User Agreement & Policies

 

What this Agreement Covers

This Agreement governs your use of the Site and the JabberYak service (the "Service"). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions"); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.

Intellectual Property Rights of JabberYak and Third Parties

JabberYak is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the JabberYak Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by JabberYak.

JabberYak is the owner of the JABBERYAK trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by JabberYak from Institutions and other third parties (the "Licensed Marks"). By using the JabberYak Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. JabberYak will notify you of such terms if your usage is in violation of such terms.

Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact JabberYak and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. JabberYak retains the right to display such designs or offer them (or variations of such designs) to other customers.

Additionally, JabberYak has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for JabberYak production.

You agree to not use JabberYak's Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

Anti-Sweat Shop Policy

JabberYak supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. JabberYak relies upon referrals, reputation and, in some cases, personal inspections to identify such vendors.

 

Payment Policies

JabberYak accepts online or payment via credit card. All payments sent electronically are securely transmitted.

JabberYak also accepts payment from organizations via purchase order for qualified customers. Invoices may be paid by check or credit or debit card.

Shipment/Delivery Times

JabberYak's orders are generally delivered within 2 weeks. Customers who are concerned about meeting deadlines should contact a Service/Sales Representative. Rush orders on screen-printed apparel items are available for a 10% rush charge. Rush orders are delivered within 1 week. Delivery times may vary during the holiday seasons.

Returns Policy

JabberYak goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, JabberYak accepts returns and will refund payment if and when customers are disappointed by JabberYak merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer.

Cancellation Policy

For Standard Delivery orders, you may change or cancel your order within twenty-four (24) hours of submitting your order.

For Rush Delivery orders (any order requiring faster delivery than a Standard Delivery order), you may not change or cancel your order.

 

Limit of JabberYak's Responsibility

JabberYak will be responsible for acting only on those instructions sent to JabberYak that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. JabberYak is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. JabberYak is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.

The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". JabberYak does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.

In no event will JabberYak be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if JabberYak, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Intellectual Property Claims

JabberYak respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of JabberYak, please provide written notice to the following agent for notice of claims of infringement:

JabberYak, LLC
PO Box 15756 Scottsdale, AZ 85276 

Tel: 602.904.7888 Email: info@jabberyak.com

In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.

 

Indemnity

You agree to defend, indemnify and hold JabberYak and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of JabberYak's Site and the Service, your violation of this Agreement, or your violation of any rights of another.

Governing Law

This Agreement shall be governed by the laws of the State of Arizona and, where applicable, by federal law.

 

Privacy Policy

Last Modified: December 1, 2020

JabberYak, LLC("JabberYak", “we” or “us”) understands that security and privacy are important issues for users of our services available at www.jabberyak.com (the "Site"). The following Privacy Policy (the "Policy") describes how we collect, use and share the information that we gather about the users of our Site.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By using our Site, you consent to our collection, use and disclosure of your information, including Personal Information (defined below), as described in this Policy. Your use of our Site is subject to this Policy and our User Agreement. This Policy may change from time to time. Your continued use of our Site after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

Information we collect

We may collect information directly from you, automatically through your use of our Site, and from third parties. We may combine all of information we collect about you from these various sources.

  • Information we collect directly from you. Depending on how you use our Site, you may provide us with certain information that can identify you as an individual, such as your name, email address, phone number, credit or debit card information and shipping or billing address (collectively, "Personal Information"). We will also collect any other information that you choose to provide to us through our Site (e.g., contents of messages you send to us through our Site).

  • Content that you provide. You may add your personal interest and hobbies to the Site ("Content"). If you post Content on our Site, the Content, as well as other information (e.g., user name, email address, etc.), may be available to (us) your event organizers and third party entities.

  • Information we collect about you from third parties. We may collect information about you from third parties. For example, we may collect demographics information from public sources and from third-party data and analytics companies. In addition, we may collect information about you from other JabberYak users (e.g., if one user ships a package to another user).

  • Information we collect automatically through your use of our Site. We may automatically collect information about your use of our Site and your orders, including but not limited to your Internet protocol (“IP”) address; the type of web browser you are using; the website that led you to our Site; the website you visit after leaving our Site; the pages you view on our Site; the dates and times you access our Site; and information about any orders you place, such as your order identification number, items ordered and the cost of your order.

 

How we use your information

JabberYak may use your information, including Personal Information and/or Content, for the following purposes:

  • Providing our services. To facilitate your orders and administer your account; to respond to your questions or requests; to provide you with news or other information we think may interest you; to communicate with you about your account, orders or use of our Site or for other informational purposes; to improve our services; and for other account or customer support-related purposes. Please note that we use your email address to save and identify your assigned products and select tags and categories on our Site, and so please be aware that your designs, tags and categories can be viewed on the Site by anyone who enters your email address.

  • Event Organizers. To company, organization and entity that has hired JabberYak services for the purpose of sponsoring and managing your event. This information will be used by the event sponsor for the purpose of facilitating better experience for you at your event.

  • Marketing and advertising. To provide you with special offers, product information and other marketing or promotional communications from JabberYak or from other third parties. We may provide marketing or advertising to you in a variety of ways, including through our Site, via email or on other third-party websites (e.g., using Google Customer Match or Facebook Ads).

  • Research and analytics. To analyze how customers use our Site, services and products; to analyze how customers interact with marketing or other communications we send to them; and for other research, analytical and statistical purposes. This research may include creating profiles to help us analyze or predict your personal preferences or interests for marketing purposes.

  • Protecting rights and interests. To investigate, protect or defend the rights, safety or property of JabberYak, our customers or the public; to investigate or enforce perceived violations of our User Agreement or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.

 

How we share your information

JabberYak may share your information, including Personal Information and/or Content, with the following types of third parties:

  • Service providers. JabberYak may share your information with third-party service providers, vendors, agents, contractors or others who perform functions on our behalf. For example, we may use service providers to process your orders, deliver packages or send mail. We will obtain consent for such sharing with service providers where legally required. We enter into written agreements with these third-party service providers requiring them to provide the same level of protection for your Personal Information as provided under this Policy and limiting their use of your Personal Information to the specified services provided on our behalf.

  • Corporate affiliates. JabberYak may share your information with any current or future parent company, affiliate or subsidiary.

  • Other unaffiliated third parties. Subject to applicable laws, JabberYak may share your information directly with third parties, including so they may send you marketing offers directly. The information that we share with such third parties may include, without limitation, your email address, billing address, shipping address and order information (e.g., total price).

JabberYak may also share your information, including Personal Information and/or Content, in the following contexts:

  • Protecting rights and interests. JabberYak may share your information with law enforcement agencies and others as we deem appropriate to investigate, protect or defend the rights, safety or property of JabberYak, our customers or the public; to investigate or enforce perceived violations of our User Agreement or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.

  • Sale or acquisition of assets. JabberYak may share your information if we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, if we are transferred to another company, in the event of a bankruptcy, or as part of any other business transfer. If the surviving entity in such a transaction is not JabberYak, the surviving entity may use your information pursuant to its own privacy policies, which may be different from this Policy.

  • Legal compliance. JabberYak may share your information to comply with laws, regulations, legal process (e.g., a warrant or subpoena) or guidance; and to respond to governmental requests (e.g., requests from a regulator).

  • Aggregate or anonymous information. JabberYak may share anonymized or aggregated information about JabberYak users to third parties without restriction. For example, we may share anonymized or aggregated information to inform a third party’s decision on whether to place advertisements on our Site or on other websites. These companies may use such information about your visits to the Site and other websites to provide advertisements on the Site and other websites.

 

Cookies and other tracking mechanisms

We may automatically collect information about you through the use of common information-gathering tools, as well as new tracking technologies that develop as technology evolves. The tools that we or our service providers may use to track you include the following:

  • Cookies. A cookie is a small string of text that a website can send to your browser to help the website remember and customize your visit. For example, we use cookies to help us to tailor our Site to you, remember your orders, keep you logged into your account, and compile statistics about Site usage. With most Internet browsers or other software, you can erase cookies from your computer hard drive, block or disable cookies or receive a warning before a cookie is stored. Please refer to your browser instructions to learn more about these functions. If you reject cookies, functionality of the Site may be limited, and you may not be able to take advantage of many of the Site's features (e.g., you may not be able to stay logged into your account).

  • Web beacons/clear GIFs. Clear graphics interchange format images (“GIFs”) are tiny graphics with a unique identifier, similar in function to cookies, that are embedded invisibly on web pages or in emails. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags) in connection with our Site to track the activities of visitors to our Site, help us manage content and compile statistics about usage of our Site. We or our service providers may also use clear GIFs in emails to our users, to help us track email response rates, identify when our emails are viewed and track whether our emails are forwarded.

  • LSOs. We may also use local storage objects (“LSOs”) to store your Site preferences and to personalize your visit. LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete or disable the acceptance of LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, please click here. We may use applications, servers and other technology provided by third-party companies, such as Google Analytics, to help us improve our Site, performance and user experiences. These entities may use cookies and information-gathering tools, such as web beacons or LSOs, to perform their services.

 

California do not track disclosure

Our Site does not respond to do not track signals (e.g., the Mozilla Firefox Do Not Track feature), though you may be able to disable certain tracking as discussed above (e.g., by disabling cookies). There is still no universally accepted standard regarding tracking, but for more information about do not track signals, please click here.

Online advertising

We use third-party marketing or advertising companies (e.g., Google Customer Match) to serve advertisements on our Site and on third-party websites or other media (e.g., social networking platforms). This enables these third parties to target advertisements to you for products and services in which you might be interested. These advertisements may be targeted based on the pages you view on our Site or on third-party websites, as well as other information that they may have about you. These third parties may use cookies, JavaScript, web beacons (including clear GIFs), LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. We may provide these third-party advertisers with information, including Personal Information, about you, as permitted under our agreements with such third parties.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or advertisements to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. Please note that even if you opt out, you may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

The service providers we use for online advertising may change. However, for your convenience, here are the opt outs for some of the advertising service providers we use as of the “Last Modified” date of this Policy:

Google Ads Opt Out
Google Analytics Opt Out

 

Your choices

  • Account information. If you ever wish to access your Personal Information, update your Personal Information or cancel your account, please contact us at info@jabberyak.com or through the contact information below. Please note that we may maintain copies of your information and Content even after you have updated the information or canceled your account.

  • Communications from JabberYak. We may send periodic promotional or informational emails to you, about JabberYak and other third-party information and offers. In the event you do not wish to receive such emails from JabberYak, you may opt out of such communications by following the opt-out instructions contained within the body of any email message you receive or by emailing us at info@jabberyak.com and requesting that you no longer receive communications from us. It may take us up to ten (10) business days to process your opt out request. Even if you have opted out of receiving marketing and promotional emails from us, we may still send you transactional emails, such as emails about your account or the services you have requested from us.

  • Communications from Third Parties. You may also opt out of our sharing your information with third parties for their own marketing purposes on a going forward basis by emailing us at info@jabberyak.com. Please note that once we have shared your information with a third party, such information is subject to that third party’s privacy policies and practices.

  • Online advertising. Please see our Online advertising section above for more information about your choices regarding online interest-based advertising.

 

International transfers

Our Site is maintained in the United States of America. The information we collect from you through our services may be transferred to, stored at, and processed in the USA and other destinations outside the European Economic Area (“EEA”) or other country in which you are located. This includes processing by us, our affiliates, our third-party service companies and other third parties as described in this Policy. You explicitly consent and agree to such transfer, storing and/or processing of your Personal Information outside the EEA or other country in which you are located. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA. The USA may not have data protection laws that are as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Information will at all times be in accordance with this Policy.

 

Your European privacy rights

If you are a resident of the European Union, you have certain additional rights with respect to your Personal information under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), including the following:

  • The right of access to your Personal Information.

  • The right to rectify your Personal Information if it is incorrect or incomplete.

  • The right to have your Personal Information erased (“right to be forgotten”) if certain grounds are met.

  • The right to withdraw your consent to our processing of your Personal Information at any time (if our processing is based on consent).

  • The right to object to our processing of your Personal Information (if processing is based on legitimate interests).

  • The right to object to our processing of your Personal Information for direct marketing purposes.

  • The right to receive your Personal Information from us in a structured, commonly used and machine-readable format, and the right to transmit your Personal Information to another controller without hindrance from us (data portability).

 

If you are located in the European Union and you are or have been our customer, we may send you marketing communications based on our legitimate interests, subject always to your right to opt out of such communications. Further, if you are located in the European Union, we will never share your personal information with a third party for such third party’s marketing purposes, unless you have specifically consented to us doing so.

You may contact us at info@jabberyak.com to exercise any of the above rights. We may request specific information from you to confirm your identity, and in some circumstances, we may charge a reasonable fee for access to your Personal Information.

Furthermore, if you believe that our processing of your Personal Information is inconsistent with your data protection rights under the GDPR and we have not adequately addressed your concerns, you have the right to lodge a complaint with the data protection supervisory authority of your country.

For purposes of the GDPR, we are a “controller” and you are a “data subject.”

 

Your California privacy rights

If you are a California resident, California law provides you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit Privacy Notice for California.

Children’s privacy

Our Site is not targeted to children under thirteen (13) years of age and we do not knowingly collect Personal Information from children under 13. If we discover that we have inadvertently collected Personal Information from a child under 13, we will promptly take measures to delete that Personal Information from our systems. In the case of residents of the European Union, we do not collect Personal Information from anyone under the age of 16 except with parental consent, subject to an EU member state providing by law for a lower age (not below 13 years).

External links

Our Site may contain links to other websites. Your use of an external website is subject to and governed by the terms and policies of that website. JabberYak is not responsible for the privacy practices of such other websites. We encourage our users to read the privacy statements of each and every website they visit.

Security

We have implemented technical and organizational measures, appropriate to the risk, to protect your information against accidental or unlawful destruction, loss or alteration and unauthorized disclosure or access. For example, we limit internal access to our servers and have physical, electronic, and administrative safeguards in place that are designed to protect your information. However, the transmission of information via the Internet is not completely secure, and we cannot guarantee the security of information transmitted through our Site. We cannot ensure or warrant the security of any such information, and you provide such information at your own risk.

You can also take steps to help protect your information. For example, if you have an account with us, you should take steps to protect against unauthorized access to your account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private.

Data Retention

We retain your Personal Information, if provided by you through our Site, for as long as your inquiry is active (as determined by us) and for a reasonable time thereafter, or if applicable, for as long as you remain on our marketing list. We also may retain your Personal Information for a longer period of time on the basis of our legitimate interests in providing our Services to you or as necessary to comply with our tax and legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use aggregated or anonymous data previously collected so that it can no longer be used for personal identification and/or anonymize or aggregate your Personal Information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

Changes to this Policy

This Policy was last updated as of the “Last Modified” date above. JabberYak may modify this Policy at any time and will post any updates to our Site. We therefore encourage you to review this page frequently for any changes.

Contacting JabberYak

If you have any questions or comments about this Policy, or to exercise your rights under this Policy, please contact us using the information below.

JabberYak, LLC
PO Box 15756 Scottsdale, AZ 85276 

Tel: 602.904.7888 Email: info@jabberyak.com

Privacy Notice for California Residents

Effective as of: January 1, 2020

This Privacy Notice for California Residents supplements the information contained in the Privacy Policy of JabberYak, LLC (including its affiliate entities, collectively, “JabberYak” or the “Company”) and applies solely to all visitors to our website and users of any of our products, apps or services who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA or the applicable regulations have the same meaning when used in this notice.

Information We Collect

Our website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, JabberYak’s website has collected the following categories of personal information from its consumers within the last twelve (12) months:

Category Examples:

 

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.

 

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, address, telephone number, credit card number, debit card number, or any other payment information provided in connection with making a purchase. Some personal information included in this category may overlap with other categories.

 

C. Protected classification characteristics under California or federal law.

Collected only where provided by the user in connection with providing a design for custom merchandise: age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, sex, sexual orientation, veteran or military status.

 

D. Commercial information.

Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories.

 

E. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

 

F. Geolocation data.

Physical location or movements.
 

Personal information does not include:

  • Publicly available information from government records.

  • Deidentified or aggregated consumer information.

  • Information excluded from the CCPA's scope, like:

    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

JabberYak obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, when you complete our forms, make a purchase or when you use our services.

  • Indirectly from you. For example, from observing your actions on our website.

 

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase our products and services, we will use that information to process your payment and facilitate delivery of products. We may also save your information to facilitate new product orders or process refunds.

  • To provide, support, personalize, and develop our services.

  • To create, maintain, customize, and secure your account with us, as applicable.

  • For marketing and advertising purposes.

  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.

  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  • To personalize your experience of our services and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).

  • To help maintain the safety, security, and integrity of our services, databases and other technology assets, and business.

  • For testing, research, analysis, and product development, including to develop and improve our services.

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of JabberYak’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by JabberYak about users of our services is among the assets transferred.

  • As may be otherwise set forth in JabberYak’s Privacy Policy in particular in the sections: “How we use your information,” “How we share your information” and “Cookies and other tracking mechanisms.”

 

JabberYak will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

JabberYak may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, COMPANY has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers

  • Affiliated companies

  • See JabberYak’s Privacy Policy, in particular the section: “How we share your information.”

 

Sales of Personal Information

In the preceding twelve (12) months, COMPANY has not sold personal information.

 

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that JabberYak disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information.

  • The specific pieces of personal information we collected about you (also called a data portability request).

  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

    • sales, identifying the personal information categories that each category of recipient purchased; and

    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

Deletion Request Rights

You have the right to request that JabberYak delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  • Debug products to identify and repair errors that impair existing intended functionality.

  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  • Comply with a legal obligation.

  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us at: 602.904.7888 

Emailing us at: info@jabberyak.com

 

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through any password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

 

Response Timing and Format

We will confirm receipt of your request and provide information about how we will process your request, including our verification process. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and the extension period in writing, which may be up to an additional forty-five (45) days.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • Provide you a different level or quality of goods or services.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices or rates. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

 

Changes to Our Privacy Notice

JabberYak reserves the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will post the updated Privacy Notice on our website and update the Privacy Notice's revision date. Your continued use of our services following the posting of changes constitutes your acceptance of such changes.

 

Contact Information

If you have any questions or comments about this Privacy Notice, the ways in which JabberYak collects and uses your information as described herein and in JabberYak’s general Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

JabberYak, LLC
PO Box 15756 Scottsdale, AZ 85276 

Tel: 602.904.7888 Email: info@jabberyak.com