Act (“DMCA”):
The Company attempts to respect intellectual property rights. If you believe any materials on the Sites infringes your copyright(s), you may contact us to request the removal of such material. To make a request, please send written notice to the Company’s Copyright Agent at the address provided. Your notice must include: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is being infringed; (b) a description of the copyrighted work that you claim is being infringed, along with the URL or other specific location on the Sites where such work is located; (c) a statement by you that you have a good faith belief that the use of the copyrighted work that you claim is being infringed is not authorized by the copyright owner, its agent, or the law; (d) a statement by you, made under penalty of perjury, that the information contained in your notice is accurate and that you are the owner of the copyrighted work or are authorized to act on the copy right owner’s behalf; and (e) your contact information, including address, telephone number and email address.
Any content or materials you submit to the Company, via the Sites or by other means, shall be considered non-confidential and non-proprietary. You hereby agree to grant to the Company an unlimited, free and perpetual license in such content and materials and the Company may use such content or materials for any purpose whatsoever. You, and not the Company, shall be responsible for the content and/or materials you submit. The Company shall have no liability for or related to such content or materials whatever. Notwithstanding the foregoing, any personally identifying information shall be governed by the Privacy Statement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THE SITES AND MATERIAL PROVIDED THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND/OR REPRESENTATIVES WARRANT THAT YOUR USE OF THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; BE UNINTERRUPTED, ACCURATE, OR SECURE; FREE FROM VIRUSES, BUGS, OR OTHER ITEMS OF A HARMFUL NATURE OR THAT THE SAME WILL BE CORRECTED. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THE FOREGOING MAY NOT APPLY TO YOU.
YOUR USE OF THE SITES IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND/OR REPRESENTATIVES BE LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUR OF OR IN ANY WAY CONNECTED TO OR WITH THE USE OR THE INABILITY TO USE THE SITES OR THE MATERIALS CONTAINED THEREON, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. FURTHER, THE COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE INCURRED OR SUSTAINED BY YOUR COMPUTER, HARDWARE, DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE USE OF THE SITES AND YOU HEREBY ASSUME ANY COSTS ASSOCIATED WITH THE SERVICE, REPAIR AND/OR REPLACEMENT THEREOF. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, divisions, affiliates, officers, directors, employees, attorneys, agents, and/or representatives from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorney’s fees and costs, arising out of or in any way connected with your access to or use of the Sites.
Governing Law and Venue:
The Company has endeavored to comply with all legal requirements known to it in creating and maintaining the Sites, but makes no representation materials on the Sites are appropriate or available for use in any particular jurisdiction. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements and you agree not to access the Sites in any such jurisdiction.
The Sites may contain links to third party websites. By clicking these links, you will be taken to websites that are not under our control. These links are provided for your reference only and the inclusion of such links does not imply an endorsement, sponsorship, or association with the third party owner or operator of the websites or the material contained thereon.
The posting or transmission of any profane, obscene, unlawful, or otherwise inappropriate material is prohibited. If the Company determines that you have violated or are reasonably likely to violate such prohibition then the Company may, in addition to all other remedies available to it at law or in equity, take such measures as the Company, in its sole discretion, deems necessary or appropriate to remove the offending materials or otherwise cure the violation. Where permitted or required by law, the Company will provide information regarding such posts, including the identities of parties posting such materials, to comply with court order(s), or other legal or regulatory requirement(s).
The Company may make jobs available through the Sites. The Company is an equal opportunity employer and provides equal employment opportunities to qualified applicants without regard to race, color, religion, sex, national origin, age, veteran status or disability.
You or the Company may suspend or terminate your use of the Sites at any time, and for any or no reason.
If you have additional questions, you may contact us via the “Contact Us” portals located on the Company’s websites, or, you can reach us by using the following contact information:
E.C. Barton & Co., P.O. Box 16360, Jonesboro, AR 72403-6705
For copyright infringement claims:
E.C. Barton & Co., Attn: Copyright Agent, P.O. Box 16360, Jonesboro, AR 72403-6705
Copyright © 2018 E.C. Barton & Company. All Rights Reserved.