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PRIVACY POLICY

Introduction

This Privacy Policy (“Policy”) is a LEGAL and BINDING AGREEMENT between you and Indy at Home, LLC (“Indy at Home”).  Please review this Policy fully before you access and/or use Indy at Home’s website, located at http://www.indyathome.com (the “Website”), Indy at Home’s application (the “App”), or any of Indy at Home’s social media sites (the “Social Media Sites”), as described below.  As used in this Policy, the word “Sites” shall include Indy at Home’s Website, App and Social Media Sites.

The Sites are intended to be a safe environment for anyone who accesses and/or uses them or transmits, posts, or receives information, including without limitation software codes, and all sorts of other information in any and every format, including text, graphic designs, still images, videos, and any and every format, now existing or that may be created in the future (the “Content”).

Indy at Home has created this Policy to demonstrate our commitment to the privacy of users of our Website.  This Policy governs your access and use of this Website, and Indy at Home’s privacy practices with respect to the Website, App and Indy at Home’s Social Media Sites.  By using Indy at Home’s Sites, you consent to the collection, processing, use, disclosure and retention of your information by Indy at Home as described in this Policy.  You will also be subject to any additional terms posted with respect to individual sections of Indy at Home’s Sites, which also govern your use of Indy at Home’s Sites.  These additional terms include, without limitation the Terms of Service (“Terms of Service”) for Indy at Home’s Sites and the Return and Change Order Policy (“Return Policy”).

Your Acceptance of this Policy

If you do not agree to this Policy, you are directed to discontinue using and accessing Indy at Home’s Sites.  Indy at Home reserves the right to change or update this Policy at any time and without prior notice.  Your continued access or use of Indy at Home’s Sites after such changes or updates indicates your acceptance of the Policy as changed or updated.  It is your responsibility to review this Policy regularly.  This Policy was last updated on August 25, 2016.

Collection, Processing, Use, Disclosure and Retention of Information About You

When you use the Website, Indy at Home automatically tracks certain information about you. This information includes your Internet Protocol (IP) address, your Internet browser and version, your operating system, the Internet site or URL from which you came from prior to landing on Indy at Home’s Sites, the date and time that you access or use our Sites, geolocation information, metadata information, searches that you conduct, the fact that you visited the Sites, the pages that you visit within the Sites, and the Internet site or URL to which you go upon leaving Indy at Home’s Sites.  Indy at Home reserves the right to use this information, in an aggregated and non-personally identifiable form only, to monitor the Sites’ performance, utilization of features and services, traffic trends, and other analytical and optimization information.

“Cookies”, “web beacons”, Internet tags, pixel tags, and clear GIFs (collectively, “Cookies”) are pieces of information that may be placed on your computer by a website, social media site or platform, or application for the purpose of facilitating and enhancing its communications and interactions with you.  Indy at Home may use cookies to (i) customize your visitation experience, (ii) deliver Content consistent with your stated interests, (iii) provide you with custom-tailored Content, and (iv) save your password (if you have registered with the Site) so that you do not have to re-enter it each time that you visit the Site.  By showing Indy at Home how and when its users use the Site, cookies also help Indy at Home ascertain which areas are popular and which are not.  Improvements and updates to the Site may be based on data such as total number of visitors and pages viewed.  Most Internet browsers are initially set to accept cookies. You can, however, set your Internet browser to refuse cookies.

Except as otherwise provided in this Policy or Indy at Home’s Terms of Service or Return Policy, Indy at Home will not share, sell, trade or rent your personally identifiable information to third parties without your advance written permission or as required by law.  When you register to use any of our Sites, and/or when you submit personal information to Indy at Home or any of the Sites, Indy at Home may ask you to provide certain personally identifiable information about yourself, such as your name, address, zip code, phone number, and email address. When you communicate with Indy at Home via email, telephone, fax or otherwise, Indy at Home may become privy to additional personally identifiable information about you.  Indy at Home may use your information to market and/or sell products and services to you.  By registering, you expressly opt-in and consent to Indy at Home contacting you subject to applicable law.

When you provide any personal information to Indy at Home by way of the Sites, you understand and consent to the collection, processing, use, disclosure and retention of such information by on or behalf of Indy at Home in the United States and/or any other country or jurisdiction, to the maximum extent permitted by such applicable laws.  Indy at Home’s collection of personal information shall be limited to the purposes identified by Indy at Home in this Policy or Indy at Home’s Terms of Service.  You may withdraw such consent as provided in this Policy or Indy at Home’s Terms of Service, provided that pursuant to law or other reasons, there may be circumstances in which you may not withdraw your consent to the collection, processing, use, disclosure and retention of your information.  In any such case of your withdrawal of consent, you acknowledge that it may require a period of time before Indy at Home fully implements your request and you may therefore still be contacted by Indy at Home for a period of time thereafter in connection with prior consent.  Notwithstanding your withdrawal of any consent, Indy at Home may still subsequently contact you for other purposes that are unrelated to marketing and/or selling, including without limitation legal or regulatory purposes.  Please be aware that applicable law may require or permit the collection, processing, use or retention of your information without your consent.

If Indy at Home sells or transfers all or a portion of its business, whether to an affiliate, subsidiary, related entity, third party or otherwise, or if Indy at Home enters into a consolidation, merger, sale of stock or assets, or any similar transaction or enters into bankruptcy or insolvency, you expressly agree that Indy at Home shall have the right to sell or transfer any information Indy at Home has about you.  In such a case, Indy at Home shall request that all parties involved in any such transaction conduct the collection, processing, use, disclosure and retention of your information in the same manner as Indy at Home does in this Policy.

Most Internet browsers can be set to transmit digital “Do Not Track” requests to websites and social media sites and platforms.  Such sites may, but are not required to, comply with “Do Not Track” requests.  At this time, Indy at Home does not respond to any digital “Do Not Track” requests.

You may at any time prevent Indy at Home from using your email address by “opting out” of specific mailing lists and services.  To “opt out,” please send an email to Indy at Home at info@indyathome.com.

If you have any questions about Indy at Home’s handling or use of your personal information, please contact Indy at Home’s Marketing Officer at the address below:

Indy at Home, LLC
Pittboro, IN

Indy at Home’s Social Media Sites

Indy at Home maintains social media accounts and sites on independent third party websites and platforms including, without limitation, Facebook, Twitter, YouTube, Instagram, and Pinterest. Your use of Indy at Home’s Social Media Sites shall be subject to all of the following: (1) this Policy; (2) Indy at Home’s Terms of Service; (3) Indy at Home’s Return Policy; and (4) the terms of use, privacy policy, and all other applicable terms and conditions for each such Social Media Site and platform in effect at the time.

In addition, when you register to use social media websites and platforms in general, you are generally required to furnish profile and other information to such websites and platforms in accordance with their own internal policies. Therefore, by using Indy at Home’s Social Media Sites, you are authorizing Indy at Home to collect and retain information about you, including your profile and other information that you have disclosed to such social media websites and platforms, and other tracking information arising from your access and use of Indy at Home’s Social Media Sites. You expressly consent to Indy at Home’s collection and retention of such information in accordance with this Policy and the Terms of Service and Return Policy.

Registration and Passwords

Access to many pages on the Website is limited to individuals who have created an account to use the Website.  In order to create an account with the Website, you will be required to provide your name, email address and login information.  You will receive a unique username and password in order to access your account on the Website.  You will not distribute to or share your username or your password with others.  You are solely responsible for maintaining the confidentiality of your username and your password.  You will be responsible for all consequences and damages arising from all uses of your registration, whether or not authorized by you.  You agree to notify Indy at Home immediately of any unauthorized use of your registration, username or password.

 

Mobile Device Users of Indy at Home’s Sites

You can access and use Indy at Home’s Sites with virtually any mobile communications device (such as a tablet, smartphone, or wearable device) that has an Internet browser application or a software application. However, you may not be able to access or use Indy at Home’s Sites unless you subscribe or have access to a mobile telecommunications network. You are solely responsible to pay any service and/or telecommunications provider fees for mobile Internet access to Indy at Home’s Sites (including all applicable text messaging fees and data and other charges). Indy at Home is not responsible for any technical or other difficulties that you may experience when you use a mobile device or mobile communications network to access Indy at Home’s Sites.

Many mobile devices allow a user to control and disable Cookies and other privacy settings. Please refer to the instructions for your mobile device for additional information.

Some of the features of Indy at Home’s Sites may not be available or accessible when you view Indy at Home’s Sites using a mobile device. You understand that Indy at Home is providing its Sites to you on an “as is” basis.

Risks

Indy at Home strives to protect the personal information, confidentiality, and privacy of each user. However, Indy at Home cannot and does not guarantee the security of any personally identifiable information or Content that you disclose online or submit to Indy at Home (via Indy at Home’s Sites or otherwise), and you do so solely at your own risk.

You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of Indy at Home’s Sites on the Internet; (2) the technological limitations of security, privacy, and authentication measures and features on Internet sites and specifically, on Indy at Home’s Sites; (3) the risk that data or information is transmitted to or from Indy at Home’s Sites may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, “impostering”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, denial of service attacks, nuking, system contamination (including viruses, malware, worms, and Trojan horses) causing unauthorized, damaging, or harmful access to and/or retrieval of information and data on your computer or network; (4) the risk that data or information on any of Indy at Home’s Sites may be subject to other security or privacy hazards, may not reach its destination, or may reach an erroneous address or recipient; (5) unauthorized access by third parties; and (6) the content or the privacy policies of websites and social media websites and platforms to which Indy at Home may link or be linked.

Children

Indy at Home is committed to the safety of children and to protecting the online privacy of children. Indy at Home does not request or knowingly collect any personal information from children under the age of thirteen (13). If Indy at Home becomes aware that a child under the age of 13 has provided personal information to the Sites, Indy at Home shall take reasonable measures to delete all such information from Indy at Home’s stored records; provided, however, that in instances in which Indy at Home collects a persistent identifier and no other personal information, Indy at Home may use such identifier solely to provide support for the internal operations of the Sites. Indy at Home relies on the parents and guardians of children to monitor their children’s access and use of the Internet, including Indy at Home’s Sites.

Minors under the age of eighteen (18) are prohibited from purchasing and placing orders for Indy at Home’s products and services. This is described in more detail in the Terms of Service.


Your California Privacy Rights

Annually, California residents may request and obtain personal information that Indy at Home has shared with third parties for such third parties’ direct marketing purposes within the prior calendar year (as defined by California Civil Code § 1798.83, commonly known as California’s “Shine the Light Law”). If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which Indy at Home shared this information in the immediately preceding calendar year. To obtain this information, please send an email message to info@indyathome.com with the words “California Shine the Light Privacy Request” in the subject line as well as in the body of your message. Indy at Home will then furnish the requested information to that email address.

Law Enforcement

Indy at Home fully cooperates with law enforcement personnel and agencies in identifying those who use our services for illegal activities.  Indy at Home reserves the right to release information to law enforcement agencies about a user in the following instances: (1) whenever Indy at Home believes that the user is in violation of this Policy or the Terms of Service, (2) as required by law, (3) when the user is engaging in any activities that Indy at Home in its sole discretion believes to be unlawful and the identity of those who may be responsible, (4) whenever Indy at Home believes disclosure is necessary to prevent physical harm or financial loss, or (5) in connection with an investigation of suspected or actual illegal activity.

General Legal Terms

You and Indy at Home have agreed to this Policy within the State of Indiana for all purposes.  All products and services that are furnished to you on or through the Indy at Home’s Sites are deemed to be furnished by Indy at Home to you within the State of Indiana.

All disputes arising out of, under, or in connection with this Policy (including without limitation, their validity, interpretation, performance, or breach) will be adjudicated exclusively in the United States District Court for the Southern District of Indiana  located in Indianapolis, Indiana or the state courts located in (or having jurisdiction over) Marion County, State of Indiana.  You expressly consent to the exclusive jurisdiction of such courts over you.  You expressly waive any claim of forum non conveniens.  You agree to reimburse Indy at Home for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against or by you.  This Policy and its validity and effect will be interpreted under, and governed by, the substantive laws of the State of Indiana without regard to principles of conflicts of laws or statutes.

This Policy and any other operating rules or terms posted on Indy at Home’s Sites, including without limitation the Terms of Service and the Return Policy, constitutes the entire agreement between Indy at Home and you, and supersedes all previous written or oral agreements between Indy at Home and you. No action or inaction by Indy at Home may be construed as a waiver of this Policy or any part thereof. If any of the provisions of this Policy are held to be unenforceable by a court having competent jurisdiction, the remainder of this Policy will continue in full force and effect.

Copyright © 2016 by Indy at Home, LLC.  All Content contained in and on Indy at Home’s Sites is intellectual property belonging exclusively to Indy at Home and/or their respective owners, and is protected by federal and state copyright and other laws and international laws and treaties. Any copying, republication, redistribution or public performance of the Content is strictly prohibited.  Indy at Home enforces its copyright, trademark, and other legal rights and interests to the maximum extent permitted under the law. All rights of Indy at Home are expressly reserved.