TERMS & CONDITIONS OF USE 

Last updated July, 2022

 

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS SITE. OAK FORGE, INC ("OAK FORGE," “we,” “us,” or “our”) maintains this website (the “Site”) as a service to OAK FORGE’s customers, and by using the Site you are agreeing to comply with and be bound by the following terms of use (this “Agreement”). Please review the following terms and conditions carefully and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from the Site.

 

Entire Agreement.  This Agreement, and all OAK FORGE policies referenced herein, constitute the entire and only agreement between OAK FORGE and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on OAK FORGE only if agreed in writing by you and an authorized representative of OAK FORGE. This Agreement may be amended by OAK FORGE at any time and from time to time without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

 

Use of the Site. By accessing the Site and/or ordering any product, you are agreeing to not use OAK FORGE’s services or the Site 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.

 

For more information regarding OAK FORGE’s use of your personal information, please see our Privacy Policy. 

 

Verifying Your Address. OAK FORGE reserves the right to contact you via email to verify the accuracy of information provided at any point while using the website. 

 

Fraud. By doing business with OAK FORGE, you confirm that the information provided is true and that you agree to abide by this Agreement. OAK FORGE reserves the right to cancel any sale and seek damages if false or misleading information is provided, Agreement has been violated, or other abuses have occurred as determined by OAK FORGE in its sole discretion.

 

Copyrights and Trademarks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 9, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. By posting of information or materials on the Site, OAK FORGE does not waive any right in such information and materials.

 

Product Information and Colors. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. In some cases, merchandise displayed for sale on the Site may not be available in stores. The prices displayed on the Site when shipping to the United States are quoted in U.S. Dollars.

 

Errors, Inaccuracies, and Omissions. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, delete any information or content appearing on the Site, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

 

Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree not to download, display or use any OAK FORGE content located on the Site for use in any publications, on websites other than the Site for any commercial purpose, in connection with products or services that are not those of OAK FORGE, in any other manner that is likely to cause confusion among consumers, that disparages or discreates OAK FORGE and/or its licensors, that dilutes the strength of OAK FORGE, or that otherwise infringes OAK FORGE’s intellectual property rights. 

 

Protection of Intellectual Property. If you believe that any product purchased on the Site or any materials accessible on or from the Site have been copied in a way that constitutes copyright infringement, please notify us at info@OakForgeUSA.com, and provide the following information ("Notice"):

Your physical or electronic signature.

Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.

Identification of the material or products you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

A statement that the information in the written notice is accurate.

A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Please note that this procedure is exclusively for notifying OAK FORGE that your copyrighted material has been infringed. Upon receipt of your notification, OAK FORGE will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer but does not have the ability to collect or return allegedly infringing products.

 

Privacy Policy and Use of Information. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. On certain areas of the Site, you may be given the ability to provide us with personal information. OAK FORGE reserves the right, and you authorize OAK FORGE, to collect and use all information regarding use of the Site by you and all information provided by you in any manner consistent with OAK FORGE’s Privacy Policy. Please read our Privacy Policy for more information about our collection,  use and disclosure practices. The Privacy Policy also provides separate options for individuals to lodge complaints in relation to the Privacy Policy and your personal information.

 

Credit Card Payments. You represent and warrant that if you are purchasing something from OAK FORGE with a credit card that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. OAK FORGE does not accept reseller or sales and use tax exemption certificates for online sales. Payment is required in full upfront before an order for products will move into production or fulfillment. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) limit quantities on orders placed by the same person, on orders place by the same credit card, and on orders that use the same billing or shipping address; (iii) limit or prohibit orders that, in OAK FORGE’s sole judgment, appear to be placed by dealers, resellers or distributors; (iv) impose conditions on the honoring of any promotional code, or other similar promotion; (v) bar any user from making or completing any or all transaction(s); and (vi) refuse to provide any user with any product. Resellers are defined as a company or an individual that purchases product with the intention of selling them rather than using them.

 

Title and Loss. Title to and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. OAK FORGE will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

Links to Other Websites. The Site contains links to other websites. OAK FORGE is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by OAK FORGE. Inclusion of any linked website on this Site does not imply approval or endorsement of the linked website by OAK FORGE. If you decide to leave the Site and access these third-party sites, you do so at your own risk.

 

Submissions. All suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time send to OAK FORGE (collectively, “Submissions”) shall be deemed and shall remain OAK FORGE’s sole property and shall not be subject to any obligation of confidence on OAK FORGE’s part. Without limiting the foregoing, OAK FORGE shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

 

OAK FORGE retains the right to retain or display any custom designs or offer them (or variations of such designs) to other customers. Furthermore, OAK FORGE provides no warranty that designs created using our text tools and images will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party.

 

OAK FORGE reserves the right to re-purpose submitted artwork for marketing materials, including but not limited to: social media channels, website materials, advertisements, and print materials.

 

Custom Products. OAK FORGE values respect, tolerance and open dialogue, and we serve a diverse and varied customer base. OAK FORGE has the sole discretion to reject any order that we deem inappropriate for production, including those designs or text that we deem to:

Contain obscene, vulgar or profane content, including hate speech or symbols,

Contain explicit sexual content or innuendo,

Encourage violence, hate or negative stereotypes against individuals or groups,

Attack, harass or discriminate based on race, religion, ethnicity, gender, disability, national origin, sexual orientation or gender identity,

Incite public outrage or inspire violence,

Portray or promote irresponsible use of alcohol or other substances, or

Libel or defame an individual or group.

 

If a custom product is created to customer specification, it should not be construed as OAK FORGE’s endorsement of a particular affiliation or association (unless, of course, we explicitly make a statement of endorsement).

 

OAK FORGE respects the intellectual property rights of others and we ask that you do the same. By purchasing any custom product on or through the Site, you represent and warrant that your requested design does not violate anyone else’s rights, including copyrights, trademarks, trade secrets, privacy or other rights. OAK FORGE may terminate sales to any customer who infringes, or may infringe, the copyright, trademark or other intellectual property rights of others.

 

Please review your customized item carefully prior to submitting your order; customized items may not be canceled or returned once the order has been submitted. OAK FORGE is not responsible for any errors or mistakes that have been approved.

Return Policy. OAK FORGE's return policy is a part of this Agreement. OAK FORGE does not accept returns of customized products that are not damaged or defective upon receipt. You are responsible for inspecting products promptly upon delivery. All warranty and returns are at the sole discretion of OAK FORGE.

 

Order Modification/Rejection. OAK FORGE reserves the right to reject or modify any order, whether or not such an order has been confirmed and/or your credit card has been charged. You maybe notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, OAK FORGE mayissue a credit to your credit card account for the amount rejected.

 

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL OAK FORGE OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING OAK FORGE'S SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OAK FORGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Disclaimer. OAK FORGE makes no representations about the reliability of the features of the Site, the OAK FORGE content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. The Site is controlled, operated and administered by OAK FORGE from within the United States. OAK FORGE makes no representation or warranty that the content available on the Site is appropriate or available for use at other locations outside of the United States. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN. 

 

Promotions and Promotional Communications. On the Site, you may be able to participate in or sign up for surveys, sweepstakes, contests and other promotions (collectively “Promotions”). If you choose to participate in these Promotions, we may ask you for information such as your name, email address, postal address, telephone number, and birth date. We use the information you provide to us in accordance with our Privacy Policy. The Promotions may be governed by rules or terms that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules or terms.

SMS Service. BY SIGNING UP FOR OUR OPT-IN SMS SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION TO YOUR USE OF OUR SMS SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING SMS TERMS OF SERVICES, INCLUDING THESE TERMS AND CONDITIONS OF USE AND THE OAK FORGE Privacy Policy. OAK FORGE may send to you text (“SMS”) messages that contain promotions and marketing content. Be the first to know about new OAK FORGE products, colors, films, and events right on your mobile device. By opting-in to OAK FORGE SMS messages, you agree to receive recurring autodialed marketing messages to the telephone number used at the time of opt-in. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. 

Indemnity. You agree to defend, indemnify and hold OAK FORGE and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.

 

Notices and Electronic Communications. Except as explicitly stated otherwise, any notices you send to OAK FORGE shall be sent by mail to OAK FORGE, Attn: Legal, 2721 Taylorsville Rd., Louisville, KY 40205 . In the case of notices OAK FORGE sends to you, you consent to receive notices and other communications by OAK FORGE posting notices on the Site, sending you an email at the email address, or mailing a notice to you at your billing address provided by you. You agree that all agreements, notices, disclosures and other communications that OAK FORGE provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us. You may also contact us by writing to OAK FORGE,, Attn: Legal, 2721 Taylorsville Rd., Louisville, KY 40205. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

 

Applicable Law and Disputes; Arbitration. To the extent permitted by law, this Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Kentucky, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You agree that any disputes directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of OAK FORGE products via OAK FORGE.com) shall be resolved exclusively by final and binding arbitration taking place in Louisville, Kentucky  under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding such Rules, however, such proceeding shall be governed by the laws of the state of Kentucky, U.S.A. Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

 

Any cause of action or claim you may have directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of OAK FORGE products via OakForgeUSA.com) must be commenced within one (1) year after the claim or cause of action arises.

 

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

 

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING ARBITRATION PROVISIONS.


 

Privacy Policy

 

INTRODUCTION

This Privacy Policy describes how OAK FORGE collects and uses Personal Information about you through the use of our Services, and through email, and other electronic communications between you and OAK FORGE.

 

OAK FORGE Holdings, Inc., and its Affiliates (“OAK FORGE”, “We” or “Us”) wants you to be familiar with how we collect, use and disclose information. This Privacy Policy (our “Privacy Policy”) describes our practices in connection with information that we collect through:

 

Websites operated by us from which you are accessing this Privacy Policy (collectively, the "Websites”);

Email, telephone and other electronic messages between you and us; and

Our Stores when you visit us in person.

This Privacy Policy does not apply to information collected by:

 

us offline or through any other means, including on any other website operated by OAK FORGE or any third-party; or

any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Collectively, we refer to the Websites emails, and offline business interactions as the “Services.”

 

If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using this Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see the “UPDATES TO THIS PRIVACY POLICY” Section of this Privacy Policy). Your continued use of our Websites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

 

DATA CONTROLLER, DATA PROTECTION OFFICER, AND REPRESENTATIVE

 

OAK FORGE is the data controller of the Personal Information you provide through the Services. At this time, OAK FORGE is not required to appoint a Data Protection Officer or a representative. OAK FORGE will update this Privacy Policy if it does.

 

At this time, OAK FORGE is not required to appoint a Data Protection Officer or a representative in the EU, and has elected not to do so. OAK FORGE may be contacted in any manner set forth below in the “CONTACT INFORMATION” Section of this Privacy Policy.

 

OAK FORGE AFFILIATES

 

OAK FORGE Affiliates includes all OAK FORGE subsidiaries and affiliates.


 

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

 

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

 

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual, information that is about you individually, but does not identify you, and information about your internet connection, the equipment you use to access our Services and usage details. The Services collect Personal Information, including:

 

Name;

Postal address (including billing and shipping addresses);

Telephone number;

Email address;

IP address (we may also derive your approximate location from your IP address);

Account information (if applicable), such as username and password;

Payment card data;

Demographic information and other information provided by you that does not reveal your specific identity; and

Websites traffic data, location data, logs, referring/exit pages, date and time of your visit to our Services, error information, clickstream data, and other communication data and the resources that you access and use on the Services;

Information collected through cookies, pixel tags and other technologies; and

Information about your Internet connection, the equipment you use to access our Services and usage details.

If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

 

COLLECTION OF PERSONAL INFORMATION

 

We and our service providers collect Personal Information in a variety of ways, including:

 

Through the Services.

 

Automatically through our Website.

Usage and Equipment Information. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, for example, details of your visits to our Website, such as traffic data, location, logs, referring/exit pages, date and time of your visit to our Website, error information, clickstream data, and other communication data and the resources that you access and use on the Website, and information about your computer, mobile device, and Internet connection, specifically your IP address, operating system, and browser type.

 

Location Information. This Website collects real-time information about the location of your device. You can choose whether or not to allow the Website to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Website may then be inaccessible or not function properly. For more information, see the “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION” Section below.

 

The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Website according to your individual interests, and to recognize you when you return to our Website.

 

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. We only place non-essential cookies on your hard drive with your consent. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Websites.

 

Web Beacons. Pages of our Websites and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit OAK FORGE, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies.

Third Party Cookies. Some content or applications, including advertisements, on our Websites are served by third-parties, including our third-party marketing partners, including advertisers, ad networks and servers, content providers, application providers, and social media sites. With your consent, these third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you access our Websites. The information they collect may be associated with your Personal Information or they may collect information, including Personal data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising and other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about advertisement or other targeted content, you should content the responsible provider directly

 

Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of our Websites. Google Analytics uses cookies to help our Websites analyze how users use the site. You can find out more about how Google uses data when you visit our Websites by visiting “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/).

 

We also use Closed Circuit TV cameras to collect and retain for a limited duration images of our customers in our stores for fraud detection, theft prevention and security.



 

LAWFUL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION

 

We have a lawful basis for our processing of your Personal Information, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent.



 

USE OF PERSONAL INFORMATION

 

We use your Personal Information for various purposes described below, including to:

 

provide our Website to you;

provide products and Services to you;

provide you with information you request from us;

enforce our rights arising from contracts;

notify you about changes; and

 

We and our service providers use Personal Information that we collect about you or that you provide to us for the following purposes:

 

Providing the functionality of the Services and fulfilling your requests.

To provide the Services’ functionality to you, such as providing you with related customer service.

To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments, or complaints.

To complete your transactions, verify your information, and provide you with related customer service.

To send administrative information to you, such as changes to our terms, conditions, and policies.

 

We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

Providing you with our newsletter and/or other marketing materials.

To send you marketing related emails and direct mailings, with information about our services, new products, and other news about our company.

 

We will engage in this activity with your consent or where we have a legitimate interest.

Analyzing Personal Information for business reporting and providing personalized services.

To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services.

To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.

To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.

 

We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law.

Allowing you to participate in sweepstakes, contests or other promotions.

We may offer you the opportunity to participate in a sweepstakes, contest, or other promotion.

Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information. Please read those additional rules before choosing to participate.

 

We use this information to manage our contractual relationship with you.

Aggregating and/or anonymizing Personal Information.

We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.

Accomplishing our business purposes.

For data analysis, for example, to improve the efficiency of our Services;

For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements;

For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;

For developing new products and services;

For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures;

For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;

For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and

For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.

 

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest.

 

DISCLOSURE OF PERSONAL INFORMATION

 

We do not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Privacy Policy. We may disclose your Personal Information on a need to know basis, as listed below:

 

To our affiliates for the purposes described in this Privacy Policy.

Our affiliates include any third party company engaged with OAK FORGE to provide services related to design, manufacturing, and/or fulfillment.

To a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form.

 

To our third party service providers, contractors, and other third parties to support our business.

These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services. For more information on our third party payment providers see the “THIRD PARTY PAYMENT SERVICE” Section below.

To our third-party marketing partners for marketing and advertising purposes.

However, we do not share any information/data collected from the Short Message Service (SMS) program with third parties for marketing and advertising purposes.

To third party sponsors of sweepstakes, contests, and similar promotions.

However, we do not share any information/data collected from the Short Message Service (SMS) program with third party sponsors of sweepstakes, contests, and similar promotions.

For any other purpose disclosed by us when you provide the information.

 

To enforce our rights.

 

With your consent.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction as long as the aggregated information does not relate to any identified or identifiable person.

 

We may also disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so:

 

To comply with applicable law and regulations.

This may include laws outside your country of residence.

To cooperate with public and government authorities.

To respond to a request or to provide information we believe is necessary or appropriate.

These can include authorities outside your country of residence.

To cooperate with law enforcement.

For example, when we respond to law enforcement requests and orders or provide information we believe is important.

For other legal reasons.

To enforce our terms and conditions; and

To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.

In connection with a sale or business transaction.

We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

 

SECURITY

 

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Information. You can help protect your Personal Information and other information by keeping your password to our Websites confidential.


 

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. All payment transactions are performed by our third-party payment processor, who must comply with appropriate industry standards to protect your payment information.


 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we take security measures to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in any manner set forth below in the “CONTACT INFORMATION” Section below.

 

YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

 

We strive to provide you with choices regarding the Personal Information you provide to us. We have created the following mechanisms to provide you with control over your Personal Information.

 

We do not control the collection and use of your information collected by third parties described above in the “DISCLOSURE OF PERSONAL INFORMATION” Section of this Privacy Policy. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

 

Correct or update your information. If you would like to request changes to Personal Information that you have previously provided to us to ensure that it is complete, accurate, and as current as possible, please contact us by mail, email, or using the “CONTACT INFORMATION” below. Please note that we may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect

 

Opt-out of email communications. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by using the opt-out mechanism contained in each such email. Please allow 10 days for the change to take effect. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.

 

Opt-out of text communications. By signing up via text, you agree to receive recurring automated marketing text messages from OAK FORGE Mobile Alerts at the cell number used when signing up. Consent is not a condition of any purchase. Msg & data rates may apply. OAK FORGE Mobile Alerts program is valid in the U.S. only.

 

Opt-out of physical mail communications. If you no longer want to receive physical mail or catalogs from us on a going-forward basis, please contact us by mail or email, or telephone using the "CONTACT INFORMATION" below.

 

To the extent that our processing of your Personal Information is based on your consent, you may withdraw your consent at any time by removing your name from our marketing lists. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Information. To exercise this option, please contact us by mail or email, using the "CONTACT INFORMATION" below.

 

Tracking Technologies and Advertising. Some content or applications, including advertisements, on our websites, are served by third parties, including advertisers, ad networks and servers, content providers, application providers, and social media sites. We may use "cookies", "web beacons" and other similar technologies to collect information in connection with our services and our advertisements. You may withdraw or change your consent at any time by selecting "Cookie Settings" in the Privacy & Compliance section of the website footer. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly

 

You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info). We do not control third parties collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt-out of receiving targeted ads from members of the NAI on its website.

 

YOUR PRIVACY RIGHTS

 

The law in certain US states may provide their residents with additional rights regarding our use of your Personal Information. To learn more about any additional state specific rights that may be applicable to you, please see the privacy addendum that is attached to this Privacy Policy.

 

If you are a resident of any country within the EEA or the UK, please visit the OAK FORGE Privacy Policies for your respective jurisdictions, for more information on your privacy rights and how to exercise them.

 

RETENTION PERIOD

 

We retain your Personal Information for as long as you remain engaged with OAK FORGE, through, on our marketing lists, or through other methods. . In some instances, we may keep it after you have disengaged from OAK FORGE , for example we may keep it:

 

on our backup and disaster recovery systems;

for as long as necessary to protect our legal interests; and

and to comply with other legal requirements.

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

 

The criteria used to determine our retention periods include:

 

The length of time we have an ongoing relationship with you and provide the Services to you ;

Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or

Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

 

THIRD PARTY SERVICES

 

This Privacy Policy does not apply to information collected by third party websites that may be accessible through the Services.

 

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

 

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with our Social Media Pages.

 

AUTOMATED DECISION-MAKING

 

We generally do not use your Personal Information with any automated decision-making processes that produce legal or similarly significant effects.

 

Our service providers may use techniques like machine learning (European law refers to this as “automated decision-making”) to help us improve our services. When our service provider uses such machine learning, it either: (1) still has a human being involved in the process (and so is not fully automated); or (2) uses machine learning in ways that do not have significant privacy implications, for example, reordering how apps might appear when you visit the online store (and so does not produce legal effects or similarly significant effects).

 

DO NOT TRACK SIGNALS

 

We may use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.

 

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. Because there is no standard for these signals at this time, we currently do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

 

USE OF SERVICES BY MINORS

 

Our Services are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Services. We will remove any information about a child under the age of 18 if we become aware of it.

 

The Services are not intended for individuals under the age of 18, and we do not knowingly collect Personal Information from individuals under 18. If you are under 18, do not register for Services, make any purchases through the Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 18, please contact us through our website at OakForgeUSA.com contact-us-form or through email at info@OakForgeUSA.com.

 

JURISDICTION AND CROSS-BORDER TRANSFER

 

We may process your Personal Information outside of your home country, including to or from the United States. When we transfer Personal Information outside of your home country, we provide appropriate safeguards to protect your Personal Information.

 

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may not or do not provide an equivalent level of protection for your Personal Information. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

 

ADDITIONAL INFORMATION REGARDING THE EEA: Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here). Your Personal Information is transferred by OAK FORGE to another country as permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Information. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures to protect your Personal Information. You may obtain a copy of these measures by contacting us in accordance with the “CONTACT INFORMATION” Section of this Privacy Policy.

 

SENSITIVE INFORMATION

 

We generally do not request you provide and do not process any special categories of Personal Information.

 

OAK FORGE does not ask you to provide, and we do not knowingly collect, any special categories of Personal Information from you. Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Services or otherwise to us.

 

THIRD PARTY PAYMENT SERVICE

 

We may disclose Personal Information to third-party payment processors. If you make a payment through the Services, your Personal Information is subject to the third party’s privacy policy.

 

 

We may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information will be collected by such third party and not by us, and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use, and disclosure of your Personal Information. 

 

UPDATES TO THIS PRIVACY POLICY

 

We will post any changes to our Privacy Policy on our Website. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

 

We may change this Privacy Policy at any time. The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the web site. Any changes will become effective when we post the revised Privacy Policy on the Services. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and reviewing this Privacy Policy to check for any changes.

 

CONTACT INFORMATION

 

Please feel free to contact us with any questions or comments you have about this privacy notice or our privacy practices.

 

If you have any questions, concerns, complaints or suggestions about this Privacy Policy, have any requests related to your Personal Information pursuant to applicable laws, or otherwise need to contact us, please contact us at:

 

OAK FORGE 

ATTN: Legal

2721 Taylorsville Rd.

Louisville, KY 40205