APS Fulfillment “APS” provides to various retailers and manufacturers direct-to-customer order fulfillment services and warehousing, pursuant to which APS provides storage, packing and shipping of products to the retailer’s customers. APS is the publisher of the free editorial content email newsletter and business website (herein collectively and individually the “APS content”).
The information we learn from users helps us personalize and continually improve your shipping experience at www.apsfulfillment.com. Here are the types of information we gather.
This policy describes the type of information we collect from you and/or that you may provide us when you visit and/or use this website and/or any of our mobile applications (individually or collectively, “Sites”). “You/your/user(s)” means you as a user of our Sites.
1. TYPES OF INFORMATION WE COLLECT
We collect personal information from you and any devices (including mobile devices) you use when you purchase products or use our services. Some of this personal information, such as a way to identify you, is necessary to complete orders or provide requested information. The provision of all other personal information is voluntary, but may be necessary in order to use our services.
Information you give us: We receive and store any information you enter on our Web site or give us in any other way. You provide most such information when you price, ship, participate in a contest or questionnaire, or communicate with customer service. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom packages have been shipped, including addresses and phone number; people (with addresses and phone numbers) listed in your address book; content of reviews and e-mails to us; personal description; and financial information, including Social Security and driver’s license numbers. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shipping for you, improving our site, and communicating with you.
We collect various Personal Information in two ways. First, we collect Personal Information that you provide to us. Second, we collect certain Automated Information that may contain Personal Information that you provide to us.
1.1 Personal Information You Provide To Us
- a) Subscription, business dealings and ordering: Before engaging in a commercial relationship through our Sites, you must complete an order form and/or create an account. This will require you to provide certain personal information, including, but not limited to, your name, shipping and billing addresses, phone number, e-mail address, and payment information. In addition, you may also be asked to provide your country of residence and product/storage information. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and this Site, and for internal or third-party marketing and promotional purposes. If we encounter a problem when processing your order, we will use the personal information to contact you.
- b) E-mail address: Some areas of our Sites allow you to enter your e-mail address for purposes including, but not limited to, registering for our newsletters and promotional e-mails. You may unsubscribe at any time from receiving these messages by clicking on the “Unsubscribe” link contained in any promotional e-mail. (Please note that despite unsubscribing from such marketing communications, we may still contact you in relation to your order(s) or any issues relating to any business you conduct with us.)
- c) Personal Details including account history
- d) Credit Card Information and Bank Account Information: We may, in certain instances, collect credit card number(s), bank account information, and related information through our third party payment processor when you place an order on our Sites. The credit card credentials will be stored for future use. The card will be charged at the rate and frequency agreed to in the initial agreement, and the credit card credentials will be stored and utilized until you cancel. When the credit card or bank account information is submitted to us, such information is encrypted and is protected with SSL encryption software. We will use the credit card information or bank account information for the purposes of processing and completing the transaction you requested. Such information will be disclosed to third parties as necessary to complete the requested purchase transaction.
- e) Demographic information: we may collect information that may or may not be unique to you in the sense that it refers to selected population characteristics. Such information may include, but is not limited to, zip code, mobile phone carrier, age, gender, salary range, education and marital status, occupation, industry of employment, and personal and online interests.
1.2 Automated Information
- a) Behavioral information: we may collect information automatically pertaining to how you use our Sites, the areas of our Sites that you visit, what services you access, and information about your computer hardware and software, including your Internet protocol (IP) address, geographic location, browser preference, operating system type, domain names, times that you access the Internet, and other websites you have visited.
- c) Third-party information: we may collect information about you that we acquire from a third party that may include personal, demographic, behavioral, and indirect information. This collection may include, but is not limited to, first-party cookies, third-party cookies, anonymous cookies, persistent identifiers, e-mail opt-in, and search engine keywords. We have no access or control over these cookies and other tracking devices used by third-party advertisers and networks. We hold no responsibility or liability for the policies and practices of these parties.
1.3 No Information Collected from Children: We will never knowingly collect any personal information from children under the age of 13. If we obtain actual knowledge that we have collected personal information about a child under the age of 13, that information will be immediately deleted from the database. Because we do not collect such information, we have no such information to use or to disclose to third parties.
Browser information: Browser information is used by us to analyze user trends, administer our Sites, help prevent fraudulent activity, and help collect demographic information. This tracking information may be shared with our affiliated companies, but only as collective information. Individual activity will not be shared externally unless we are required to do so by law, or to protect the Sites, including the APS Content, our other customers, or anyone else who may be at risk.
2.2 Web Beacons: We use electronic images known as web beacons (sometimes called single-pixel gifs, clear gifs, or action tags) that allow us to collect information about your visit to our Sites, measure and improve the effectiveness of advertisements, and track delivery of advertising. Web beacons collect only a limited set of information, including a cookie number, time, and date of page view, as well as a description of the page on which the web beacon resides. We may also use web beacons in e-mail messages sent to you. This allows us to determine if you opened or acted upon the e-mail messages. Because web beacons are the same as any other content request, you cannot opt out or refuse them. However, they can be rendered ineffective by either opting out of cookies or changing the cookie setup in your browser.
2.4 Mobile Analytics: As part of our analytics, the APS Content uses software that enables us to get a better understanding of how our Sites look and work on mobile devices. Mobile analytics software tracks information on how you interact with our Sites on your mobile device. The mobile tracking information we collect may be shared with our affiliated companies, but only collectively. Information on your individual visits will not be shared externally unless we are required to do so by law, or to protect the APS Content, our other customers, or anyone else who may be at risk.
3.1 We endeavor to safeguard and protect your personal information. We employ physical, electronic, and procedural safeguards to protect the personal information you provide to us. When you submit information on our Sites, such information is protected both online and offline. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which we store your information are kept in a secure physical environment. The servers have industry standard firewalls. Access to such servers is password protected and access by our employees is limited. Currently, we use Secure Socket Layer (SSL) software to protect data and secure any transactions. SSL encrypts information, including credit card number(s) and names and addresses, as they are transmitted over the Internet. All payment transactions will be handled through our third party payment processor. Please be advised that although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure; therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our Sites is at your own risk. We cannot guarantee that such information will not be intercepted by third parties, and we will not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for unauthorized circumvention of any privacy settings or security measures contained on the Sites. However, access to your information is strictly limited and not accessible to the public.
4. HOW WE USE YOUR PERSONAL INFORMATION
We use the personal information we collect from you for a range of different business purposes and according to different legal bases of processing. The following is a summary of how and according to which legal bases we use your personal information.
4.1 We use your personal information to fulfill a contract with you and provide you with our services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good. This includes:
- a) To provide payment processing and account management; operate, measure and improve our services; keep our services safe, secure and operational; and customize Site content that includes items and services that you may like in response to actions that you take.
- b) To contact you regarding your account, to troubleshoot problems with your account or order, to resolve a dispute, to collect fees or monies owed, or as otherwise necessary to provide you with customer service.
- c) When contacting you for such purposes as outlined above, we may contact you via e-mail, telephone, SMS/text messages, postal mail, and/or mobile push notifications.
- d) To provide other services requested by you as described when we collect the information.
- e) We use general location information to provide you with location-based services (such as advertising and other personalized content).
- f) To prevent, detect, mitigate, and investigate fraud, security breaches, or other potentially prohibited or illegal activities.
4.2 We use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests. We have implemented controls to balance our interests with your rights. This includes:
- a) Contacting you via e-mail or postal mail in order to offer you discounts and special promotions; poll your opinions through surveys or questionnaires; and inform you about our services, as authorized by applicable law.
- b) Delivering targeted marketing, service updates, and promotional offers based on your communication preferences.
- c) Measuring the performance of our e-mail marketing campaigns (e.g. by analyzing open and click rates).
- d) Monitoring and improving the information security of our Sites.
4.3 With your consent, we may use your personal information to:
- a) Provide you with marketing via telephone calls, e-mail, SMS, or text.
- b) Provide you with marketing from third parties.
- c) Customize third-party advertising you might see on third-party websites.
You have the right to withdraw your consent at any time.
4.4 We use your information when we need to comply with a legal or regulatory obligation.
We will not make automated decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are required by law to use such technology.
5. DISCLOSURE OF INFORMATION
We may disclose your personal information to the following parties for the following purposes:
5.2 We may disclose necessary personal information to third parties or service providers that help us provide services to you or deliver paid products to you. For example, we will disclose your billing information to payment processors for the purpose of processing transactions you execute with us. Also, we will disclose your shipping address to fulfillment and shipping contractors to deliver your order.
We may also provide your name, customer history, and mailing address to third parties—such as service providers, contractors, and third-party publishers and advertisers—for a variety of purposes, unless you choose to opt out by e-mailing [email protected], stating that you wish to be removed from third-party direct mailing offers, along with your name and mailing address.
(b) Website functionality: We share your information with companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our Sites, analyze our data, provide marketing assistance, process credit card payments, and provide customer service.
(c) Anonymous information: We share aggregated anonymous information about you, combined with other persons using our Sites, with third parties, so that they can understand the kinds of visitors that come to our Sites and how those visitors use our Sites. This includes demographic information and behavioral information.
(d) Legal process: We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights, property, or affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
(e) Acquisition or merger: We may disclose and transfer your information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver, or administrative receiver may sell, license, or otherwise dispose of such information in a transaction approved by the court.
6. ACCESSING YOUR INFORMATION
6.1 You can see, review, and change most of your personal information by requesting it from the Privacy Officer below. Please update your personal information immediately if it changes or is inaccurate.
We will honor any statutory right you might have to access, modify, or erase your personal information. To request access and to find out whether any fees may apply, if permitted by applicable national laws, please contact us using the information below. Where you have a statutory right to request access or request the modification or erasure of your personal information, we can still withhold that access or decline to modify or erase your personal information in some cases in accordance with applicable national laws.
Upon your request, we will remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable national laws
7. YOUR CHOICES ABOUT HOW WE USE YOUR INFORMATION AND OPTING OUT
There are ways by which you can control how your Personal Information is used.
7.2 Promotional Offers
If you do not wish to receive our email promotional offers, you may opt-out by checking the relevant box when we collect your information or clicking on the “unsubscribe” link found in emails we send to you. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving our communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, if we have a data breach, or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Sites, our business, and/or third parties
If you do not want us to use information that we collect for us to deliver advertisements to you, you can opt-out of receiving such advertising.
You may opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/, the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/, or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.
When using the ad industry opt out tools described above, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out, and we have no control over the practices of any third-parties. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.
Our products and services use Google Analytics and its associated tracking technologies to help display our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To opt out of Google Analytics Advertising Features, visit https://support.google.com/analytics/answer/181881?hl=en or you may access the Google Analytics Opt Out Browser Add-on, currently located at https://tools.google.com/dlpage/gaoptout.
8. HOW LONG WE KEEP YOUR PERSONAL INFORMATION
The precise periods for which we keep your personal information vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or recommended as best practice, contractual agreements, warranties, the period during which a claim can be made with respect to an agreement or other matter, whether the personal information has been aggregated or pseudonymized, and other relevant criteria.
After it is no longer necessary for us to retain your personal information, we will dispose of it in a secure manner according to our data retention and deletion policies.
9. DATA TRANSFERS
9.1 Personal information that you submit through the services may be transferred to countries other than where you live, such as, for example, to our servers in North America.
Your personal information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information.
11. YOUR CALIFORNIA RIGHTS
The following applies to you only if you are a California resident.
11.1 Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. At this time, we do not share any Personal Information with third parties or affiliates for their direct marketing purposes. In addition, California residents have the right to know if we respond to do not track signals or cookies. We do not respond to such signals or cookies.
11.2. As stated in this Policy, you have agreed to allow us to share information with third parties for their direct marketing purposes until you remove your information, and thus you have agreed to this disclosure. California customers may request further information about our compliance with this law by sending us an e-mail at [email protected] Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
11.3 Please note the following:
Please note the following:
- Users are able to change their Personal Information by emailing us, by calling us, or updating their Personal Information in their online accounts if they have such with us;
- Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not process or respond to such signals in users’ web browsers at this time; and
- We allow the collection of users’ behavioral tracking by third parties for analytical purposes. We do not authorize the collection of Personal Information on the Sites by third parties, except for the collection of IP addresses which may be used for analytical purposes.
12. LIABILITY LIMITATION
12.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, BINDING ARBITRATION, AND CLASS-ACTION WAIVER.
- If you are a customer in the United States (including its possessions and territories), you and we agree that any dispute, claim, or controversy arising out of or relating in any way to the use of our Sites or sale of our products, these Terms and Conditions of Use, and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your account with us.
- If you elect to seek arbitration or file a small claim court action, you must first send us, by certified mail, a written Notice of your claim (“Notice”). The Notice to us must be addressed to: APS Fulfillment Inc. 3920 Pembroke Road, Hollywood, FL, 33021-8127 (“Notice Address”). If we initiate arbitration, we will send a written Notice to the e-mail address used for your membership account. A Notice, whether sent by you or us, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (AAA), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless we and you agree otherwise, any arbitration hearings will take place in the county of your residence.
- YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
We do not knowingly permit persons under 13 years of age to use the Sites, and we do not knowingly collect, use or disclose Personal Information from anyone under 13 years of age. If we determine upon collection of Personal Information that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
14. NOTICE: ELECTRONIC CONSENT
14.1 These terms and conditions apply to all transactions made on or through this Site. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking the submit button for the order, or by merely accessing the Site, whether you have read these terms or not. This includes your authorization to charge your credit card or debit your bank account. Please print these terms and conditions for your personal records.
In addition, you consent to receiving electronic communications from APS Fulfilment relating to your account. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletter special offers, promotional announcements, and customer surveys via e-mail or other methods. By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, “Terms”). If you do not agree to be bound by these Terms, you may not access or use the Site or purchase any products through the Site. By accessing, using, or ordering products through the Site, you affirm that you have read this Agreement and understand, agree, and consent to all Terms contained herein.
15. USE & COPYRIGHTS
You are prohibited from copying, saving, printing, selling, hyperlinking, using our URL, or reproducing, in any manner whatsoever, any of the information in the APS Content. You may not use the APS Content for any illegal use. All of our content is copyrighted.
16. THIRD-PARTY LINKS & CONTENT
If you use a third-party website or application (e.g. Facebook, Google +, Twitter) to access our Sites or your account on our Sites, your activities on such third-party sites or apps are governed by the privacy practices of those sites or apps. The privacy policies of other sites and apps may differ significantly from ours, and we have no control over the operation of those sites or apps or the manner in which the collect, store, or process data.
We may, from time to time in e-mails, alerts or other communications you have agreed to accept from us, include advertisements, sponsorships, and other offers from, or information about third parties. This does not and will not mean that APS Content endorses any specific products or services available from such third parties. Such materials from those third parties, regardless of their relationship with us, are provided merely for information purposes and users should make their own judgments and evaluation of any services or products available on any other websites.
Persons under the age of 18 are denied access. By viewing our content, you waive all rights to claims of damages arising from the use of the APS Content. By viewing our content, you indemnify and hold us harmless from and against all claims. We reserve the right to deny access to the APS Content by any person for any reason.
DATA PROTECTION OFFICER
APS Fulfillment Inc.
3920 Pembroke Road,
Hollywood, FL, 33021-8127
18.2 You may have the right to restrict or object to the processing of your personal information or to exercise a right to data portability under applicable law. You also may have the right to lodge a complaint with a competent supervisory authority, subject to applicable law. If you are subject to EU data protection laws, we suggest you lodge any such complaints with our lead supervisory authority:
Irish Data Protection Commissioner
Office of the Data Protection Commissioner
Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland
Phone +353 57 868 4757
Fax: +353 57 868 4757
19. CONFIDENTIAL INFORMATION
We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission
21. DISCLAIMER & WARNING
The opinions in our websites and our information are exactly that, the opinions of our writers and editors. Information contained in our websites is not guaranteed as accurate. Shipping and postages regulations may have changed after the content was published, and APS Fulfillment is not responsible for information which may now be out of date or inaccurate. The content and information is for educational use only. We make no warranty as to the suitability of content. Persons under the age of 18 are denied access to our websites and our information. None of our content is to be construed as specific individual advice.
22. GENERAL JURISDICTION:
DATE LAST MODIFIED: March 30, 2022