Please read the following terms and policies carefully. When you use this website, you acknowledge that you have read, understood and agree to be bound by the policies, terms and conditions set forth herein.
I hereby acknowledge that I have read, understood, and agree to be bound by the policies, terms, and conditions set forth in this document.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Website (“The Swinging Sticks”) reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion. (The words “we,” “our,” or “us” also refer to The Swinging Sticks.)
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at [Contact Us Below] or mailing us at:
30 North Gould Street, Sheridan, Wyoming, 82801, United States
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Illegal Or Abusive Usage Is Strictly Prohibited
You must not abuse, harass, threaten, impersonate, or intimidate other users of our website. You may not use the The Swinging Sticks’s service for any illegal or unauthorized purpose. International users agree to comply with all local laws (in addition to the laws of the United States and Wyoming ) regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our website, The Swinging Sticks will suspend your account or usage as applicable.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Swinging Sticks and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of The Swinging Sticks and is protected by United States and international copyright laws. All software used on this site is the property of The Swinging Sticks or its software suppliers and is protected by United States and international copyright laws.
When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Website and other The Swinging Sticks graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of The Swinging Sticks in the United States and/or other countries. The Swinging Sticks’s trademarks and trade dress may not be used in connection with any product or service that is not The Swinging Sticks’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits The Swinging Sticks. All other trademarks not owned by The Swinging Sticksthat appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Swinging Sticks.
License and Site Access
The Swinging Sticks grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of The Swinging Sticks. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of The Swinging Sticks. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including, but not limited to, images, text, page layout, or form of The Swinging Sticks without the express written consent of The Swinging Sticks. You may not use any meta tags or any other "hidden text" utilizing The Swinging Sticks’s name or trademarks without the express written consent of The Swinging Sticks. Any unauthorized use terminates the consent or license granted.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Swinging Sticks so long as the link does not portray The Swinging Sticks, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the The Swinging Sticks logo or any other proprietary graphic or trademark as part of the link without the express written consent of The Swinging Sticks.
Risk of Loss
All items purchased from The Swinging Sticks are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer of Warranties and Limitation of Liability
This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by The Swinging Sticks on an “as is” and “as available” basis, unless otherwise specified in writing. The Swinging Sticks makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. you expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, The Swinging Sticks disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Swinging Sticks does not warrant that this site, information, content, materials, products (including software), or services included on or otherwise made available to you through this site; The Swinging Sticks’s servers; or e-mail sent from The Swinging Sticks are free of viruses or other harmful components. The Swinging Sticks will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software), or services included on or otherwise made available to you through this site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain State laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
By visiting our website, you agree that the laws of the State of Wyoming will govern these Conditions of Use, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and The Swinging Sticks.
Any dispute relating in any way to your visit to our website or to products or services sold or distributed by The Swinging Sticks in which the aggregate total claim for relief sought on behalf of one or more parties exceeds One Hundred Dollars ($100.00) Dollars, shall be adjudicated in any State or Federal Court in Wyoming, and you consent to exclusive jurisdiction and venue in such courts.
If you have questions or concerns regarding this statement, you should first contact The Swinging Sticks at the email address or postal address specified on our homepage.
Information Collection and Use
Our primary goals in collecting personally identifiable information are to provide you with the product and services made available through our web site, including, but not limited to, our services, to communicate with you, and to manage your registered user account, if you have one.
Information Collected Upon Registration
If you desire to have access to certain restricted sections of our web site, you will be required to become a registered user, and to submit certain personally identifiable information to The Swinging Sticks. This happens in a number of instances, such as when you sign up for our services or if you desire to receive marketing materials and information. Personally identifiable information that we may collect in such instances may include your IP address, full user name, password, email address, city, time zone, telephone number, and other information that you decide to provide us with, or that you decide to include in your public profile.
Use of Contact Information
In addition, we may use your contact information to market to you, and provide you with information about, our products and services. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications.
When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website as Log Data. This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the websites you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. We use Log Data to monitor the use of the Site and of our Service, and for the Site’s technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Third Party Services
Members may register for other services from our website. Certain products and/or services available on our site are provided to you in partnership with third party(s) and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services shall identify the third party partners at the point of registration.
We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of The Swinging Sticks or a third party, the safety of the public, or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
GDPR ComplianceEU GDPR Compliance
This website is compliant with the privacy and data protection standards of the European Union known as GDPR.
Conduct an information audit to determine what information you process and who has access to it.
Organizations that have at least 250 employees or conduct higher-risk data processing are required to keep an up-to-date and detailed list of their processing activities and be prepared to show that list to regulators upon request. The best way to demonstrate GDPR compliance is using a data protection impact assessment Organizations with fewer than 250 employees should also conduct an assessment because it will make complying with the GDPR's other requirements easier. In your list, you should include: the purposes of the processing, what kind of data you process, who has access to it in your organization, any third parties (and where they are located) that have access, what you're doing to protect the data (e.g. encryption), and when you plan to erase it (if possible).
Have a legal justification for your data processing activities.
Processing of data is illegal under the GDPR unless you can justify it according to one of six conditions listed in Article 6. There are other provisions related to children and special categories of personal data in Articles 7-11. Review these provisions, choose a lawful basis for processing, and document your rationale. Note that if you choose "consent" as your lawful basis, there are extra obligations, including giving data subjects the ongoing opportunity to revoke consent. If "legitimate interests" is your lawful basis, you must be able to demonstrate you have conducted a privacy impact assessment.
GDPR Article 6:
Processing shall be lawful only if and to the extent that at least one of the following applies:
a. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
b. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
c. processing is necessary for compliance with a legal obligation to which the controller is subject;
The collection of personal customer data in regards to orders and transactions placed on this website is fully compliant with the GDPR regulations due to the requirements of tax authorities and invoice record keeping. Customers consent to giving this information after filling out the form and willfully submitting the information along with their order.
GDPR Article 12:
1. The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.
3. The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.
Please fill out this form to request all the data we have collected on you or this form to delete your data under the "Right to be Forgotten" policy.
To comply with the regulations governing cookies under the GDPR and the ePrivacy Directive you must:
a. Receive users’ consent before you use any cookies except strictly necessary cookies.
b. Provide accurate and specific information about the data each cookie tracks and its purpose in plain language before consent is received.
c. Document and store consent received from users.
d. Allow users to access your service even if they refuse to allow the use of certain cookies.
e. Make it as easy for users to withdraw their consent as it was for them to give their consent in the first place.
If you decide to include these 3rd party extensions you need to include an opt-in button that each visitor needs to accept before the tracker code will be revealed on the website. We understand this causes frustration with tens of millions of Google Analytics users but this decision has been affirmed by several European courts and does not constitute necessary legitimate use.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [Contact Us Below] or by mail at.
[Re: Privacy Compliance Officer]
30 North Gould Street, Sheridan, Wyoming, 82801, United States