The Sites are intended to be a safe environment for anyone who accesses and/or uses them or posts, submits, enters, transmits, or receives information, including without limitation software codes, and all sorts of other information in any and every format, including text, graphic designs, still images, videos, and any and every format, now existing or that may be created in the future (the “Content”).
Makellos has created this Policy to demonstrate our commitment to the privacy of users of our Website. This Policy governs your access and use of this Website, and Makellos’ privacy practices with respect to the Website and Makellos’ Social Media Sites. By using Makellos’ Sites, you consent to the collection, processing, use, disclosure and retention of your information by Makellos as described in this Policy. You will also be subject to any additional terms posted with respect to individual sections of Makellos’ Sites, which also govern your use of Makellos’ Sites. These additional terms include, without limitation the Terms of Service for Makellos’ Sites and Makellos’ Dealer’s Corner Terms.
Your Acceptance of this Policy
If you do not agree to this Policy, you are directed to discontinue using and accessing Makellos’ Sites. Makellos reserves the right to change or update this Policy at any time and without prior notice. Your continued access or use of Makellos’ Sites after such changes or updates indicates your acceptance of the Policy as changed or updated. It is your responsibility to review this Policy regularly. This Policy was last updated on September 16, 2019.
Collection, Processing, Use, Disclosure and Retention of Information About You
When you use the Website, Makellos automatically tracks and may record certain information about you. This information includes, but is not necessarily limited to, your Internet Protocol (IP) address, your Internet browser and version, your operating system, the Internet site or URL from which you came from prior to landing on Makellos’ Sites, the date and time that you access or use our Sites, geolocation information, metadata information, searches that you conduct, the fact that you visited the Sites, the pages that you visit within the Sites, your browsing activity on such pages, any information entered (whether or not actually submitted) on the pages that you visit within the Sites, mouse movements, clicks, scrolls and other data inputs that you make while on the Sites, and the Internet site or URL to which you go upon leaving Makellos’ Sites. Makellos reserves the right to use this information, in an aggregated and non-personally identifiable form only, to monitor the Sites’ performance, utilization of features and services, traffic trends, and other analytical and optimization information.
Except as otherwise provided in this Policy or Makellos’ Terms of Service, Makellos will not share, sell, trade or rent your personally identifiable information to third parties without your advance written permission or as required by law. When you register to use any of our Sites and/or the Dealer’s Corner (described below), and/or when you submit personal information to Makellos or any of the Sites, Makellos may ask you to provide certain personally identifiable information about yourself, such as your name, zip code, phone number, and email address. When you communicate with Makellos via email, telephone, fax or otherwise, Makellos may become privy to additional personally identifiable information about you. Makellos may use your information to market and/or sell products and services to you. By registering, you expressly opt-in and consent to Makellos contacting you subject to applicable law.
When you provide any personal information to Makellos by way of the Sites, you understand and consent to the collection, processing, use, disclosure and retention of such information by on or behalf of Makellos in the United States and/or any other country or jurisdiction, to the maximum extent permitted by such applicable laws. Makellos’ collection of personal information shall be limited to the purposes identified by Makellos in this Policy or Makellos’ Terms of Service. You may withdraw such consent as provided in this Policy or Makellos’ Terms of Service, provided that pursuant to law or other reasons, there may be circumstances in which you may not withdraw your consent to the collection, processing, use, disclosure and retention of your information. In any such case of your withdrawal of consent, you acknowledge that it may require a period of time before Makellos fully implements your request and you may therefore still be contacted by Makellos for a period of time thereafter in connection with prior consent. Notwithstanding your withdrawal of any consent, Makellos may still subsequently contact you for other purposes that are unrelated to marketing and/or selling, including without limitation legal or regulatory purposes. Please be aware that applicable law may require or permit the collection, processing, use or retention of your information without your consent.
If Makellos sells or transfers all or a portion of its business, whether to an affiliate, subsidiary, related entity, third party or otherwise, or if Makellos enters into a consolidation, merger, sale of stock or assets, or any similar transaction or enters into bankruptcy or insolvency, you expressly agree that Makellos shall have the right to sell or transfer any information Makellos has about you. In such a case, Makellos shall request that all parties involved in any such transaction conduct the collection, processing, use, disclosure and retention of your information in the same manner as Makellos does in this Policy.
Most Internet browsers can be set to transmit digital “Do Not Track” requests to websites and social media sites and platforms. Such sites may, but are not required to, comply with “Do Not Track” requests. At this time, Makellos does not respond to any digital “Do Not Track” requests.
You may at any time prevent Makellos from using your email address by “opting out” of specific mailing lists and services. To “opt out,” please send an email to Makellos at firstname.lastname@example.org.
If you have any questions about Makellos’ handling or use of your personal information, please contact Makellos’ Information Officer at the address below:
Attn: Information Officer
7400 State Road,
Philadelphia, PA 19136
Makellos’ Social Media Sites
In addition, when you register to use social media websites and platforms in general, you are generally required to furnish profile and other information to such websites and platforms in accordance with their own internal policies. Therefore, by using Makellos’ Social Media Sites, you are authorizing Makellos to collect and retain information about you, including your profile and other information that you have disclosed to such social media websites and platforms, and other tracking information arising from your access and use of Makellos’ Social Media Sites. You expressly consent to Makellos’ collection and retention of such information in accordance with this Policy, Makellos’ Terms of Service and Dealer’s Corner Terms.
Registration and Passwords
Access to many pages on the Website, including the Dealer’s Corner, is limited to active Makellos dealers who have registered to use the Website. In order to register, you will be required to apply on the Website to become a Makellos dealer. Dealers are required to meet criteria established by Makellos, including annual sales, among others. Makellos reserves the exclusive right to establish and/or change these criteria from time to time and without notice to you. Once you are approved by Makellos as a dealer, you will receive a unique username and password in order to access the Dealer’s Corner. You will not distribute to or share your username or your password with others. You are solely responsible for maintaining the confidentiality of your username and your password. You will be responsible for all consequences and damages arising from all uses of your registration, whether or not authorized by you. You agree to notify Makellos immediately of any unauthorized use of your registration, username or password.
Credit Card Processing and Security
We have taken numerous steps to ensure that your payment information is processed confidentially, accurately, and securely.
Makellos seeks to make your shopping experience safe. If unauthorized charges are made on your credit card as a result of shopping or submitting an order at the Website, we will reimburse you for any fraudulent charges not covered by your credit card issuer. The Fair Credit Billing Act prohibits your credit card company from holding you responsible for more than fifty dollars ($50) of fraudulent credit card charges if you are a victim of credit card fraud.
To make sure you receive optimum protection when ordering from Makellos’ Sites, we recommend using the latest version of your internet browser software and checking for and downloading security updates. Please also note that email is not a secure method of communication. Accordingly, Makellos asks you not to send your credit card information, checking information or other personal information to us through email. If you prefer, you may place your order by telephone. Simply call Makellos at (215) 666-0368. To further protect your information, we utilize state of the art back-end systems and restrict employee access to your information.
To determine whether your browser is in secure mode, you may confirm that a “lock” or a “key” icon is displayed in the lower left-hand corner of your browser window. You can also confirm this by looking at the URL bar on top of your browser. This line will typically show the first characters as “https” when a secure connection has been established rather than “http” which indicates a connection that is not secure.
Makellos wants you to feel completely comfortable. If you have more questions about the security systems that Makellos has in place, feel more comfortable ordering by telephone, please call (215) 666-0368 and we will be happy to help you.
Mobile Device Users of Makellos’ Sites
You can access and use Makellos’ Sites with virtually any mobile communications device (such as a tablet, smartphone, or wearable device) that has an Internet browser application or a software application. However, you may not be able to access or use Makellos’ Sites unless you subscribe or have access to a mobile telecommunications network. You are solely responsible to pay any service and/or telecommunications provider fees for mobile Internet access to Makellos’ Sites (including all applicable text messaging fees and data and other charges). Makellos is not responsible for any technical or other difficulties that you may experience when you use a mobile device or mobile communications network to access Makellos’ Sites.
Many mobile devices allow a user to control and disable Cookies and other privacy settings. Please refer to the instructions for your mobile device for additional information.
Some of the features of Makellos’ Sites may not be available or accessible when you view Makellos’ Sites using a mobile device. You understand that Makellos is providing its Sites to you on an “as is” basis.
Makellos strives to protect the personal information, confidentiality, and privacy of each user. However, Makellos cannot and does not guarantee the security of any personally identifiable information or Content that you disclose online or submit to Makellos (via Makellos’ Sites or otherwise), and you do so solely at your own risk.
You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of Makellos’ Sites on the Internet; (2) the technological limitations of security, privacy, and authentication measures and features on Internet sites and specifically, on Makellos’ Sites; (3) the risk that data or information is posted, submitted, entered or transmitted to or from Makellos’ Sites may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, “impostering”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, denial of service attacks, nuking, system contamination (including viruses, malware, worms, and Trojan horses) causing unauthorized, damaging, or harmful access to and/or retrieval of information and data on your computer or network; (4) the risk that data or information on any of Makellos’ Sites may be subject to other security or privacy hazards, may not reach its destination, or may reach an erroneous address or recipient; (5) unauthorized access by third parties; and (6) the content or the privacy policies of websites and social media websites and platforms to which Makellos may link or be linked.
Makellos is committed to the safety of children and to protecting the online privacy of children. Makellos does not request or knowingly collect any personal information from children under the age of thirteen (13). If Makellos becomes aware that a child under the age of 13 has provided personal information to the Sites, Makellos shall take reasonable measures to delete all such personal information prior to the public posting of such child’s personal information and further, Makellos shall delete all such information from Makellos’ stored records; provided, however, that in instances in which Makellos collects a persistent identifier and no other personal information, Makellos may use such identifier solely to provide support for the internal operations of the Sites. Children under the age of eighteen (18) may not use the Website. Makellos is not able to prohibit minors from visiting Makellos’ Sites. Makellos relies on the parents and guardians of children to monitor their children’s access and use of the Internet, including Makellos’ Sites.
Your California Privacy Rights
Annually, California residents may request and obtain personal information that Makellos has shared with third parties for such third parties’ direct marketing purposes within the prior calendar year (as defined by California Civil Code § 1798.83, commonly known as California’s “Shine the Light Law”). If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which Makellos shared this information in the immediately preceding calendar year. To obtain this information, please send an email message to email@example.com with the words “California Shine the Light Privacy Request” in the subject line as well as in the body of your message. Makellos will then furnish the requested information to that email address.
Makellos fully cooperates with law enforcement personnel and agencies in identifying those who use our services for illegal activities. Makellos reserves the right to release information to law enforcement agencies about a user in the following instances: (1) whenever Makellos believes that the user is in violation of this Policy, (2) as required by law, (3) when the user is engaging in any activities that Makellos in its sole discretion believes to be unlawful and the identity of those who may be responsible, (4) whenever Makellos believes disclosure is necessary to prevent physical harm or financial loss, or (5) in connection with an investigation of suspected or actual illegal activity.
General Legal Terms
You and Makellos have agreed to this Policy within the State of Pennsylvania, for all purposes. All products and services that are furnished to you on (or through) the Makellos’ Sites are deemed to be furnished by Makellos to you within the State of Pennsylvania.
All disputes arising out of, under, or in connection with this Policy (including without limitation, their validity, interpretation, performance, or breach) will be adjudicated exclusively in the United States District Court for the District of Pennsylvania located in Philadelphia, Pennsylvania or in the state courts located in (or having jurisdiction over) Philadelphia County, Pennsylvania. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse Makellos for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against (or by) you. This Policy and its validity and effect will be interpreted under, and governed by, the substantive laws of Pennsylvania, without regard to principles of conflicts of laws or statutes.
This Policy and any other operating rules or terms posted on Makellos’ Sites, including, without limitation, the Terms of Service and Makellos’ Dealer’s Corner Terms constitute the entire agreement between Makellos and you, and supersede all previous written or oral agreements between Makellos and you. No action or inaction by Makellos may be construed as a waiver of this Policy or any part thereof. If any of the provisions of this Policy are held to be unenforceable by a court having competent jurisdiction, the remainder of this Policy will continue in full force and effect.
Copyright © 2018 by Makellos. All Content contained in and on Makellos’ Sites is intellectual property belonging exclusively to Makellos and/or their respective owners, and is protected by federal and state copyright and other laws and international laws and treaties. Any copying, republication, redistribution or public performance of the Content is strictly prohibited. Makellos enforces its copyright, trademark, and other legal rights and interests to the maximum extent permitted under the law. All rights of Makellos are expressly reserved.
Last Modified: 9/16/2019