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Privacy Policy

This website is owned and operated by HPB Glass LLC DBA Gatsby Glass. We respect your privacy and understand that you have a right to know why we collect your personal information and what we do with it. This Privacy Policy applies to information we collect through our Website (as defined below) as well as information we may collect offline.

This policy describes the type of information we collect from you and/or that you may provide us when you visit and/or use this website and/or any of our mobile applications (individually or collectively, “Website”). “You/your/user(s)” means you as a user of our Website.

By accessing the Website, you acknowledge this Privacy Policy and agree to be bound by the terms hereof, the Terms of Use, and any other terms or policies we post on the Website. If there is anything you do not understand, please email any inquiry to privacy@gatsbyglass.com. If at any time you do not agree to this Privacy Policy, please do not use the Website or provide us with any Personal Information.

We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Website or emailing you notice of the changes. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. You can tell if this Privacy Policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

YOUR SECURITY

We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access.

Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Website, any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties, and we will not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for unauthorized circumvention of any privacy settings or security measures contained on the Website.

YOUR RIGHTS

Various state laws provide you with certain rights. If you are a resident of any of those states, you may have the following rights:

  • The right to correct inaccuracies in your Personal Information
  • The right to request that we delete your Personal Information (unless we have a legal obligation to maintain such information)
  • The right to obtain a copy of your Personal Information from us that would allow you to transmit the data to another company
  • The right to opt out of the use of your Personal Information for purposes of targeted advertising including SMS or text messaging
  • The right to opt out of the use of your Personal Information for profiling purposes

We will not discriminate against you for exercising your privacy rights.

HOW TO EXERCISE YOUR RIGHTS

If you believe you are a resident of any state that has passed applicable laws relating to your privacy rights, please send your request to exercise any of these rights to us at privacy@gatsbyglass.com.

INFORMATION WE COLLECT

We collect various information that identifies you as a person (“Personal Information”) in two ways. First, we collect Personal Information that you provide to us. Second, we collect certain Automated Information that may contain Personal Information when you use our Website.

Personal Information You Provide to Us

The Personal Information you provide to us is generally:

  • contact details including name, email, telephone number and address
  • login and account information, including unique user ID and password
  • payment or credit card information through our third party payment processor

We collect Personal Information directly from you when you provide it to us. This typically occurs when you:

  • sign up for our email list
  • send us an email or other communication
  • register for an account with us
  • participate in our promotions, surveys, and/or contests

Automated Information

We also collect information, some of which may be Personal Information, through automated means by placing cookies when you visit our Website (“Automated Information”) such as:

  • the IP address of the device you use to connect to the internet (which may include information about your geographic location)
  • the unique identifiers of your device
  • your browser characteristics
  • your device characteristics
  • your operating system
  • your language preferences
  • the websites you visited before coming to our Website or through which you were referred to our Website
  • information on actions taken by you on our Website
  • dates and times of your visits to our Website
  • the pages you accessed on our Website

Most web browsers automatically accept cookies. If you do not wish to have cookies on your system, you can set your browser to refuse them. Please review the specific instructions from your browser in order to do this. However, please note that not accepting cookies may make certain features of our Website unavailable or difficult to view or use.

Third parties may also collect information via our Website through cookies and other technologies in order to:

  • deliver our targeted advertisements to you across the Internet;
  • provide us with analytical information about your visit to our Website;
  • provide us with analytical information about your interactions with our Website and other websites

HOW WE USE THE INFORMATION WE COLLECT

Most commonly we will use your Personal Information in the following circumstances:

  • To provide our services to you – This includes maintaining your account and communicating with you about your account or inquiries that you make.
  • To communicate with you about our company, brands, promotions, franchisees or other information we believe may be of interest to you – This includes advising you of changes or updates to our website or policies contained on the website, sending you information about promotions or events, sending you information about other products or services, and sending you information about product or service updates.
  • To advertise our company to you – This includes serving targeted advertisements to you based on your previous interactions with our website and developing and conducting our marketing, promotion and advertising campaigns.
  • To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • To improve our website and enhance our business – This includes troubleshooting issues we may have with the website, developing new features, products or services, and analyzing your interaction with our website.
  • Where you have otherwise asked us to do so or consented to us doing so.
  • To perform a service or a contract that we have entered into with you – This includes fulfilling requests that you may make of us.
  • Where it is necessary for our legitimate interests (or those of a third party) and your fundamental rights do not override those interests.
  • To comply with a legal or regulatory obligation – This includes cooperating with law enforcement and governmental authorities in response to valid subpoenas or other legal obligations.

SHARING PERSONAL INFORMATION WITH THIRD PARTIES

We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you. We do not share your Personal Information with any third parties except as set forth herein.

Affiliates or Franchisees: We own and operate the following websites and brands: https://horsepowerbrands.com/our-brands/. We may share your Personal Information with our family of brands for such other brands to promote their products and services to you.

Other Individuals/Entities: We may disclose your Personal Information to outside individuals and/or companies that help us bring you the products and services we offer and to create, operate, and maintain our Website. For example, we may share your Personal Information with other companies or individuals in order to:

  • manage a database of customer information;
  • distribute our marketing and other e-mails;
  • advertise our website and services to you;
  • assist us with direct marketing and data collection;
  • provide data storage
  • provide data analysis;
  • provide fraud prevention; and
  • provide other services designed to assist us in developing and running our Website and maximizing our business potential.

Investors/Business Transactions: If we seek investors or go through a business transition, including but not limited to, a merger, acquisition by another company, or a sale of all or a portion of our assets, your Personal Information may be shared as part of the negotiation of the transaction and will likely be among the assets transferred in the event of a sale or partial sale of our assets.

Law Enforcement/Court Actions/Fraud Prevention: We may also disclose or share your Personal Information with other companies or individuals when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Website or the public.

TARGETED ADVERTISING AND REMARKETING

You may see advertisements for our products/services on other websites and mobile applications because we work with third party advertisers to engage in remarketing and retargeting activities. Through our relationships with these advertisers, we can target messaging to our users by interest-based, demographic, contextual, and other means. These third party advertisers track your online activities over time and across websites, social media and mobile applications by collecting information through automated means, including through the use of third-party cookies, web server logs, pixels and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites, social media and mobile applications that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take. This data collection may take place both on our Website and on third-party websites, social media and mobile applications that participate in the advertising networks. This process also helps us track the effectiveness of our marketing efforts. Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offer a single location to opt out of ad targeting from member companies (www.networkadvertising.org).

OTHER WEBSITES

Our Website may contain links or references to websites operated by third parties, including social media companies, or you may have come to our Website using a link found in another website. This does not mean that we endorse these websites or the goods or services they provide. We do not make any representations or warranties about any website that may be linked to the Website. Such other websites are independent from us, and we have no control over, or responsibility for, their information, products or activities. Our privacy practices may differ from those of these other websites. If you provide Personal Information at one of these third party websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website's privacy policy before providing such website with any Personal Information.

If you use a third-party website or application to access our Website or your account on our Website, your activities on such third-party sites or apps are governed by the privacy practices of those sites or apps. The privacy policies of other sites and apps may differ significantly from ours, and we have no control over the operation of those sites or apps or the manner in which the collect, store, or process data.

YOUR CHOICES ABOUT HOW WE USE YOUR INFORMATION AND OPTING OUT

There are ways by which you can control how your Personal Information is used.

Tracking

You can set your browser to refuse some or all cookies or to alert you when cookies are being sent. Please visit your specific browser’s instructions for doing this. The “Help” function on most browsers contains information on how you can set your browser to notify you before accepting cookies, or you can disable them entirely. If you opt out of cookies, you may not be able to take advantage of various features of the Website that are available to other users. For example, we may use cookies to recognize you by name when you return to this site so you don’t have to login again and provide your password each time. If you use more than one browser, you will need to change each browser’s settings in order to refuse cookies.

Promotional Offers

If you do not wish to receive our email promotional offers, you may opt-out by checking the relevant box when we collect your information, logging into your account to update your preferences, or clicking on the “unsubscribe” link found in emails we send to you. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving our communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, if we have a data breach, or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Website, our business, and/or third parties

Advertising

If you do not want us to use Personal Information that we collect for us to deliver advertisements to you, you can opt-out of receiving such advertising.

There are third parties who provide tools that allow you to opt out of Internet-based and mobile advertising on your mobile device. Please visit TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/, the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/, or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.

When using the ad industry opt out tools described above, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out, and we have no control over the practices of any third-parties. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.

SMS / Text Messaging

By providing us with your mobile cell phone number, you are agreeing to receive recurring promotional and telemarketing messages sent via an automatic dialing system from or on behalf of HorsePower, including the following list of our affiliates and franchisees https://horsepowerbrands.com/our-brands. Your consent to receive such messages is not required as a condition of any purchase. Message frequency will vary and messaging and data rates may apply.

By providing us with your mobile cell phone number, you are also agreeing to our terms of service (https://www.gatsbyglass.com/terms-of-use/) and this privacy policy.

Analytics

Google

Our Website uses Google Analytics, a web analysis service of Google, Inc. You can learn more about Google Analytics here: https://marketingplatform.google.com/about/analytics/. Google Analytics employs cookies that are stored to your computer in order to facilitate an analysis of your use of the site. The information generated by these cookies, such as time, place and frequency of your visits to our site, including your IP address, is transmitted to Google’s location in the US and stored there. Google Analytics also uses electronic images known as web beacons (sometimes called single pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Website are used.

Google may transfer this information to third parties where required to do so by law or where such third parties process this data on Google’s behalf. Google states that it will not associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly as noted elsewhere in this Privacy Policy. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our Website.

Google Analytics also offers a deactivation add-on for most current browsers that provides you with more control over what data Google can collect on websites you access. The add-on tells the JavaScript (ga.js) used by Google Analytics not to transmit any information about website visits to Google Analytics. However, the browser deactivation add-on offered by Google Analytics does not prevent information from being transmitted to us or to other web analysis services we may engage.You can find additional information on how to install the browser add-on referenced above at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Constant Contact

We also use Constant Contact to assist with our email marketing. Constant Contact offers analytic services that will allow us to review user interaction with our email marketing and our website. You can learn more about Constant Contact’s services here: https://www.constantcontact.com/legal/customer-contact-data-notice

Hubspot

HubSpot Analytics is a web analytics service that utilizes cookie and usage data collected to track and examine the use of our Website, analyze demographic information, and prepare reports on user activities and share them with other HubSpot services.

You can learn more about the privacy practices of HubSpot here: https://legal.hubspot.com/privacy-policy.

DISCLOSURE FOR LEGAL PURPOSES

You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we are legally required to do so. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.

CHILDREN

We do not knowingly permit persons under 16 years of age to use the Website, and we do not knowingly collect, use or disclose Personal Information from anyone under 16 years of age. If we determine upon collection of Personal Information that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected Personal Information from a child under the age of 16, we will make reasonable efforts to delete such information from our records.

CONFIDENTIAL INFORMATION

We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

DELETION OF YOUR PERSONAL INFORMATION

You may request that we delete your Personal Information from our database and the databases of any other parties with whom we shared your Personal Information by emailing us at privacy@gatsbyglass.com. We will not delete your Personal Information if we have a legal obligation to maintain such information.

ASSIGNMENT

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder to any successor.

CONTACT

If you have any questions about your privacy or security at the Website, or wish to update your Personal Information, please send an email to privacy@gatsbyglass.com.

DATE LAST MODIFIED: November 21, 2024