BY USING THE SITES, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES.
Section
YOUR CALIFORNIA PRIVACY RIGHTS
This privacy policy applies only to information collected on the Sites and does not apply to information collected by Midway Importing through any other means.
We collect two types of information from visitors to the Sites: (1) Personally Identifiable Information; and (2) Non- Personally Identifiable Information, such as your IP address or cookies.
(1) Personally Identifiable Information
"Personally Identifiable Information" is information that identifies you personally, such as your name, address, telephone number, email address, or company name. Midway Importing collects and stores the personally identifiable information that you have provided to us on the Sites, including as follows:
We may collect your first and last name and product or service details if you contact us with a question related to our products or services;
We may collect your first and last name, mailing address and billing information if you purchase a product or service on the Sites;
We may collect registration details about a product that you purchase from Midway Importing and this information may be tied to your name and mailing address;
We may collect your first and last name, mailing information, email address and billing information if you download information from a Site;
We may collect your name, email address or phone number if you contact us with a question;
We may collect your first and last name, date of birth and email address if you choose to participate in a contest or sweepstakes; and/or;
We may collect your name and mobile phone number if you consent to receive autodialed and/or pre-recorded telemarketing messages from or on behalf of us at your mobile number.
If you do not want Midway Information to collect your personally identifiable information, please do not provide it to us.
(2) Non-Personally Identifiable Information
"Non-Personally Identifiable Information" can be technical information, or it can be demographic information, such as your age, location, gender or interests. Non-personally identifiable information does NOT identify you personally. Here are some examples of the non-personally identifiable information that is collected via the Sites:
Internet Protocol (IP) address -- Your IP address is a number that lets computers attached to the Internet know where to send you data -- such as the webpages you view.
Cookie -- A "cookie" is a small text file that may be used to collect information about your activity on the Sites. For example, when someone visits a page within the Sites, a cookie is placed on the user's machine (if the user accepts cookies) or is read if the user has visited the Sites previously. Cookies may also be used to track users across the Web. We use the information we collect from cookies for marketing and product planning purposes. Collected data may also be shared, in aggregate form, with third-parties (e.g., dealers, marketers, and distributors). We do not currently honor any “do-not- track” signal sent by browsers. However, you may opt-out of targeted advertising from National Advertising Initiative members by visiting http://www.networkadvertising.org/choices/. You may also set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Sites. Additionally, some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain non-personally identifiable information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.
Web Beacons (also known as "clear gifs," "web bugs" or "pixel tags") -- "Web Beacons" are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Sites and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages.
Product Information -- We may collect registration information or other details about your product or service. Unless this information is tied to your name or address, it is not considered personally identifiable. We may collect the above non-personally identifiable information from all visitors to our Sites. If you do not want Midway Importing to have access to this information, please do not visit our Sites.
B. Use of Information Collected Via the Sites
(1) Personally Identifiable Information
We use your personally identifiable information that is collected on these Sites primarily for the following purposes: To deliver services; To alert you to special offers, updated information and other new products or services from Midway Importing, or other third parties, or to forward promotional materials to you (subject to your right to opt out of receiving such alerts or promotional materials as outlined in Section F below); To complete a transaction or service requested by you; To ensure the Sites are relevant to your needs; To help us create and publish content most relevant to you; To notify you about a material change to this privacy policy or our Terms of Use, if necessary; To allow you access to limited- entry areas of the Sites; and To contact you in response to sign up forms such as Contact Us or other inquiry. In addition, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personally identifiable information in order to fulfill the terms of that promotion.
(2) Non-Personally Identifiable Information
Non-personally identifiable information is used as described above and in other ways as permitted by applicable laws, including combining non-personally identifiable information with personally identifiable information.
C. Sharing and Disclosure of Information
(1) Personally Identifiable Information
We may share or disclose your personally identifiable information in the following instances: To our subsidiaries and affiliates in order to better serve you. Midway Importing may have to share your data with these parties in order to provide you with services that have been requested by you, or so that we can ensure our services and products are meeting your needs.
To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on Midway Importing's behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personally identifiable information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Sites will have access to users' personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personally identifiable information to us.
To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process or other government requests served on us (including in response to lawful requests by public authorities to meet national security or law enforcement requirements), protect and defend our rights or property, including the rights and property of Midway Importing, or act in urgent circumstances to protect the personal safety of our end users.
To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
To protect against potential fraud, we may verify with third parties the information collected from these Sites. In the course of such verification, we may receive personally identifiable information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.
Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your personally identifiable information to any third parties.
(2) Non-Personally Identifiable Information
We use non-personally identifiable information collected on the Sites in the manner disclosed above, in the Section A (2). We may share this non-personal information with our fulfilment partners for research and statistical purposes.
D. Collection and Use of Information from Children Under the Age of 13 Midway Importing does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to use the Sites. If you are under 13, please do not attempt to register on the Sites or send us any Personal Information.
E. Opt-Out
From time to time, we communicate with users who subscribe to our services via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional and you have consented to receiving such e-mails by providing your email address.
However, we provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on the Sites. For e-mails, the opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where personally identifiable information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until we have had time to make the opt out effective. You also may opt-out of receiving such emails by clicking on the "unsubscribe" link within the text of the email. For text messages, should you choose to “unsubscribe” or stop receiving such messages, you can contact us directly at Midway Importing or reply with the message “STOP” to a message after it is received. Further, you hereby confirm consent to receiving a confirmatory message in response to your STOP request. Message and data rates may apply.
F. Forums, Chat Rooms and Other Public Posting Areas
Please note that any information you include in a message you post to any product review board, chat room, forum or other public posting area is available to anyone with Internet access. If you don't want people to know your e-mail address, for example, don't include it in any message you post publicly.
G. Third Party Web Sites This statement applies solely to information collected on the Sites. The Sites may contain links to other web sites. We are not responsible for the privacy practices or the content of these other web sites.
With respect to purchase transactions through the commerce solution which is accessible through the Sites, end users may be required to provide personally identifiable information (including credit card information) directly to a third party retailer in connection with the sale of products through the Sites, and any information so disclosed to such third party shall be governed by such third party’s privacy policy.
H. Assignment
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Sites.
I. Changes to this Privacy Policy We reserve the right to change this privacy policy from time to time in our sole discretion. When we do, we will also revise the "last update" date at the bottom of this privacy policy.
J. Security No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to Midway Importing is done at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.
If we learn of a security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using these Sites or providing personally identifiable information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of these Sites. We may post a notice on our Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
K. Governing Law / Venue / Forum This Agreement shall be governed by the laws of the State of Texas and by the federal laws of the United States, excluding their conflicts of laws provisions. Without prejudice to the procedure for making inquiries or complaints under the Privacy Shield Framework, as outlined below, all disputes, controversies and disagreements between the parties arising out of or related to this privacy policy shall be exclusively submitted for, resolved and finally settled by, binding arbitration. The arbitration shall be conducted by three (3) arbitrators exclusively in Harris County, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The Parties waive any objection that might be made on the ground that such venue may be in an inconvenient forum.
L. Contacting Midway Importing If you have any questions about this privacy policy or our privacy practices, please contact us at Midwayimporting.com or write to us at:
Midway Importing
1807 Brittmoore Rd
Houston, Texas 77043
All information you provide in any written communication will also be covered by this policy.
If you believe that Midway Importing is processing your personal data within the scope of its Privacy Shield certification, you may direct any inquiries or complaints concerning its Privacy Shield compliance in the following ways:
(1) In the first instance, please send your inquiry or complaint to Midway Importing or by writing to the following mailing address:
Midway Importing
1807 Brittmoore Rd
Houston, Texas 77043
Midway Importing will respond within 45 days.
(2) If you are not satisfied with Midway Importing's response, or for complaints that cannot be resolved with Midway Importing directly, Midway Importing has committed to refer unresolved privacy complaints under the Privacy Shield via the American Arbitration Association – International Centre for Dispute Resolution, an alternative dispute resolution provider located in the United States. If you do not receive a timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by us, please write Midway Importing or for more information and to file a complaint directly with the AAA. (3) Further, your complaint can be made or referred to the US Department of Commerce or the Federal Trade Commission for further investigation.
(4) If you do not resolve your complaint via one of the above routes, a binding a Midway Importing arbitration option will also be made available to you to address such residual complaints under certain conditions.
Midway Importing's commitments under the Privacy Shield are subject to the investigatory and enforcement powers of the United States Federal Trade Commission.
Attn: Consumer Relations
YOUR CALIFORNIA PRIVACY RIGHTS Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding Midway Importing disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us:
Midway Importing
1807 Brittmoore Rd
Houston, Texas 77043
Dates Effective Date: March 1, 2022