Overview
his website s operated by Amberjack, a brand owned by Capitol lsland, Inc, a C-Corporation reglistered in the state of Delaware. Throughout the
site, the terms “we” “us” and “our” refer to Amberjack.Amberjack offers this website, Including allinformation, tools and services avallable from this
ite to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing products or services from us you engage in our”Service” and accept without limitation, qualification, and
agree to be bound by the following terms and conditions (“Terms of Service, “Terms'”), ncluding those addifional terms and conditions and policies
eferenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site,including without limitation users who are
orowsers, vendors, customers, merchants, and or contributors of content.
lease read these Terms of Service carefully before accessing or using our website because by accessing or using the Service, or by clicking to
accept or agree to these Terms if the option is presented to you, you agree to be bound by these Terms of Service. Amberjack may revise and update
hese Terms of Use from time to time in ts sole discretion. Your continued use of our Service following the posting of revised Terms of Use means that
rou accept and agree to any and allchanges to the Terms of Use. f you do not agre to allthe terms and conditions of this agreemen,then you
ss the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of
nay not ac
Any new features or tools which are added to the current store shall also be subjectto the Terms of Service. You can review the most current versior
of the Terms of Service at any time on this page.I is your responsblty to check this page periodically for changes. Your continued use of or access
o the website following the posting of any changes constitutes acceptance of those changes.
Dur store is hosted on Shopifty Inc. They provide us with the online e-commerce platform that allows us to sellour products and services to you.
n addition, you agree to our Messaging Terms (htps://terms,pscrpt/legal/shop/amberjack- shoes/terms of service) and Messaging Privacy
Policy (https:/terms. pscr.pt/legal/shop/amberjiack-shoes/privacy policy).
Section 1: Online Store Terms
By agreeing to these Terms of Service, you represent that you are af least the age of majority in your state or province of residence, or thatyou are
he age of mgjority in your state or province of residence and you have glven us your consentto allow any of your minor dependents to use this ste.
You may nof use our products for any llegal 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
s or any code of a destructive nature
Section 2: General Conditions
Ne reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credlit card information), may be fransferred unencrypted and involve () fransmissions 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, resellor exploit any portion of the Service, use of the Service, or access to the Service or any
ontact 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 willnot limitor otherwise affe
these Terms.
Section 3: Accuracy, completeness and timeliness of information
Ne are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided foreneral information only and should not be relied upon or used as the sole basis for making decisions wthout consuting primary,more acuratemore 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 historicalinformation. Historical information, necessarily, is not curent and is provided for your reference only Weeserve the rightto modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that tisyour responsibility to monitor changes to our site.
Privacy Policy
Amberjack (“Amberjack””we”/”us’ )is committed to protecting your privacy. We make the website or any subdomains (theWebsite”) available fogether with our services as further described in our Terms of Use (the “Serices”). This Privacy Policy describes how wecollect, store, use and distribute information about our users through the Website and Services.
Consent: By using the Website, or our Serices you consent to the use of your Personal Information as described in this Privacy Policy. Except as set
forth in this Privacy Policy, your Personal Information willnot be used for any other purpose without your consent. We willnot actively collectPersonal Information for the purpose of sale or marketing in a way that specifically identfies the indvidual. In other words, we don’t sell customerists. You may withdraw your consent to our processing of your Personal Information at any time. However, wthdrawing consent may result in your
inability to continue using the Website and/or the Services
Collection of Information: We ai to collect, use and disclose only such information as is required to enable us to mangge your account, to providethe Services, to maintain our customervisitor lists, to respond to your inquiries or provide fedback, for identification and authentication purposes,and for service improvement. We willmaintain the confidentiality of any conlact information you provide to us on signing up for our Services orontacting us wth questions or for further information and we willuse it only for the purposes for which we have collected it (subjectto theexclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.wo types of information may be collected through the Website,and our Services: Personal Information and Non-Personal Information. This PrivacyPolicy does nof extend to the collection, use or disclosure of the following information which is curently not limited by applicable privacy laws: (a)information that is publicy available, such as names, addresses, telephone numbers and electronic address when isted in a directory or madeavailable through directory assistance; or (b) Non-Personal Information (as defined further below).
Personal nformation is personallyidentifiable information,such as your name, address,e-mai address credit card information, birth date and
ender At the time of collection, we willclearly identify the information being collected and the purposes for whichitwillbe used. Itis awoys yourchoice whether or not to provide Personal Information but ifyou choose not to provide certain requested Personal nformation, in some instancesrou may not be able to register to use the Website or Services or be able to access and use the Website or Services at all. In other instances, yourhoice nofto provide certain other Personal Information may mean that you will not be able to use certain features of the Website or Services. Wenay collect Personal Information in respect of the Website or Services through registration processes; communications with you; information
downloads; service purchases; user support; and surveys.
‘Non-Personal Information”is information of an anonymous nofure,such as an Internet Protocol Address (IP Address) if that addres has beenstripped of personalInformotion, the domain used to access the Webste, and the ype and version of browser or operating system being used byvistors to the webste. Aggregate informotion, such as demographic stotistics of ourusers(eg. average age or geographical allocation of ourusers), number of visitors, wha pages users access or visit,and average time spent on the Website is not considered Personal Information. Similarly.business contact information such as the name, itle, busness addres, or telephone number of a busness or professional person or an employee of
an organization is not considered Personal Information.Although the use of certain Non- Personal Information collected, used or disclosed through the Internet as described herein is not restricted (and tothe extenthat such is the case, the obligations under this Privacy Policy do nof apply to such information), we provide information in this PrivacyPollcy about the collection of such Information for the sake of transporency with respectto the operation of the Webste. Such Non-PersonalInformation is collected or derived by us in the course of operating this Website. For example, our web servers may automatically collect Non-Personal Information that is provided through your browser or stored in a cookie when you choose to visit the Website.
Use of Information: We collect information for the following purposes:
Registration. In order to order our Serices you mus provide certain Personal Information to us such as your ful name and email address. In
general, none of your account registration information wll be shared with any other users of the Website, or our Services
*Account information. We also collect information from your account information, such as payment information. We may also collect persona
information about you through your use of the services, for example, we may learn the city you live in.
Payment Information: Ifyou make a purchase through the Services then you must submit credt cord information to our merchant account
payment gateway provided and hosted by our Payment Processor. All payment information is stored by our Payment Processor and not by
Amberjack. We do not process, hold, or store any payment information.
Transactional Notifications: We provide notfications for certain activities relating to your use of our Serices despite your indicated e-mail
preferences, for example we may send you notices of any updates to our Terms of Use or Privacy Policy.
Marketing Communications: Ifyou opt-in fo receive marketing communications from us, we wil keep you up to date on our products and services.
ou may withdrowyour consent to receiving marketing communications from us af any time by folwing the opt-ou instructions in each
communication, or by contacting our marketing department at .
Statistics: We also collect statistics aboutuse of the Services purchased through the Website or App. This information willbe kept confidential,
however, aggregate statistics that do nof personally identiy an individual willbe kept by us and such aggregate statistics may be made available to
other members or third parties.
System Logs Cookies: Cookies are used by us to frack content usage and traffic on the Website. A cookie is a feature of your web browser thatconsits of a fext file thofis placed on your hord disk by a web server. The Website uses cookies to help t compile aggregate statistics aboufusageof this Website, such as how many users visit the Website, how long users spend viewing the Website, and what pages are vewed most often. Thisinformation is used to improve the content of the Website. You can set your browser to notiy you when you are sent a cookie. This gives you thechance to decide whether or notto accept it. If you disable cookies, you moy nof be able to take adantage of all the features of the Website. We donot link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Website.
Your IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your
registration information on our databases.
If we plan to use your Personal Information in future for any other purposes not identified above, we will only do so affer informing you by updating
this Privacy Policy. See further the section of this Privacy Policy entitled’Amendment of this Policy.
Disclosures a Transfers: We have put in place contractual and other organizational safeguards with our agents (see further below) to ensure aproper level of protection of your Personal Information (see further Security below). In addition to those measures, we willnor disclose or transferyour Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further ImportantExceptions below).
As at the date of this Privacy Poicy, we share Personallnformation about you in respec of the Services only with our partners and service providers
such as our payment procesore, website hosting and our analytics provider, which is Google Analytics. Our servers are also located in the United
States and accordingly your Personal Information may be available to United States governmen and or ther agencles under a lawful order.
irrespective of the safeguards we have put in place for the protection of your Personal Information.
From time to time we may employ third parties to help us improve the Website,and/or the Services. These third parties may have limited access to
databases of user information solely for the purpose of helping us to improve the Website, and/or the Services and they willbe subject to
contractual restrictions prohibiting them from using the information about our members for any other purpose
mportan Exceptions: We moy dieclose your Pereonal Information to third parties withou your consent if we have reson to beleve tha disclosing
this informotion is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (eitherintentionally or unintentionally) ourights or property, other Service members, other users of the Services, or anyone else (including the rights orproperty of anyone else) that could be harmed by such activities. We may disclose PersonalInformation when we believe in good faith that such
disclosure is required by and in accordance with the law.
We may also dsclose your Personal nformarion in connection wth a corporate re-organization, a merger or amalgamarion wth another entiy. a
sale of all or a substantial portion of our assets or stock including any due dliigence exercise carried out in relation to the same, provided that the
information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.
Securiy: The security of your Personal Information is important to us. We use commercially reasongble eforts to store and maintain your Persondl
Information in a secure environment. We take technical, coniractual, administrative,and physical security steps designed to protect Personal
Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such
designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
You are also responsible for helping to protect the security of your Personallnformation. For instance, never give out your email account informotior
or your password for the Services to third parties.
Retention: We wil keep your Personal Information for as long as it remoins necessary for the identified purpose or as required by law, which mayextend beyond thetermination of our relationship with you. We may retain certain data as necessary to prerent fraud or future abuse, or foregitimate business purposes, such as analysits of aggregated, non-personaly-identifiable dota, account recovery, or f required by low. Al retainedpersonal information willremain subject to the terms of this Privacy Policy. If you request that your name be removed from our databoses,it may not
be possible to completely delete all your Personal Information due to technological and legal constraints.
Amendment of this Policy: We reserve the rightto change this Privacy Policy at any time. f we decide to change this Privacy Policy in the future, We
willpost an appropriate notice on the home page at ww.amberiack. shop. Any non-material change (such as clarifications)to this Privacy Policywll become eftective on the date the change s posted and any material changes wl become efective 30 days from their posting on the Webste.Unles stared otherwise, our current Privacy Poliey applles to allPersonal Information thar we have about you. The date on which the latest updotewas made is indicated at the bottom of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this
policy from time to time to ensure you are aware of any changes. Your continued use of the Webslte signifies your acceptance of any changes
Access and Accuracy: You have the right to acces the Personal Information we hold about you in order to verify the Personal Information we havecollected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we willprovide youwith a copy of your Personal Information althoughin certain limited circumstances, we may not be able to make all relexant information available toyou such as where that information also pertainsto another user. In such circumstances we wllprovide reasons for the denlalto you upon requestWe will endeavor to deal with all requests for access and modifications in a timely manner.We will make every reasonable effortto keep your PersonalInformation accurate and up-to-date, and we will provide you wth mechanisms toupdate, correct delete or add to your Personal Information as appropriate. As appropriate, this amended PersonallInformotion willbe transmitedto those parties to which we are permitted to disclose yourinformation. Having accurate Personal Information about you enables us to give you the
best possible service
Contact Us: You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access yourinformation, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at.
Last Updated: October 28, 2020