LEGAL / DOCUMENTATION
TABLE OF CONTENTS
TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.hourglasscollaborative.com (the "Site"). This Site is owned and operated by Hourglass Boston, LLC.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Hourglass Boston, LLC and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
User Contributions
Users may post the following information on our Site:
Public comments.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
Apparel; and Accessories.
The following services are available on our Site:
Consulting Services.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps: Cancel anytime.
Payments
We accept the following payment methods on our Site:
Credit Card; and Direct Debit.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Hourglass Boston, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Hourglass Boston, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Hourglass Boston, LLC are unable to resolve any dispute through informal discussion, then you and Hourglass Boston, LLC agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Hourglass Boston, LLC. The costs of any mediation or arbitration will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Hourglass Boston, LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(802) 393-8321
hello@hourglasscollaborative.com
24 School St, 2nd Floor, Boston, MA 02108
You can also contact us through the feedback form available on our Site.
Privacy Policy
www.hourglasscollaborative.com and any subdomains (the "Site") is owned and operated by Hourglass Boston, LLC.. Hourglass Boston, LLC. is the data controller and can be contacted at:
hello@hourglasscollaborative.com
(802) 393-8321
24 School St, 2nd Floor, Boston, MA 02108
Purpose
The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:
The personal data we will collect;
Use of collected data;
Who has access to the data collected;
The rights of Site users; and
The Site's cookie policy.
This Privacy Policy applies in addition to the terms and conditions of our Site.
GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
Consent
By using our Site users agree that they consent to:
The conditions set out in this Privacy Policy.
When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful.
You can withdraw your consent by: Contact Hourglass Collaborative.
Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR.
We rely on the following legal bases to collect and process the personal data of users in the EU:
Users have provided their consent to the processing of their data for one or more specific purposes; and
Processing of user personal data is necessary for us or a third pary to pursue a legitimate interest. Our legitimate interest is not overriden by the interests or fundamenal rights and freedoms of users. Our legitimate interest(s) are: Provide insights into website performance and provide relevant and engaging customer experience.
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:
IP address;
Location;
Hardware and software details;
Clicked links; and
Content viewed.
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:
First and last name;
Email address;
Phone number; and
Address.
This data may be collected using the following methods:
Opt-in Submission Forms.
How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
The data we collect automatically is used for the following purposes:
Improve website performance and user experience and provide relevant customer experience and products..
The data we collect when the user performs certain functions may be used for the following purposes:
To contact customers about their expressed interest in our services..
Who We Share Personal Data With
Employees
We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
Third Parties
We may share user data with the following third parties:
HubSpot.
We may share the following user data with third parties:
_____________________________________________________________________________.
We may share user data with third parties for the following purposes:
Marketing analytics and CRM.
Third parties will not be able to access user data beyond what is reasonably necessary to achieve the given purpose
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:
If the law requires it;
If it is required for any legal proceeding;
To prove or protect our legal rights; and
To buyers or potential buyers of this company in the event that we seek to sell the company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.
How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.
You will be notified if your data is kept for longer than this period.
How We Protect Your Personal Data
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee's termination.
While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
Your Rights as a User
Under the GDPR, you have the following rights:
Right to be informed;
Right of access;
Right to rectification;
Right to erasure;
Right to restrict processing;
Right to data portability; and
Right to object.
Children
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.
How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here:
Tyler Shannon
tyler@hourglasscollaborative.com
(802) 393-8321
24 School St, 2nd Floor, Boston, MA 02108
Do Not Track Notice
Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We do not track the users of our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals. We are not responsible for and cannot guarantee how any third parties who interact with our Site and your data will respond to DNT signals.
How to Opt-Out of Data Collection, Use or Disclosure
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:
You can opt-out of the use of cookies and newsletter subscriptions. You can opt-out by clicking "unsubscribe" on the bottom of any marketing email or updating your email preferences under "Your Account" or contacting Hourglass Collaborative.
Cookie Policy
A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.
We use the following types of cookies on our Site:
Functional cookies
Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits;
Analytical cookies
Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc; and
Third-Party Cookies
Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes:
Monitor user activity and engagement to enhance experience and website performance and provide relevant services..
Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
Complaints
If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the _____________________________________________________________________________.
Contact Information
If you have any questions, concerns or complaints, you can contact our privacy officer, Tyler Shannon, at:
tyler@hourglasscollaborative.com
(802) 393-8321
24 School St, 2nd Floor, Boston, MA 02108