PRIVACY POLICY

 

OMA Earth, LLC ("Omaearth.com", "we", "our", "us") and its subsidiary companies respect the privacy rights of its online visitors ("you", "your", "yours") and recognize the importance of protecting the information collected about them. We provide this statement (the "Privacy Policy") to help you understand what we may do with any personal information that we obtain from you. This Privacy Policy guides how we collect, store and use the information that you provide us with. By providing your personal information to us, you signify your acceptance of this Privacy Policy and agree that we may collect, use and disclose your personal information as described in this Privacy Policy. This Privacy Policy is incorporated into, and part of, the Terms and Conditions, which govern, in general, your use of the website maintained and operated by Omaearth.com ("the Site"). We will use your information only for the purposes set out below. Although we are committed to maintain your confidence and trust in all of our activities with you, this Privacy Policy does not govern our collection or use of data about you through channels other than the Site. Please exit the Site immediately if you do not accept this Privacy Policy or are accessing the Site in a country or other territory where use of the Site is not permitted. We may need to update this Privacy Policy from time to time. We recommend that you regularly check this page to ensure that you have read the most recent version.

 

LEGAL PURCHASE AGE

 

If you are under 18, we require that you inform a parent or guardian about Omaearth.com's Privacy Policy and Terms and Conditions as well as requiring their consent to the Privacy Policy and Terms and Conditions before registering with Omaearth.com or placing an order with Omaearth.com.

 

TYPES OF INFORMATION COLLECTED

 

The following information is provided by Omaearth.com to enable our online visitors to be fully informed of our Privacy Policies. The Site collects certain information when you interact with the Site. For example, the Site may collect "Personal Information" which is data that can be used to identify an individual, as defined by applicable law. The Site may also collect data that does not identify you specifically. The following is a list of data that we may collect and process about you:

 
    • Information that you provide by filling out forms on the Site. This includes information you provide when you register to use the Site; subscribe to any services offered on the Site including but not limited to interactive services (such newsletters, etc.); enter a competition or promotion sponsored by Omaearth.com; complete a survey; or report a problem with the Site;

  • Any information you may provide when you contact us or send us a correspondence;

  • Details of any transactions you carry out through the Site including the placement of any orders by you; and

  • Details of your visits to the Site including, but not limited to, your computer’s IP address, password information, page interaction information, traffic data, location data, weblogs, and other data about the resources that you access.

 

WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND HOW?

 

Omaearth.com collects personal information in several ways when you place an order, buy a gift voucher for a friend or register for a service offered by Saveoma.com. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping and credit card billing address(es) so that we can process and fulfill your order. We only save credit card information for those customers that have registered on the Site. Saved card details will never be shared with third parties and will only be used to process your order, using our payment partner's systems. Additionally we may also obtain information as a result of authentication or identity checks. Sometimes we may ask for your telephone number. This number may be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order.

 

USE OF COOKIES ON OUR WEBSITE

 

In common with many websites, we use "cookies" to help us gather and store information about visitors to our site. A cookie is a small data file that our server sends to your browser when you visit the Site. The use of cookies helps us to assist your use of certain aspects of the Site. You can delete cookies at any time or you can set your browser to reject or disable cookies. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Site. We may use information from cookies for the following purposes:

 
  • Traffic monitoring, for example, the IP address from which you access the Site, the type of browser and operating system used to access the site, the date and time of your access to the site, the pages you visit, and the Internet address of the website from which you accessed our Site;

  • To recognize repeat visitors for statistical/analytical purposes; or

  • Anonymous tracking of interaction with online advertising, for example, to monitor the number of times that a banner ad is displayed and the number of times it is clicked.

 

We may connect the information that we collect through cookies with other Personal Information that you provide to us. Such purposes are:

 

  • To customize or personalize your experience of the Site; for example, so that we can greet you on the site by name;

  • For transactional purposes, such as credit card sales; or

  • To monitor your use of the Site in order to make our communications with you as relevant as possible; for example, by sending you email communications relevant to the parts of the Site that you visit most often or by letting you know about features of the Site that you have not accessed previously.

 

We may compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related site information. If you choose not to receive cookies, you may still use most of the features of our website, including the ability to purchase items.

 

HOW PERSONAL INFORMATION MAY BE USED, INCLUDING ANYONE IT MIGHT BE SHARED WITH

 

Omaearth.com may use your personal information for the processing of orders, payments and to provide you with a personalized shopping experience. We will also use your details to fulfill and deliver your orders and manage your account. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Your personal information may also be shared with other trading divisions within the Soulsticewear.com group. Where there is a legal obligation to do so, we may disclose your information to any relevant regulatory body. We do collate statistical information about site traffic, sales and other commercial information which we may pass on to trusted third parties but these statistics do not include any information that can identify you personally. We see this as a value-added service helping you to find useful products or services. We strive to limit use of your information to those offers that we think you would appreciate receiving. Finally, we may use your personal information for our internal marketing and demographic studies, together with non-personal data to monitor customer patterns so we can consistently improve our site design to better meet our visitors’ needs. If we change our policy on disclosure to others, we will inform you and give you the choice of opting out. In addition to disclosures identified in the purposes above, from time to time we may disclose Personal Information to:

 
    • Our service providers and subcontractors, including our affiliates, retained to perform functions on our behalf or to provide services to us, such as warehousing and delivery; marketing and advertising; data processing; software development; website hosting and management; information technology and office services; legal, accounting, audit and other professional service providers; and further provided such service provider does not collect, use or disclose the personal information for any purpose other than to perform such functions or to provide services to us or as otherwise required by law;

    • Unaffiliated service providers with whom Saveoma.com may subcontract, including website hosting companies, fulfillment companies and other third party service providers;

    • The prospective seller or buyer of Omaearth.com’s business or assets, including where Omaaearth.com or substantially all of Omaearth.com’s assets is acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;

  • If we are under a duty to disclose or share your personal data in order to: comply with any legal or regulatory obligation; respond to inquiries or requests from public authority; enforce or apply the Saveoma.com Terms of Use and other agreements; permit us to pursue available remedies or limit the damages that we may sustain; or protect the rights, property, safety or security of Omaearth.com, our employees, agents, contractors, customers, the visitors of the Site or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

OPT-IN AND OPT-OUT PROVISIONS

 

When you register, we will provide a link to the Privacy Policy and consent button for the collection of your personal data. At all times, we will offer you the opportunity to opt-out of any service to which you have subscribed. Any email we send you will contain an easy automated opt-out link so that you can opt-out of that particular mailshot. Simply follow the indications in the email. In particular, you can opt-out from having your personally identifiable information shared with our business partners or Omaearth.com's subsidiaries (except as required by law, court order, or as requested by other government or law enforcement authority or as may be required to deliver your purchases). It is not our current policy to share our customers' personal details with third parties other than as stated herein.

 

ACCESS AND CHANGE PERSONAL INFORMATION OMAEARTH.COM MAINTAINS

 

If for any reason you are concerned that the personal information held by Saveoma.com is not correct, please visit the website and, after logging into the site using the "Account Login" link, your personal information will be made available for review and change in the "My Account" section. Only you or, upon your request, the Customer Care department, may access your personal data from the website using your password and User ID. Information may be changed online within My Details, Shipping Details, and My Preferences. You can change or delete saved credit card details each time you make a purchase. You will also be able to delete saved credit card details by adding or editing a shipping/billing address. If you change your billing or shipping address while your order is still being processed, the order will be re-processed through customer finance check. If you prefer, you may contact our customer support team who can amend your personal details.

 

SAFEGUARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION

 

Because we are a global company, the data that we collect from you may be transferred to, and stored at, a destination outside the United States. Data we collect may also be processed by staffs operating outside the US who work for us or for one of our suppliers or service providers. Such staff may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy. Where we have given you (or where you have chosen) a user identification code, password or any other piece of information as a part of a registration scheme or a security procedure to enable you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. In particular, you should not share your password with anyone who is not of legal age to enter into contracts and purchase goods in the country or other territory in which you are located or are accessing the Site or to anyone in a country or other territory where use of the Site is not permitted. We will only collect personally identifiable information to the extent deemed reasonably necessary to serve you in view of our legitimate business purposes as set out above, and we will use our best endeavors to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption that encrypts your information before it is sent to us to protect it from unauthorized use. In addition, we will take reasonable steps to ensure that third party business partners to whom we transfer any data will provide sufficient protection of that personal information. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit to the Site; any transmission is at your own risk. Once we have received your information, we will use reasonable efforts to try to prevent unauthorized access. In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email.

 

OMAEARTH.COM INTERNATIONAL SHIPPING AND CUSTOMS DISCLOSURE

 

International orders are subject to duties and taxes billed by your country's customs department upon arrival. Duty, customs tariffs, taxes, and VAT are set by the destination country. OMA is not responsible for any duties, customs, tariffs, taxes and VATs applied to your package. You will be responsible for paying additional charges for customs clearance. Customs policies vary widely from country to country; please contact your local customs office for further information. OMA is required by law to declare all items at their full price and cannot alter this amount to decrease international custom fees. If you refuse a shipment from OMA, you are responsible for the original shipping charges, any import fees that are incurred on the package, and the cost of returning the package to OMA. This amount will be deducted from your merchandise refund. If the return fee exceeds the amount of the merchandise plus shipping costs, the package will be abandoned and you will not be refunded. OMA cannot guarantee the delivery date for any international order. Certain items on our website may be unavailable for international shipping. OMA is not responsible for any taxes, fees, charges, or shipping costs for items that cannot be imported into your destination country.

 

OMA SALES AND USE TAX POLICY STATEMENT

 

We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases. IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state's department of revenue website. OMA collects sales tax in states where we have physical presence (or nexus), including California. OMA does not collect sales tax in any state NOT listed above because OMA is not required to collect sales or use tax in these states. FOR OUR TAX-EXEMPT CUSTOMERS:  OMA does not collect sales tax if we have your exemption certificate on file.

 

RETURN POLICY FOR SALE ITEMS 

If for any reason you’re not completely satisfied with your purchase, you can send it back for a free exchange or refund within 30 days of receiving it. Keep in mind that your purchase goes towards assisting our conservation partners, therefore we’re not able or offer any refunds after the 30 day mark, as we will have already contributed funds to those efforts. We do not offer returns on any sale items.

LINKS

The site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send their own cookies to you and may collect data and make use of that data in ways that this Site would not. Please be aware that we have no control over these websites and our Privacy Policy does not apply to these sites. We encourage you to read the Privacy Policies and terms of use linked or referenced in the websites you enter. As required, this Privacy Policy may be supplemented by additional legal requirements in jurisdictions where we conduct business. Nothing in this Privacy Policy or otherwise will create, or add to, any right or claim (whether legal, equitable or otherwise) that any individual or person may have at law or otherwise against the Soulstice.com Group, the company or any third party or any of their respective directors, officers, employees, agents or representatives; nor will the existence of this Privacy Policy or its application impose or add to any obligations or liability upon the OMA Group that the OMA Group does not already otherwise have under law.

 

WHERE AND HOW TO ASK QUESTIONS OR FILE COMPLAINTS

 

If you require further information about our Privacy Policy or any other topic, please go to the Contact Us section of the web site and send a message to our customer care team.

 

YOUR CONSENT

 

By visiting Saveoma.com, you are accepting and consenting to the practices described in this Privacy Policy and the Terms and Conditions.

 

TECHNICAL ISSUES

 

Before you send us an email, please note the following: If you have turned off cookies in your browser, we will not be able to track your order, which means you will be unable to make purchases from our site. Also, if you have turned off cookies, we will be unable to recognize you as a registered customer who has saved your info with us, so you will be unable to access (or change or delete) your account information. Linking to our site from another website may cause technical issues for some Internet Explorer 6.0 users. If you are using Internet Explorer 6.0 and are having difficulty on our site, check your privacy settings in your browser and set them to "Medium". If you do not wish to change your privacy settings to "Medium" and you are currently using the "Medium High" or "High" setting, you may choose to override your current cookie handling practices for individual sites that you specify. Still have a question or comment? Please contact us via our Contact Form. Be sure to include the type of browser and operating system you are using.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

One Million Acres (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@omaearth.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Wilmington, California before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which One Million Acres’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.