Terms & Conditions
This Website at www.4SBay.com (the “Website”), including the services and products offered on it, is provided by 4SBay Partners LLC or its affiliates (hereinafter, “4SBay”).
All photos, text, graphics, videos, audio material, software, and all other material on the Website (the “Information”) is made available only for informative purposes. All Information can be changed at any time without giving prior notice. The rights relating to this Website and Information, including the domain name, copyrights, trademarks, trade names, brand names, trade dress, logos, and all other material are owned by 4SBay and/or its licensors or affiliates, unless otherwise stated. 4SBay and its affiliates and/or licensors retain all rights regarding the Information and Website.
4SBay does not guarantee that the Information is correct, current, or complete. THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.4SBAY STREET DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4SBAY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.4SBAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE INFORMATION IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT4SBAY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Restriction of Liability
4SBay will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
4SBay will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the Information on this Website, even if there is negligence or 4SBay or an authorized 4SBay representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
Third-Party Links and References
The Website may contain references in the form of hyperlinks, banners, or buttons to third-party websites. 4SBay is not responsible for the content of these websites.
All remarks, suggestions, ideas, graphics, or other information communicated to 4SBay through this Website (together, the “Submission”) will forever be the property of 4SBay. 4SBay will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future 4SBay operations. Without limitation, 4SBay will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, 4SBay will be entitled to use the Submission for any purpose without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this Website is provided voluntarily by a visitor to this Website. You acknowledge that you are responsible for whatever material you submit, and you, not 4SBay, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You agree that any material you submit does not violate the intellectual property rights, or any other rights, of any third party.
1. What Personal Data Does 4SBay Collect and How?
“Personal Data” describes information that is capable of identifying specific users (also termed ‘Data Subjects’). All Personal Data is collected and processed fairly and lawfully, and in a way that respects your rights and is permitted by law. Examples of Personal Data we collect include:
your name, phone number, email address, gender, location information, birthday, when you complete optional information request forms such as Newsletter subscription forms, and general contact request forms on our Websites. This includes information submitted through manuscript submissions forms and information relating to any products or services purchased on our Websites (including billing and shipping address). These forms may also sometimes request you provide other Personal Data to help us determine your needs related to our products and services.
2. How we use your Personal Data
4SBay uses the Personal Data collected from the optional information request forms to discuss your interest in our company, to send information and updates about our company, such as promotions and events, and to contact you if requested or necessary. Depending upon your request, 4SBay may also ask for additional information, such as how you heard about us. This information is provided by you on a voluntary basis only and is not required by us in order for you to use and enjoy the Website.
Upon successfully submitting information to us such as signing up for a program, completing a survey or any other related action where you voluntarily provide us information, we may send you an e-mail notification (either a single message or a finite campaign) pertaining to that event where no opt-out is available.
he Website uses “cookies” and “web beacons” to collect data, including through the use of online analytics providers.
A “cookie” is a small text file that contains a random and unique identifier that either 4SBay or its third-party web analytics provider on behalf of 4SBay transfer to your computer’s hard drive through your web browser (unless you adjust your browser settings to reject cookies). This enables 4SBay or its third-party web analytics provider’s system to recognize your browser and track your movement through the Websites. While cookies do identify a user’s computer, they do not personally identify users and passwords and credit card information is not stored in cookies.
“Web beacons” (also known as clear gifs) are typically a transparent graphic image which, in combination with cookies, help us understand how you interact with the Website.
If you don’t like cookies, you can disable them altogether (please refer to the Help function on your browser settings). Please note that the Website relies on some of these cookies for functionality. If these are disabled, the Website may not work properly. Alternatively, if you want to disable certain types of cookies from this Website, you can do so by clicking on Preferences.
We use the following types of cookies:
Strictly necessary cookies: These are cookies that are required for the operation of our Website and are necessary to enable the basic features of the site to function and to do so securely and optimally. For example, these cookies themselves allow you to select your cookie preferences.
Functional cookies: These cookies allow us to analyze your use of the site to help us improve your experience. They also allow us to recognize you when you return to the Website. We also use these cookies to combat fraud.
Unless you withdraw your consent (see below for more information on this), we will keep your Personal Data for as long as is necessary for the purpose for which it is collected or used. The actual time will depend on the type of relationship you have with us, the nature of the data and the purpose for which it is used. However, we will periodically review all data at reasonable intervals, taking into account the purpose and use of your information both now and in the future (including whether it is necessary to store that information to perform our obligations under a contract), whether we have any legal obligation to continue to process your information (such as record-keeping obligations imposed by relevant law or regulation), and whether we have any legal basis to continue to process your information, in order to ensure our records are accurate and up-to-date. We will delete any data no longer required for our legitimate interests or any other purpose (such as for legal compliance). Please also keep us informed if your information is no longer accurate or otherwise up-to-date.
5. Updating and Choice/Opt-Out
If you are subscribed to receive newsletters from us, you may send us a request to unsubscribe from receiving such emails at any time by following the unsubscribe instructions within the email. We will comply with your unsubscribe request promptly.
6. Security, Storage and Privacy
Your privacy is important to us, as is the security of your information. We ensure all information is collected and stored in a manner that is appropriate for the nature of the data that we collect, and the need to fulfill your request. 4SBay and its group companies do not share, sell, rent, or trade Personal Data with third parties for their promotional purposes. The Websites uses security measures to help protect against the loss, misuse, and alteration of the information under our control. We also use computer safeguards such as firewalls and data encryption and physical access controls to our buildings and files.
However, no computer or other safeguards can be 100% secure from malicious intrusion, hackers or other unauthorized access. Therefore – although we use appropriate technical and organizational measures to protect your Personal Data that are proportionate to the state of the art, the costs of implementation and the nature, scope, context and purposes of processing the Personal Data as well as the risk of varying likelihood and severity for your rights and freedoms – we cannot guarantee that impenetrable security measures are in place or the illegal and/or unforeseen activity of third parties that may allow them to get around the robust privacy or security measures in place. For example, we cannot control any illegal and/or unforeseen activity of other users that may allow them to get around the privacy or security settings on the Website.
4SBay is not responsible for the privacy practices or the content of any other websites to which we link. We encourage our visitors to read the privacy statements of each website that they visit.
7. Legal disclosure
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website, or to protect the health and safety of our employees or the general public.
8. Children under the Age of 13
Our Website is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, please do not provide any information on these Websites.
9. Links to Other Sites
CALIFORNIA CONSUMER PRIVACY ACT (“CCPA”)
2. Your Rights with respect to your personal data
Your rights under the CCPA are as follows:
Right to be informed: You have the right to request disclosure of personal information relating to you that we have collected, used, disclosed, or sold within the past 12 months. If we collect personal information about you, you have the right to request disclosure of:
- The categories and specific pieces of personal information we have collected about you;
- The categories of sources from which we collected that information;
- The business or commercial purpose for collecting your personal information; and
- The categories of third parties with whom we share your personal information.
Right of request deletion of the data: If we collect personal information directly from you, you have the right to request that we delete your personal information that we collect or maintain.
Right to opt-out from future selling of your personal data: If we sell information about you, you have the right to request that we stop selling your information (an “opt-out request”).
Right to non-discrimination for the exercise of consumer privacy rights: You have the right not to be discriminated against for exercising any of your CCPA rights. As provided by the CCPA, we reserve the right to provide services that are reasonably related to information that you may choose to provide to us.
3. Exercising these rights
In order to exercise any of these rights, please send us an email to the email@example.com.
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with the information you have previously provided us.
For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
UPDATED: September 28, 2021