This Privacy Statement describes Trail’s End’s policies and practices for collecting and using personal information from users on the Trail’s End website and mobile application. This Privacy Statement also contains Trail's End's Practices for Collecting Information from Minors Under the Age of thirteen (13), in Compliance with the Children's Online Privacy Protection Act (COPPA). See Section 3 Below Entitled Children's Privacy.
This privacy statement covers the website www.trails-end.com and the Trail’s End mobile application. Because we want to demonstrate our commitment to our users' privacy, we have agreed to disclose our information practices.
- Information Collection
- Information Use
- Children's Privacy
- Correcting and Deleting Personal Information
- Notification of Changes
- Contact Information
If users have questions or concerns regarding this statement, they should first contact the Trail's End Webmaster by email at email@example.com.
By using our websites, users agree to be bound by the terms of the policy. Trail's End collects information from our users at several different points on www.trails-end.com, and this information is used only as described in this policy. The Boy Scouts of America councils ("councils") are affiliated partners in the Trail's End programs, and have access to use this information as described below.
From this point forward in this document, all references stating "Trail's End" should be understood by the reader that these references refer and apply to both "Trail's End".
In order to use some of the features of this website or mobile application, a user must first complete the registration process by providing personal information, such as name, address, email, home phone and/or mobile number, date of birth, and Scouting Unit with which the user is associated. This information may be used when providing customers news, product updates, promotions, campaign updates, offers, and additional marketing communications. Users may also be asked to provide certain aggregate information in registration that is anonymous (such as an IP address, income level or gender). User names and passwords are also included in the information that may be requested during registration.
We request further personal information from the user on our order form. A user must provide contact information (such as name, email, and shipping address) and additional financial information (such as credit card number, expiration date). This sensitive information is used for billing purposes and to fill customer's orders. The financial information is not shared with any organization other than Trail's End. Financial information is never shared with the councils. If we have trouble processing an order, the information is used to contact the user.
Once a user is registered, the user may, but is not required to, add personal information to the user’s fundraising page, such as pictures, videos, audio files, or a personal biography. We may collect such personal information that a user provides and may also collect personal information about a user that is posted by a third party on the third party’s fundraising page. We may also collect and use coordinates ascertained through IP addresses in order to assist users in locating a local council.
These are the limited instances in which we will share users' personal information:
Intermediaries. We may disclose users' personal information to third party intermediaries, such as a third party shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies are not allowed to retain, share, store or use personally identifiable information for any purposes other than those contracted by Trail's End or councils.
Service Providers. We partner with other third parties to provide specific services. When the user signs up for these particular services, we may share names or other contact information that is necessary for the third party to provide these services. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Business Partners. The system on this website exists to support the councils in its popcorn sales program. Information provided to Trail's End will be made available to the councils as needed to run their programs. This includes personally identifiable information, addresses, phone numbers, email, and previous orders. The councils may provide this information to their districts and units for the purposes of annual selling or any other purpose. However, the information provided to the councils does not include any credit card information.
We store information that we collect through database files to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing permissions. Consequently, collected information is tied to the users' personally identifiable information. This profile is used to tailor a user's visit to our web site, and to direct pertinent content. The profile information may be made available to the councils and other third party service providers.
Surveys and Contests
From time-to-time our website may request information from users related to surveys or contests. Participation in these surveys or contests is completely voluntary and the user, therefore, has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used to notify the winners and award prizes. Anonymous Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users' personally identifiable information is not shared with third parties, other than the councils, unless we give prior notice. Though we may use an intermediary to conduct these surveys or contests, they may not use users' personally identifiable information for any secondary purposes.
Although our safeguards are designed to protect a user's privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website.
Communications from the Site or Affiliates
We send all new members a welcoming email to verify password and username belong to a valid email address. We and/or our affiliates may send out technical and service-related announcements. For instance, if our service is temporarily suspended for maintenance, we might send users an email. We and/or our affiliates communicate with users on a regular basis to provide requested services and regarding account issues. In addition, the councils or related affiliates may send out promotional emails from time to time.
We may share aggregated demographic information with our partners and affiliates. This is not linked to any personally identifiable information.
A cookie is a piece of data stored on the user's computer tied to information about the user. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. The user can remove persistent cookies by following the help file instructions included with their browser.
We use log files including internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
This website contains links to other sites. Please be aware that we, Trail's End and its affiliates are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.
Do Not Track Disclosure
We do not currently respond to Do Not Track browser settings or signals. As noted above, we may collect information about you or your online activity using cookies or other tools. Even if you have turned on the Do Not Track signal, we still may use these tools to collect information.
We adhere to the Children's Online Privacy Protection Act and do not knowingly register or otherwise collect personal information through our website or mobile application from any child under the age of 13 without the prior verifiable consent of the child's parent or guardian. However, we are allowed to collect personal information, including a name, date of birth, parent’s name, and parent’s email address, from a child for the one-time purpose of responding to an inquiry, answering an email, or seeking Verifiable Parental Consent at the request of the child under the age of 13. If verifiable consent is not provided within 10 days of the child providing the parent’s email address, we will delete the parent’s email address from our system. Once verifiable consent is obtained from a child’s parent or guardian, we collect only that personal information from minors that is relevant to their participation on the site, including a username, password, security questions for access to the account, home phone and/or mobile number, and Scouting Unit with which the child is associated. As noted above, we may collect and use coordinates ascertained through IP addresses in order to assist users in locating a local council. Children may, but are not required to, post videos, audio files, pictures, biographies, and other personal information to their fundraising page. We will provide appropriate notification and seek parental consent for these activities as required by law.
We do not sell or share information obtained from minors with any third parties for their own use. We do have third party partners who may have access to information we collect that is subject to the requirements of this section in order to assist us with or co-sponsor our website or mobile application fulfillments, such as for purposes of accepting and fulfilling orders or processing payments. We do not share a child's information with blogs or other sites where the information would be publicly accessible, and no personal information collected from a child under the age of 13 may be made publicly available by that child other than a first name, last initial, and “favorite product.” Trail's End's website and mobile application are operated, and all information is collected, by Weaver Popcorn Company, Inc. d/b/a Trail's End Popcorn Company located at 4485 S. Perry Worth Road, Whitestown, IN 46075, 1.800.782.4285, firstname.lastname@example.org.
If we should inadvertently collect information from a child under the age of 13, we delete that information, except to the extent needed to seek Verifiable Parental Consent from the minor's parent or legal guardian. We protect the information we collect with security safeguards and confidentiality measures that are commensurate with the sensitivity of the information. Parents or legal guardians have the right to review their child's personal information, delete it, or withdraw permission to allow further collection or use of that information by emailing us at email@example.com. We will not require a child to disclose more information than is reasonably necessary to participate on the site.
California Privacy Rights of Minors: To the extent that a user of this site is a resident of California under the age of 18, we also adhere to California law regarding the protection of privacy rights for such individuals. Specifically, a minor who is a registered user of this website or mobile application may request and obtain removal of content or information posted by such minor user on this website or mobile application by emailing us at firstname.lastname@example.org. The request shall include the phrase “Request for removal of information” in the subject line of the email and shall describe with specificity the content and location of the information requested to be removed. A minor user should be aware that such removal does not ensure complete or comprehensive removal of such content or information; while the content or information may be no longer visible to other users, it may remain on our servers in some form. Further, there may be circumstances in which we are not required by law to erase or otherwise eliminate content or information.
We have policies and procedures in place to protect the privacy and confidentiality of your personal information that we collect and maintain. All personal information is stored on our secured servers, behind a firewall at a data center with access to data strictly controlled. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. Any unauthorized use of the Site may result in criminal and/or civil prosecution.
Supplementation of Information
In order for this website to properly fulfill its obligation to users it may be necessary for us to supplement the information we receive with information from third party sources.
In order for this website to enhance its ability to tailor the site to a user's preference, we may combine information about the purchasing habits of users with similar information from our partners to create a personalized user profile. When a user makes a purchase from either of these two companies, the companies collect and share personal and demographic information back with us.
Enhancement of Marketing Profile
We purchase third party marketing data and add it to our existing user database to better target our advertising and provide pertinent offers we think our users would be interested in. We use this information to enhance or overlay the "profile" of individual users. This aggregate marketing data is therefore tied to the users' personally identifiable information. See also the "Profile."
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
CORRECTING AND DELETING PERSONAL INFORMATION
If a user's personal information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' personal information. This can be done at the self-edit page or by contacting your council. Otherwise, you can contact us at the email address provided below for assistance.
SMS TERMS & CONDITIONS
Trail’s End Marketing SMS (Text Messaging) Program:
Subscribers who have opted-in, via the Trails-End.com registration page or by texting JOIN to 62771 (Trail’s End’s short-code), will receive notification based on goals, orders, shipping confirmations, promotions, and other pertinent information.
Message frequency determined by user. Some users may receive 4+ messages/month, depending on goal progress and orders.
Msg&Data Rates May Apply. Text “JOIN” to 62771 to opt-in. Text “STOP” to 62771 to stop receiving text messages. Text “HELP” to 62771 for help.
Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Texts may be sent using an automatic telephone dialing system.
Carriers that support this program: Alltell, AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, Nextel, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross/Sprocket, Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Celluar), Illinois Valley Cellular, Immix (Keystone Wireless/PC Management), Inland Cellular, iWireless, Mobi PCS, Mosaic, MTPCS/Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, Simmetry, South Canaan/CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Aliant Mobility, Bell Mobility, Fido, MTS Mobility, NorthernTel Mobility, Rogers Wireless, SaskTel Mobility, Télébec Mobilité, TELUS Mobility, Vidéotron, Virgin Mobile Canada, WIND Mobile.
T-Mobile is not liable for delayed or undelivered messages.
USER-GENERATED CONTENT TERMS & CONDITIONS
Use of Your Comments, Photos and Videos: We love to see your comments, photos, and videos. By sharing, submitting, or uploading your story, comment, photo, or video of you and/or your minor children (“Your Content”) on our social webpages or websites, you represent that you own the copyright in Your Content and you authorize Trail’s End Popcorn Company (“Trail’s End,” “our” or “us”) to use, publish, reproduce, modify, display, perform and distribute Your Content with or without your name or the name of your minor children, in perpetuity, worldwide, in any and all media or formats (now known or discovered or developed in the future) for any lawful purpose, subject to the privacy rights of minors provided under California law as described above. Do not upload or post any content in which you do not own the copyright. If individuals other than you appear in Your Content, by sharing, submitting or uploading Your Content, you represent that you have their written permission (or their parent’s or legal guardian’s permission if a minor) to share, submit or upload such content. If you do not or cannot follow these terms and conditions, do not share, submit or upload any content to any Trail’s End social webpages or websites.
ONLINE PRIZE PROGRAM TERMS & CONDITIONS
Effective Date: July 1, 2016
1. Acceptance of Terms and Conditions of Use.
Thank you for participating in the Trail’s End Online Prize Program (the “Program”). Trail’s End (“we” or “us”) is pleased to provide this prize program to participating Scouts (“you”). This document contains the Terms and Conditions for the Program (“Terms”). Your participation in the Program indicates your assent to these Terms (or the assent of your parent/guardian, if you are a minor).
The Program provides certain incentives related to your product sales to support Scouting. You are eligible to participate once you sell $300 of Trail’s End products online in a single Sales Year (defined below) (which include Military Donation purchases in lieu of a product sale) (collectively, “Products”). After reaching the $300 threshold, for every $20 you sell in Products, you will receive a $1 credit to spend at Amazon.com (“Amazon Dollars”). You may redeem your Amazon Dollars in any whole dollar increment(s). You will receive an electronic notification when you have earned Amazon Dollars, and may redeem them on Amazon.com after opting to REDEEM them from the Trail’s End website. Your Amazon code will be emailed to the email address associated with your account. All dollar amounts listed in this document refer to United States currency.
3. Tax Reporting
If you receive $600 or more in Amazon Dollars under this Program in a single Sales Year, Trail’s End will issue a 1099 tax form to you. You are responsible for any taxes due based on your participation in the Program. Trail’s End will not withhold or pay any state, federal or other taxes that may be due on your behalf.
5. Intellectual Property
Noting under this program grants you the right to use trademarks or other intellectual property owned by Trail’s End or Amazon.
6. Amazon Terms and Conditions of Use
Your use of the Amazon Dollars is governed by Amazon.com Balance and Amazon.com Gift Card Terms and Conditions, currently located here: [https://www.amazon.com/gp/help/customer/display.html?ie=UTF8&nodeId=3122091] (the “Amazon.com Terms and Conditions”). You are responsible for being familiar with the current version of the Amazon.com Terms and Conditions. Nothing in these Terms should be read to supersede the Amazon.com Terms and Conditions, and in the event of a conflict, the Amazon.com Terms and Conditions shall govern.
7. Sales Year
The 2016-17 Sales Year runs from the Effective Date through May 31, 2017. Subsequent Sales Years will run from June 1 – May 31.
8. Your Use of the Program
You must be enrolled in an active Scouting program through the Boy Scouts of America (“BSA”) and have a registered account on Trails-End.com to participate in the Program. You must provide true, accurate, current and complete information about yourself or your company as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms. Transfer of the account by you to any other person or entity is prohibited.
9. Disclaimer of Warranties
THE PROGRAM IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, BY EITHER US OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE SERVICES, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTIES, AND IMPLIED WARRANTIES, WHICH IMPLIED WARRANTIES SHALL INCLUDE BUT NOT BE LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES OR DATA OF YOURS OR ABOUT YOU ARE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS PROVIDED BY US.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE PROGRAM OR INABILITY TO USE THE SITE; (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE PROGRAM; AND (III) DAMAGE TO YOUR HARDWARE RESULTING FROM USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH US, THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN THE PROGRAM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, ATTRIBUTABLE TO OR CAUSED BY YOUR USE OR MISUSE OF THE PROGRAM. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE THE SERVICES OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE FIRST DATE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.00.
You shall defend, indemnify, and hold us and our employees, contractors, officers and directors harmless from all liabilities, damages, expenses, and other losses, including attorney’s fees, that are based on claims arising from (i) your participation in or misuse of the Program; (ii) your breach of these Terms; or (iii) your breach of any law or the rights of a third party. We reserve the right, at our own expense, to (a) assume the exclusive defense and control of any matter otherwise subject to indemnification by you, or (b) participate in the defense with counsel of our own choosing and at our own expense; and in both such cases, you will cooperate with us in asserting any available defenses.
12. Choice of Law
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. The exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your participation in the Program shall be filed and venued only in the state or federal courts having subject matter jurisdiction located in the State of Indiana and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.
13. Integration and Severability
The Terms constitute the entire agreement between you and us with respect to the Program and supersede all prior or contemporaneous communications and proposals with respect to the Program. If any provision of these Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Our failure at any time to require performance of any provision of these Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by our authorized representative. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
We may terminate the Program at any time, in our sole discretion.
For questions related to these Terms or the Program, please email us at Support@Trails-End.com.
NOTIFICATION OF CHANGES
Last Updated October 16, 2016