TERMS & CONDITIONS
CONDITIONS OF USE
Welcome to our online store! Branding Hatch and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Branding Hatch or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Branding Hatch or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Branding Hatch, with copyright authorship for this collection by Branding Hatch, and protected by international copyright laws.
TRADE MARKS
Branding Hatch’s trademarks and trade dress may not be used in connection with any product or service that is not Branding Hatch’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Branding Hatch. All other trademarks not owned by Branding Hatch or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Branding Hatch or its subsidiaries.
LICENSE AND SITE ACCESS
Branding Hatch grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Branding Hatch. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Branding Hatch. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Branding Hatch and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Branding Hatch’s name or trademarks without the express written consent of Branding Hatch. Any unauthorized use terminates the permission or license granted by Branding Hatch. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Branding Hatch so long as the link does not portray Branding Hatch, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Branding Hatch logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Branding Hatch and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Branding Hatch reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Branding Hatch and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Branding Hatch and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Branding Hatch or its associates for all claims resulting from content you supply. Branding Hatch has the right but not the obligation to monitor and edit or remove any activity or content. Branding Hatch takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Branding Hatch are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Branding Hatch and its associates attempt to be as accurate as possible. However, Branding Hatch does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Branding Hatch itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Branding Hatch ON AN “AS IS” AND “AS AVAILABLE” BASIS. Branding Hatch MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Branding Hatch DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Branding Hatch DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Branding Hatch ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Branding Hatch WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Branding Hatch, you agree that the laws of the state of Wisconsin, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Branding Hatch or its associates.
DISPUTES
Any dispute relating in any way to your visit to Branding Hatch or to products you purchase through Branding Hatch shall be submitted to confidential arbitration in Illinois, USA, except that, to the extent you have in any manner violated or threatened to violate Branding Hatch’s intellectual property rights, Branding Hatch may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Branding Hatch. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
PRIVACY POLICY
Privacy Policy
Welcome to Branding Hatch’s Privacy Policy!
Branding Hatch respects the privacy of its users and is fully committed to protect their personal data and use it in accordance with legal obligations. This Privacy Policy describes how we may collect and use personal data and the rights granted to our visitors, customers, and merchants regarding their respective data.
By accessing or using this website or any of our Services, you signify your approval of the terms set out in this Privacy Policy, Cookie Policy, Terms of Service, and other terms and policies posted on our website. If you do not agree to this Privacy Policy, you must leave this website and discontinue all use of any of our Services.
1. Information we collect
1. 1. Information collected from Merchants
If you are providing us with personal data relating to another individual, you are to be considered as a Merchant, where data are processed as follows.
If you are a Merchant, you agree to comply with data protection laws applicable to your business. Furthermore, you agree that you acquire legal basis for the processing of personal data of your Customer, including, but not limited to, the use and access of the respective personal data by Branding Hatch and other third parties used by Branding Hatch for the provision of its Services.
What information do we collect from Merchants?
We collect the following data to confirm your identity, contact you, invoice you, and otherwise provide our Services.
• Company name
• Address
• Email address and phone number
• Payment details
To give you access and to improve our Services, we may collect data about:
• How and when you access your account
• Information about the device and browser you use
• Your network connection
• Your IP address
For us to be able to provide you our Services and support, to process orders, for you to better serve your Customers, and to improve our Services, we collect information about your Customers:
• Name, surname, company name
• Shipping and billing address
• Email address and phone number
• IP address and device data
• Other information that you share with us or that customers provide while using our Services or during checkout
When you give us your permission, we might use personal data for other purposes as well.
Upon starting to use our Services we may process your email address to send you informative materials, such as newsletters, advertisements and others. At any point in time you can unsubscribe from receiving the above-mentioned information in our email footers and through your notification settings on Branding Hatch. We will not use the contact details of your Customers to directly advertise our Services to them.
1. 2. Information collected from our Users
If you use our Services to place personal orders without processing the data of third parties, you are to be considered as the User, where data are processed as follows.
What information do we collect from Users?
We collect the following data to confirm your identity, contact you, invoice you, and otherwise provide our Services.
• Name, surname, company name
• Shipping and billing address
• Email address and phone number
• Payment details
• IP address and device data
• Other information that you share with us while using our Services or during checkout
We collect the above-mentioned personal data when the User uses or accesses our Services, places an order, or signs up for an account on our website.
Upon starting to use our Services or when you subscribe to our blog or newsletters, we may process your email address to send you informative materials. At any point in time you can unsubscribe from receiving the above-mentioned information in our email footers and through your notification settings on Branding Hatch.
1. 3. Information collected from Branding Hatch website visitors and users
Upon visiting our website, requesting customer support, or subscribing to our blog, we may collect and process the following information related to you.
What information do we collect from website visitors?
To provide you with a better customer experience and to improve our Services, we may collect the following information about:
• Your device and browser
• Your IP address
• Other information that is collected from cookies and similar technology we use. To ensure a smooth customer support experience, we process information that you provide on our website (eg. in chat or on the comment section of our blog), in emails, or through other means of communication you have used. For this purpose, we may process:
• Your name
• Email address
• Website address
• Any information that you share
• IP address
We use this information to provide and enhance our Services and answer any questions you may have.
2. Sharing personal data with third parties
In order for Branding Hatch to provide you with our Services, we work with third parties with whom we may share personal data to support these Services. Your personal data may be shared with third parties who provide hosting and server co-location services, communications and content delivery networks, data and cyber security services, billing and payment processing services, fraud detection and prevention services, web analytics, email distribution and monitoring services, session recording services, marketing services, our legal and financial advisors, among others (together – “Third Party Service Providers”). The Third Party Service Providers may only receive the minimum amount of personal data necessary, depending on their particular roles and purposes in facilitating and enhancing our Services and business, and may only use it for such purposes. We will only share personal data to Third Party Service Providers that have undertaken to comply with obligations set out in applicable data protection laws.
Note that while our Service may contain links to other websites or services, we are not responsible for each respective website’s or service’s privacy practices, and encourage you to be aware when you leave our Services and read the privacy statements of each and every website and service you visit. This Privacy Policy does not apply to third-party websites and services.
If you are a Merchant, by using our Services you are providing us with irrevocable consent to use any Third Party Service Provider at our discretion for the purposes of providing the Service.
Branding Hatch remains responsible for the processing of personal data carried out by Third Party Service Providers that Branding Hatch has engaged with for respective data processing in accordance with applicable laws.
In certain circumstances, we may also be required to share information with third parties to conform to legal requirements or to respond to lawful requests by public authorities as well as to protect our, or a third party’s, lawful interests.
3. Retention periods
We may retain your personal data, as well as your Customers’ information, for as long as your relationship with us is active by having a Branding Hatch account, or as otherwise needed to provide you our Services.
After terminating your relationship with us by deleting your Branding Hatch account or otherwise ceasing to use our Services, we may continue to store copies of your and your Customers’ personal data as reasonably necessary to comply with our legal obligations, to resolve disputes between you and us or you and your Customers, to prevent fraud and abuse, to enforce our agreements, and/or to protect our legitimate interests.
4. Data subject’s rights
If you are located in the European Economic Area, in accordance with European Union data protection regulations, you have certain rights with respect to your personal data.
You have the right to request access to your personal data and to correct, amend, delete, or limit the use of your personal data by logging into your Branding Hatch account or by reaching us using the contact information provided below. Furthermore, if you believe that we have unlawfully processed your personal data, you have the right to submit a complaint to the contact information provided below, or to your respective data protection supervisory authority. If you are the Customer of a Merchant, please contact the Merchant to exercise your data subject’s rights stated above.
5. Information security
We seek to use reasonable organizational, technical, and administrative measures to protect the confidentiality, integrity, and availability of personal data. Unfortunately, no data transmission or storage system is guaranteed to be 100% secure, therefore we cannot guarantee absolute security of information. We encourage you to take care of the personal data in your possession that you process online and set strong passwords for your Branding Hatch account, limit access of your computer and browser by signing off after you have finished your session, and avoid providing us with any sensitive information whose disclosure you believe could cause you substantial harm.
All of Branding Hatch’s authorized personnel involved in the processing of your and your Customer’s personal data have committed themselves to confidentiality obligations and shall not access or otherwise process your personal data without your authorization if it’s not for the purposes of providing you our Services.
In the event that we experience a personal data breach, we will notify you (as a Merchant or a User) in compliance with the obligations set out in applicable laws.
6. International transfers of data
All the information you provide may be transferred or accessed by Branding Hatch, its affiliated companies and subsidiaries around the world for the provision of our Services as described in this Privacy Policy. When we transfer your information globally we will take necessary measures to ensure adequate protection of your information.
7. Privacy Policy changes
We may occasionally amend this Privacy Policy, for example in cases when we introduce new services or new features. The amendments to this Privacy Policy enter into force and are applied from the moment they have been uploaded to this page.
Therefore, we encourage you to check this page from time to time. By continuing to use our Services or otherwise providing personal data to us, after the amendments to this policy have been implemented, you agree to the updated terms of Privacy Policy.