Privacy policy

EFFECTIVE AS OF DECEMBER 5, 2020

 

Your privacy is an important priority for us. In accordance with the requirements of the General Data Protection Regulation (GDPR), this Privacy Policy describes how your personal information is collected, used, and shared by Lemery & Co. Inc. (“Us” or “We”) when you use our Services, visit or make a purchase from www.lemerygames.com (the “Site”). By using this site and/or any of our Services, as defined below, you agree to this Privacy Policy and to our Terms of Service. Let us know if you have any questions by emailing us at hello@lemerygames.com.

 

Our Privacy Policy does not apply to your activities on the websites of social networks or other providers (Facebook, Instagram, Kickstarter etc.) that you can reach via the links on our websites. Please check the websites of these providers for their data protection regulations.

 

TABLE OF CONTENTS

 

  1. PERSONAL INFORMATION WE COLLECT

    1. Device Information

    2. Contact Information

    3. Order Information

  2. HOW DO WE USE YOUR PERSONAL INFORMATION?

  3. SHARING YOUR PERSONAL INFORMATION

    1. Behavioural advertising

  4. YOUR RIGHTS

  5. DATA RETENTION

  6. SECURITY

  7. CHANGES

  8. CONTACT US


 

PERSONAL INFORMATION WE COLLECT

 

When you use our Services, we collect information about you, including personal information. The specific types of personal information collected varies with the activity but may include the following.

 

DEVICE INFORMATION

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

 

We collect Device Information using the following technologies:

 

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

  • “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

   

We may also obtain data from third parties including:

 

  • Social networks, when you grant permission to us to access your data on one or more networks through our website.

  • Service providers, who help us to determine a location based on your IP address in order to customize offerings and content to your location.

  • Partners with whom we offer co-branded services or engage in joint marketing activities.

  • Advertising partners who set tracking tools (e.g., cookies) to collect information regarding your activities

 

CONTACT INFORMATION

When you get in touch with Lemery & Co. or use our Services, we shall collect your personal data. We refer to this information as “Contact Information”. Some of the ways you may provide your Contact Information are as follows:

  • Contact us proactively via email, via the Get in touch Form or by subscribing to our newsletter, we shall collect your personal data (name, email address, message text). The purpose of the data processing is to handle and respond to your contact request. Individuals who provide us with personal information, or whose personal information we obtain from third parties may receive periodic emails, newsletters, or mailings from us with information on our Products and Services or upcoming offers/events we believe may be of interest. You can opt-out from receiving such communications at any time using our Get in touch Form on the Site or by the unsubscribe link included at the bottom of the newsletter.

  • Back our campaign on Kickstarter. Kickstarter will provide us with your information (name, email address, address, details of your purchase etc.) so that we can fulfill your reward once a project is backed. We may also use this information to send you news and updates from Lemery & Co.

  • Participating in surveys. From time to time, we may ask you to participate in surveys. If you do decide to participate, you may be asked to provide certain information which may include personal information (name, age, gender, nationality, location, hobby & interest, etc.)

  • Registering & participating in events or contests. Occasionally, we may invite you to special events. Any personal information you provide may be used to reach out to you regarding the event for which you registered. These events might be recorded, which means pictures and videos may be collected as well. In such cases, you will be informed in advance or at the time of recording. This material may be used later by us for marketing and business purposes. Also, during the course of these events, we may collect data about yourself, which we may use in order to receive feedback and/or provide further commercial information about us.

All Contact Information collected from you is provided by you voluntarily. We may use this information to improve our Products, Services and in any manner that is consistent with this Privacy Policy.

 

ORDER INFORMATION

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card details, email address, and phone number).  We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we refer to both Device Information, Contact Information and Order Information.


 

HOW DO WE USE YOUR PERSONAL INFORMATION?

 

We use the Device Information that we collect to ensure access to our Site and Services, help us screen for potential risk and fraud (in particular, your IP address), to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

 

We use the Contact Information that we collect to answer your queries, support and contact requests; to administer events and initiatives; to promote our brand, products, initiatives and values with marketing communications; to manage, administer and fulfill the obligations under contracts, and regulations; for Research and Development.

 

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to:

  • Communicate with you;

  • Screen our orders for potential risk or fraud; and

  • When in line with the preferences you have shared with us, provide you with information or advertising relating to our Products or Services.


 

SHARING YOUR PERSONAL INFORMATION

We may share your Personal Information with third party service providers to perform a variety of services on our behalf, including, but not limited to: hosting and other internet services, data storage and analytics, marketing research and campaign management, e-mail and newsletter delivery, event organization, photography & video recording, payment processing, product shipments. We direct and rely on representations of these third party service providers to maintain the confidentiality of your information and to use your information only to provide services on our behalf. 

 

For example, we use

 

We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

 

BEHAVIOURAL ADVERTISING

In order to provide you with targeted advertisements and/or marketing communication we use so-called retargeting technologies. We may use third-party advertising partners to set tracking tools (e.g., cookies) to collect information about your interest in our Products and Services. This is done anonymously, i.e. you cannot be identified by retargeting.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at

http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

You can opt out of targeted advertising here:

 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:  http://optout.aboutads.info/.


 

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

 

Additionally, if you are a European resident please note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information may be transferred, processed and stored outside of Europe, including but not limited to Canada and the United States.


 

DATA RETENTION

We will retain your personal information for the period necessary to fulfill the purposes for which it was collected (eg. provide our Services, pursue legitimate business purposes, comply with applicable laws etc.) for our records unless and until you ask us to delete this information.


 

SECURITY

We use reasonable technical and organizational measures to protect personal information managed by us. Unfortunately, data transmission or data storage over the Internet can not be guaranteed to be 100% secure. We are constantly improving our security measures in line with technological developments, but If you have any reason to believe that your interaction with us is no longer secure, please notify us of the problem immediately through our contact information.


 

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.


 

CONTACT US

For more information, further questions or complaints, please contact us by e-mail at hello@lemerygames.com or by mail using the details provided below:

 

Lemery & Co. Inc.

677 N Washington Blvd apt57, Sarasota, FL, FL 34236, United States

 

 

 

Cookie Policy

EFFECTIVE AS OF DECEMBER 5, 2020

 

TABLE OF CONTENTS

 

  1. OVERVIEW

  2. TYPES OF COOKIES

    1. Essential cookies

    2. Functional cookies

    3. Analytics cookies

    4. Advertisement cookies


 

OVERVIEW

We use cookies to provide you with the best website experience we can. Cookies are small pieces of information sent by a web server to a web browser which allows the server to uniquely identify the browser on each page. They enable the system to tell if you repeatedly visit our website from the same device. We may also use other tracking technologies, such as pixel tags and tracking URLs. We are referring to all these technologies “Cookies” in this Cookie policy.

We use cookies for important reasons, such as:

  • To provide a great experience for your visitors and customers

  • To monitor and analyze the performance, operation and effectiveness of the Site

  • To ensure our platform is secure and safe to use

 

TYPES OF COOKIES

The types of Cookies that we use on our Site, and the purposes for which they are used, are set out below. 

 

 

ESSENTIAL COOKIES

These cookies are required to enable you to navigate through the website and use key functions.

 

FUNCTIONAL COOKIES

These cookies allow our Site to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.

 

ANALYTICS COOKIES

These cookies collect information about how you and other visitors use our Site. They used to evaluate user behavior anonymously, which helps us to continuously further develop our website for you. All information these cookies collect is aggregated. 

  • Google Analytics: This cookie is used to distinguish unique users by assigning a randomly generated number as a client identifier. It is included in each page request in a site and used to calculate visitor, session and campaign data for the sites analytics reports. Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/. Please note that on this website, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so called IP-masking). To opt-out please visit: https://tools.google.com/dlpage/gaoptout

 

ADVERTISEMENT (MARKETING) COOKIES

Advertisement cookies are used for marketing and retargeting purposes. They help us to display relevant advertising content for you. If you elect to suppress marketing cookies, you will continue to see the same amount of advertising, but it may be less relevant for you. This information cannot be traced back to a person. They are usually placed by advertising networks with the website operator’s permission.

  • Facebook: Facebook Customer Audience service and the Facebook pixel helps us to optimize our advertising offering, provided you have given the relevant consent to Facebook. You can read more about Facebook services and privacy information here: https://www.facebook.com/privacy/explanation 

Further information along with setting options for protecting your personal privacy for advertising purposes is available from the Facebook privacy guidelines at https://www.facebook.com/ads/website_custom_audiences/.

 

We require your consent for the use of some Cookies. You can give your consent either by clicking on 'Accept Cookies' on the cookie banner displayed on the landing page of our website or by browsing the Site outside the cookie banner and clicking on any of the items on the Site. 

 

If you do not want to allow Cookies at all, or only want to allow use of certain Cookies, please refer to your browser settings. You can also use your browser settings to withdraw your consent to our use of Cookies at any time and delete Cookies that have already been set. Please note that by deleting our cookies or disabling future Cookies you may not be able to access certain areas or features of our Site.

 

To find out more about Cookies please visit: www.allaboutcookies.org or see www.youronlinechoices.eu which contains further information about behavioral advertising and online privacy.

Terms of service

EFFECTIVE AS OF DECEMBER 5, 2020 

 

TABLE OF CONTENTS

 

  1. OVERVIEW

  2. ONLINE STORE TERMS

  3. GENERAL CONDITIONS

  4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  5. MODIFICATIONS TO THE SERVICE AND PRICES

  6. PRODUCTS OR SERVICES

  7. ACCURACY OF BILLING AND ACCOUNT INFORMATION

  8. THIRD-PARTY LINKS

  9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

  10. PERSONAL INFORMATION

  11. PROHIBITED USES

  12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  13. INDEMNIFICATION

  14. SEVERABILITY

  15. TERMINATION

  16. ENTIRE AGREEMENT

  17. GOVERNING LAW

  18. CHANGES TO TERMS OF SERVICE

  19. CONTACT INFORMATION


 

OVERVIEW

 

This website is operated by Lemery & Co. Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Lemery & Co. Inc.. Lemery & Co. Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our Site is hosted by Shopify Inc. They provide us with the online platform that allows us to showcase our products and services to you.


 

ONLINE SITE TERMS

 

By agreeing to these Terms of Service, 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 this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.


 

GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. 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.

 

MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the 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 the Service.


 

PRODUCTS OR SERVICES

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 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 in the Service will be corrected.


 

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.


 

THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

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 Terms of Service.

 

You agree that your comments 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 comments 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


 

PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. 


 

PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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.

 

In no case shall Lemery & Co. Inc., 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 the service or any products procured using the service, or for any other claim related in any way to your use of the 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 the service or any content (or product) posted, transmitted, or otherwise made available via the 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.


 

INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Lemery & Co. Inc. 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


 

SEVERABILITY

 

In the event that any provision of these Terms of Service 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 these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


 

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 Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 these Terms of Service, 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).


 

ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the 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 Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


 

GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 677 N Washington Blvd apt57, Sarasota, FL, FL 34236, United States.


 

CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


 

CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at hello@lemerygames.com.