SHAKER SHUTTERS 0
SHAKER SHUTTERS

Privacy Policy

 

1.0 COLLECTION AND USE OF PERSONAL INFORMATION

Personal information is data that can be used to identify or contact a single person.  You may be asked to provide your personal information anytime you are in contact with ShakerShutters.com (“SHAKER” or collectively as “we”, “our” or “us” within this document) or a SHAKER affiliated company. SHAKER and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

 

2.0 PERSONAL INFORMATION WE COLLECT

When you create a SHAKER user account, contact us or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information.  When you share your content with family and friends using SHAKER products, send gift certificates and products, or invite others to participate in SHAKER services or forums, SHAKER may collect the information you provide about those people such as name, mailing address, email address, and phone number. SHAKER will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes.

 

3.0 HOW WE USE YOUR PERSONAL INFORMATION

  • The personal information we collect allows us to keep you posted on SHAKER’s latest product announcements, software updates, and upcoming events. If you don’t want to be on our mailing list, you can opt out anytime by updating your preferences.
  • We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
  • We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services.
  • From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with SHAKER, you may not opt out of receiving these communications.
  • We may also use personal information for internal purposes such as auditing, data analysis, and research to improve SHAKER’s products, services, and customer communications.
  • If you enter a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.

4.0 COLLECTION AND USE OF NON-PERSONAL INFORMATION

  • We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
  • We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where a SHAKER product is used so that we can better understand customer behavior and improve our products, services, and advertising.
  • We may collect information regarding customer activities on our website and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non‑personal information for the purposes of this Privacy Policy.
  • We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address.
  • With your explicit consent, we may collect data about how you use your device and applications to help app developers improve their apps.
  • If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

 

5.0 COOKIES AND OTHER TECHNOLOGIES

  • SHAKER’s websites, online services, interactive applications, email messages, and advertisements may use cookies and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non‑personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.
  • SHAKER and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with SHAKER more convenient and personal.
  • As is true of most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.
  • We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base. SHAKER may use this information in our marketing and advertising services.
  • In some of our email messages, we may use a “click-through URL” linked to content on the SHAKER website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.
  • Pixel tags enable us to send email messages in a format that customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

 

6.0 DISCLOSURE TO THIRD PARTIES

At times SHAKER may make certain personal information available to strategic partners that work with SHAKER to provide products and services, or that help SHAKER market to customers.  Personal information will only be shared by SHAKER to provide or improve our products, services, and advertising; it will not be shared with third parties for their marketing purposes.

 

7.0 SERVICE PROVIDERS

SHAKER may share personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever SHAKER operates.

 

8.0 OTHER ENTITIES

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for SHAKER to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.  We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

 

9.0 PROTECTION OF PERSONAL INFORMATION

SHAKER takes the security of your personal information very seriously.  When you use some SHAKER products, services, or applications or post on a SHAKER forum, chat room, or social networking service, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

 

10.0 INTEGRITY AND RETENTION OF PERSONAL INFORMATION

SHAKER makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

 

11.0 ACCESS TO PERSONAL INFORMATION

For personal information we hold, we will provide you with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if SHAKER is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

 

12.0 LOCATION-BASED SERVICES

To provide location-based services on SHAKER products, SHAKER and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your SHAKER computer or device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by SHAKER and our partners and licensees to provide and improve location-based products and services. For example, your device may share its geographic location with application providers when you opt into their location services.

 

13.0 THIRD PARTY SITES AND SERVICES

SHAKER websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties.  Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

 

14.0 COMPANYWIDE COMMITMENT TO YOUR PRIVACY

To make sure your personal information is secure, we communicate our privacy and security guidelines to SHAKER employees and strictly enforce privacy safeguards within the company.

 

15.0 PRIVACY QUESTIONS

  • If you have any questions or concerns about SHAKER’s Privacy Policy or data processing or if you would like to make a complaint about a possible breach of local privacy laws, please contact us.
  • All such communications are examined, and replies issued, where appropriate as soon as possible. If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances.
  • SHAKER may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.

 

Terms of Service

 

16.0 ORDER POLICY

It is understood by you that all products are custom cut to the specifications that you provided and, as such, returns are not accepted for any order placed on SHAKER, except in cases of manufacturer defect or incorrect fulfillment.  By checking the box on our shopping cart page prior to checkout you agree to the terms and conditions defined here in our Terms of Service (“TOS”). ALL SALES ARE FINAL.

 

17.0 SHUTTER MEASUREMENTS

All shutter measurements entered by you during the checkout process are understood to be per shutter and NOT the measurement of the entire opening of the window. SHAKER guarantees that the shutters we deliver to you will be within +/- three quarters of an inch (3/4”) of the measurements you provided to us, for both height and width. ALL SALES ARE FINAL.

 

18.0 PAINT COLORS

Due to the imperfect nature of paint color blending, no two batches of paint will be the identical and colors may vary slightly.  All paint colors depicted on our site and collaterals are to be used as general reference and in no way a guarantee of an exact match to the end color delivered.   It is understood by you that colors may appear differently on a computer monitor than the actual colors used for painting.  Variations in paint colors on your delivered shutters from what appear on the website or collaterals are not considered a manufacturer defect nor a basis for a refund or product exchange.  ALL SALES ARE FINAL.

 

19.0 COMPLETENESS AND ACCURACY OF INFORMATION

We try hard to keep the site as current and accurate as possible; however, we do not guarantee that the information made available on this site is always entirely accurate, complete or current. Any reliance on the material on this site is at your own risk.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

20.0 PRICING MODIFICATIONS

Pricing for our products is subject to change without notice.  We reserve the right at any time to modify or discontinue our service (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any service or product.

 

21.0 OTHER PRODUCT INFORMATION

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the site will be corrected.

 

22.0 ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

23.0 THIRD PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools on an ‘as is’ and ‘as available’ basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these TOS.

 

24.0 USER SUBMISSIONS

If, with or without a request from us you, you send to us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TOS.  You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third-party.

 

25.0 ERRORS AND OMISSIONS

Occasionally there may be information on our site or within our service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information our service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information within our website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date is applied on any related website, should be taken to indicate that all information on any related website has been modified or updated.

 

26.0 PROHIBITED USES

In addition to other prohibitions as set forth in the Privacy Policy and TOS, you are prohibited from using the site or its content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of our service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our service or any related website for violating any of the prohibited uses.

 

27.0 AGE OF CONSENT

By agreeing to these TOS, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use and to order from this site.

 

28.0 DISCLAIMER OF WARRANTIES

The services and all products delivered to you by SHAKER are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  SHAKER does not warrant its products against any defects caused by (1) events beyond our reasonable control, including but not limited to lightning, flood, earthquake, fire, excessive wind and other extreme weather events, accidents, abuse, misuse or negligence; (2) your failure to maintain our products in good working order; (3) damage caused during the installation or removal process; and (4) damage caused by strikes by balls, flying debris or other objects.

 

29.0 LIMITATION OF LIABILITY

In no case shall SHAKER, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our service or any products procured using our service, or for any other claim related in any way to your use of our service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our service or any content (or product) posted, transmitted, or otherwise made available via our service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

30.0 INDEMNIFICATION

You agree to indemnify, defend and hold harmless SHAKER and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Privacy Policy or TOS or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

31.0 SEVERABILITY

In the event that any provision of this Privacy Policy or TOS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Privacy Policy or TOS, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

32.0 TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These TOS are effective unless and until terminated by either you or us. You may terminate these TOS at any time by notifying us that you no longer wish to use our services, or when you cease using our site.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Privacy Policy or TOS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

 

33.0 HEADINGS NOT CONTROLLING

The headings used in this agreement are included for convenience only and will not limit or otherwise affect the enforceability of any of the terms and conditions defined and outlined within this Privacy Policy or TOS.

 

34.0 ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of this Privacy Policy or TOS shall not constitute a waiver of such right or provision.  This Privacy Policy and TOS and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of our service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Privacy Policy and TOS).  Any ambiguities in the interpretation of this Privacy Policy and TOS shall not be construed against SHAKER.

 

35.0 GOVERNING LAW

This Privacy Policy and TOS, and any other contractual documents provided to you by SHAKER, shall be governed by the laws of Fulton County, Georgia 30004.

 

36.0 CHANGES TO TERMS OF SERVICE

You can review the most current version of the TOS at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these TOS by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these TOS constitutes acceptance of those changes.

 

37.0 PROMOTIONS AND DISCOUNTS

All promotions and discounts are subject to availability. Discounts and promotional codes are limited to single use and are not available for use in combination with other discounts. Promotions and discounts are valid for use on full retail price only. Current promotions and discounts may not be applied, and are not valid for use, on past, pending, or future orders unless agreed to, in writing, by SHAKER.