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FINDMINE PRIVACY POLICY

INTRODUCTION

Welcome! The following privacy policy (the “Privacy Policy”) outlines the types of personal information that MISHKI, Inc. (“we,” “our,” or “us”) collects when operating the FINDMINE onlineservice and our website www.findmine.us (“FINDMINE” or the “Site”).

We try to collect as little information as possible while still providing you with quality online services. Your privacy is important to us, and we work hard to protect your personal information and ensure that information is kept private and secure. If you have any questions, please contact us at contact@findmine.us.

HOW YOU ACCEPT THIS POLICY

When you visit FINDMINE, sign up for an account, or otherwise provide us with any personal information, you consent to the terms and conditions of this Privacy Policy.

INFORMATION WE COLLECT AND WHY

In order to provide you with high-quality services and verify your identity, we collect various types of information when you visit the Site or use our online services.

As a Visitor

We may collect various types of anonymous information about visitors to the Site, such as device-related information (e.g., device, browser, IP address) and server log information (e.g., date and time of your visit), including by using cookies (which are described further below) in order to make better recommendations and better understand our visitors and to enhance FINDMINE.

As a User

When you set up your user account, we will also collect certain personal information such as your first and last name, email address, and password as part of your user profile. We use this information to validate your identity and ensure that you receive important information from your virtual personal shopper.

If you choose, you can optionally store additional information, such as your phone number, street address, social media profiles, occupation, birthday, and more. This information will better allow your virtual personal shopper to find items that suit your lifestyle.

We keep track of retailer websites that you browse, items on those websites that you purchase, and items suggested by FINDMINE that you purchase. This data allows the Site to find items to complete the look for an item that you’ve purchased, find items similar to what you’ve purchased, and keep track of your preferences so as to improve its future suggestions.

We may also collect various other types of personal information related to your use of FINDMINE. For example, we may ask for additional information if you contact us for technical support.

THIRD-PARTY SERVICES

With your permission, we may also collect login credentials from third party services (collectively “Third-Party Services”) If you authorize us to connect with any Third-Party Service, you grant us the permission to collect certain personal information, such as your name, email address, credit card number, and any other information, that the third-party service may make available to us. Your use of any Third-Party Service is governed by its Terms of Service and Privacy Policies. We will use and disclose such information in accordance with this Privacy Policy.

COOKIES

We may set and access cookies on your device when you use FINDMINE. A “cookie” is a small file containing a string of characters that is sent to your computer and stored on your device when you visit a website. You are not required to accept any cookies; however if cookies are impaired or disabled, you may not be able to log in successfully and/or some features of FINDMINE may not function properly.Upon accessing the FINDMINE website, a cookie is sent to your device that identifies your computer and allows you to use the service provided by the site. For example, if you click on an item on a retailer’s website, the cookie will store that information, allowing FINDMINE to make better recommendations upon visiting the site again while that cookie is still valid.

ANALYTICS

We may use analytics tools, such as “Google Analytics” and Mixpanel, to collect information about your usage of FINDMINE (collectively “Analytics Tools”). These Analytics Tools collect information such as how often you visit the Site, what pages you visit when you visit the Site, and what other sites you used prior to coming to the Site.

These Analytics Tools all operate differently. For example, Google Analytics only collects the IP address assigned to you on the date you visit FINDMINE, not your name or other identifying information. Although Google Analytics plants a permanent cookie on your computer to identify you as a unique user the next time you visit, the cookie cannot be used by anyone but Google. MixPanel, by contrast, gives us the ability to track your specific activity on the Site.

As of right now, we only use the information we get from Analytics Tools to improve the Site and do not combine the information collected through the use of Google Analytics or Mixpanel with personally identifiable information. However, we reserve the right to do so in the future

Google’s ability to use and share information collected by Google Analytics about your use of FINDMINE is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to FINDMINE by disabling cookies on your browser. You also can opt out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on here, and opt out of Mixpanel’s automatic retention of data collected through your browser by clicking here.

HOW WE USE YOUR PERSONAL INFORMATION

Your personal information is primarily used for the creation of a FINDMINE user account profile. We also use your personal information to enhance your user experience, maintain your user profile, understand how our Site is used, and protect the security of FINDMINE.

As part of this process, we may aggregate some of your personal information in certain data analysis, and may display this information publicly or provide or sell it to others. When aggregating personal information, we make sure that the information is not identifiable to any particular user.

HOW LONG WILL WE RETAIN YOUR INFORMATION

We will retain your personal information, unless you terminate your account or request that we delete it.

WHEN DO WE SHARE YOUR PERSONAL INFORMATION

As of right now, we do not sell, rent, or trade any information that you provide us or share any of your information with any third parties, except as provided below. However, we may do so in the future and will do our best to inform you about any such policy change.

We may also disclose personal information in response to service of legal process, such as a court order, summons, subpoenas, or as permitted or required by law when we reasonably believe it is necessary or appropriate to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Service.

We may disclose potentially personally identifying information to employees, contractors, and affiliated organizations that: (i) need to know your personal information in order to provide services available on FINDMINE; and (ii) have agreed not to disclose your information to others. Some of these employees, contractors, or affiliated organizations may be located outside of your home country. By using FINDMINE, you consent to the transfer of such information to them.

Information about our users, including personal information, may be disclosed or transferred to entities, now or in the future, affiliated with us or as part of any merger, acquisition, change of control, debt financing, insolvency, bankruptcy, or sale of our assets. Such information may be used in the businesses of any entity so receiving it.

CHILDREN

FINDMINE is not intended for and may not be used by children under the age of 18. We do not knowingly collect information from children under the age of 18 and we do not target our Site to children under the age of 18. You cannot sign up for a user account if you are under 18. If you learn that a child under the age of 18 has created a user account with FINDMINE or provided us with personally identifiable information, please contact us at contact@findmine.us.

YOUR CHOICE AS A USER

Once your FINDMINE user account profile has been created, you can review and revise that information. If you have any problems, you may also contact us at contact@findmine.us.

PROTECTION OF PERSONAL INFORMATION

We employ several physical and electronic safeguards to keep your information safe, including encrypted user passwords and securing all connections with industry standard transport layer security.

Even with all these precautions, we cannot fully guarantee against the access, disclosure, alteration, or deletion of data through events such as, but not limited to, hardware or software failure or unauthorized entry or use.

ONLINE TRACKING

Online tracking is the collection of data about an individual’s Internet activity used to deliver targeted advertisements and for other purposes. FINDMINE may track users over time and across third-party websites to provide retailer websites the ability to retarget customers to their websites from other websites.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

FINDMINE does not currently respond to the “Do Not Track” signal.

CHANGES TO THIS POLICY

We may modify this Privacy Policy at any time. Any changes to the Privacy Policy will be reflected on this page and will become effective immediately upon posting. If the changes are significant, we will do our best to notify you via email or through a notification on the site or mobile application. Please check the effective date below to determine if there have been any changes since you have last reviewed the Privacy Policy.

YOUR RIGHTS AS A CALIFORNIA RESIDENT

Residents of California have the right to request from us certain information with respect to the types of personal information we share with third parties for those third parties’ direct marketing purposes and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one request each year by emailing us at contact@findmine.us. Your request should specify your full name and the email address you used when submitting personal information to us.

INTERNATIONAL USERS & VISITORS

FINDMINE is hosted in the United States. Because the Internet is global, you should note that by providing your personal information as an international visitor or user, you are: (i) permitting the transfer of your personal information to the United States which may not have the same data protection laws as the country in which you reside; and (ii) permitting the use of your personal information in accordance with this Privacy Policy.

QUESTIONS

EMAIL

contact@findmine.us

MAILING ADDRESS

Attn: MISHKI, INC.
240 First Avenue, #4E
New York, NY 10002

EFFECTIVE DATE: June 15th, 2015

FINDMINE TERMS OF SERVICE

Welcome! Please read these Terms of Service (the “Agreement”) carefully, as they contain the legal terms and conditions that govern your use and access of the site, www.findmine.us (“FINDMINE” or the “Site”). This Agreement governs your use of FINDMINE and constitutes a legally-binding agreement between each user (“you”, “your”, “User”) and Mishki, Inc. (“we”, “us”, or “our”). If you have any questions about this Agreement please contact us send us a note at contact@findmine.us.

ACCEPTANCE OF THIS AGREEMENT

By clicking “I Agree,” you acknowledge that you have read, understood and agree to this Agreement and the accompanying Privacy Policy at http://www.findmine.us/legal

We reserve the right to revise and amend this Agreement from time to time at our sole discretion. Any changes to this Agreement will be posted on our website at http://www.findmine.us/legal and you will be given notice of any such changes (and be required to click through again to accept the revised Agreement and/or Privacy Policy). If you do not agree to any modifications to this Agreement, your sole remedy is not to accept the revised Agreement and to stop using the Site.

USER ACCOUNT

When you set up your user account, you must provide us with an email address and a password, as well as your age and gender. By creating an account you affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In addition, you affirm that you have not been previously suspended or removed from the Site. You also warrant that: (i) the information you provide to us is accurate and complete; (ii) you will keep your password secure; and (iii) you will notify us of any suspected breach of security or unauthorized use of your account. You cannot transfer your FINDMINE account.

PROPRIETARY RIGHTS

The design, layout, and source code of the Site are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights or trademark (“IP Rights”). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.

NON-EXCLUSIVE LICENSE

Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the Site during the period for which we provide you access. Without limiting the foregoing, you agree not to (and agree not to allow any third party to):

  • Sublicense, distribute, or use the Site outside the scope of the license granted in this Agreement;
  • Copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Site or otherwise attempt to discover any source code or trade secrets related to the Site;
  • Rent, lease, sell, assign, or otherwise transfer rights in or to the Site;
  • Use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Site;
  • Use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features or exploit any copyright or other proprietary rights associated with the Site, including screenshots and transcripts, in any way, unless we provide our express written consent;
  • Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names, and other distinctive brand features, copyright or other proprietary rights associated with FINDMINE or the Site; and
  • Remove, obscure, or alter any notice of copyright, trademark, or other proprietary rights appearing in or on any item included with the Site.

Any use of the Site other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate the license to use FINDMINE granted in this Agreement.

PROHIBITED ACTIVITIES

FINDMINE is provided only for your own personal use. You are responsible for all of your activity in connection with the Site. As a condition to of your use of the Site, you agree to comply with all United States and foreign laws. In addition to the other restrictions outlined in this Agreement, you agree:

  • Not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large burden or load on FINDMINE’s infrastructure;
  • Not to interfere or attempt to interfere with the proper working of FINDMINE or any activities conducted using the Site;
  • Not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code onto the Site that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of FINDMINE;
  • Not to impersonate any person or entity, including any of our employees or representatives;
  • Not to circumvent any security-related features of the Site, including those designed to limit copying or reproduction;
  • Not to bypass any measures we may use to prevent or restrict access to FINDMINE (or other accounts, computer systems, or networks connected to the Site);
  • Not to use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website;
  • Not to directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of FINDMINE, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of FINDMINE; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  • Not to violate any applicable local, state, national, and international laws or regulations; and
  • Not to use the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates this Agreement.

RIGHT TO TERMINATE ACCOUNT

Our Right to Terminate Account

We may terminate your account or otherwise prevent you from using the Site at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so.

If we terminate your account, or block your IP address, you must immediately stop using the Site and you agree not to attempt to regain access to the Site without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. We reserve the right to block access to the Site to anyone for any reason at any time. In the event of termination of your account, the provisions of this Agreement shall remain in effect.

User’s Right to Terminate Account

If you wish to terminate your account with FINDMINE, please contact us at contact@findmine.us.

In the event of termination of your account, the provisions of this Agreement shall remain in effect.

THIRD-PARTY SERVICES AND CONTENT

We utilize links and other tools to connect users to third-party services and websites (“Third-Party Services”). We have no control over the content and policies of these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third-Party Service through FINDMINE are solely responsible for complying with the terms and policies of these third parties.

In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service.

DISCLAIMER

YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.

OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “FINDMINE PARTIES”) DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT DEFECTS WITH THE SITE WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY THIRD-PARTY SOFTWARE ON THE SITE IS AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

LIMITATION ON LIABILITY

IN NO EVENT SHALL THE FINDMINE PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE LIABILITY OF THE FINDMINE PARTIES IN ANY CIRCUMSTANCE EXCEED THE LESSER OF THE ACTUAL AMOUNT OF DIRECT DAMAGES ATTRIBUTABLE TO THE SERVICES DURING THE TERM OF THIS AGREEMENT OR $100.00, WHICHEVER IS LESS.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the FINDMINE Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of this Agreement; or (iii) your violation of any law, rule or regulation, or the rights of any third party.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

MODIFICATION

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

NOTICE

We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing FINDMINE in an unauthorized manner. You acknowledge that under this Agreement by using the Site you are deemed to have received any and all notices that would have been delivered had you accessed FINDMINE in an authorized manner.

ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

ARBITRATION & WAIVER OF CLASS ACTION

You agree to arbitrate any dispute with us arising from this Agreement or your use of the Site on an individual basis. That means that you cannot sue us in court or have a trial by jury. You and the owners of FINDMINE, Mishki, Inc., further agree that: (i) any arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery.

At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND MISHKI, INC. WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

GOVERNING LAW

This Agreement shall be governed by the laws of the State of New York, without giving any effect to any conflict of law principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

FORCE MAJEURE

We will not be held liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

WAIVER

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

SEVERABILITY

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

NOTE TO INTERNATIONAL USERS

FINDMINE is hosted in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

QUESTIONS AND COMMENTS

We welcome comments, questions, concerns, or suggestions. Please contact us at: contact@findmine.com.

EFFECTIVE DATE: June 15th, 2015