TERMS AND CONDITIONS

 

  1. PRIVACY POLICY

Please take a few minutes to read the following policy so that you understand how we treat your information. As we continuously improve and expand our services, this policy might change, so please check it periodically. 

This Privacy Policy applies to the Dr. Haynes Collective online and mobile web sites (www.DrHaynesCollective.com) (collectively, the “Web Sites”) and the Dr. Haynes Collective platforms and applications owned and operated by Dr. Haynes Collective, Inc (“Dr. Haynes Collective”, “we,” “our,” “us”), including but not limited to the Dr. Haynes Collective platform available through third party devices (collectively, the “Applications”). This Privacy Policy describes how Dr. Haynes Collective collects, uses, and shares information you provide through the Web Sites and Applications. It also describes your rights and choices regarding our use and sharing of your information, including how you can access and update such information. 

Your use of the Web Sites or Applications constitutes your agreement and acceptance of this Privacy Policy and your consent to the practices it describes. If you have questions or comments about our Privacy Policy, please contact us as set forth in the section entitled “Contact Us” below. 

(a) INFORMATION COLLECTION

(a)  Information you provide

 

Dr. Haynes Collective collects information you provide directly via the Web Site and Applications. The information we collect includes personally identifiable information, which is any information that concerns you individually and would permit someone to identify you. Some examples of information we collect include the following: 

  • Contact Data.We collect your first and last name, postal address, email address, telephone number, and other contact data. 
  • We collect passwords, password hints, and other information for authentication and account access. 
  • Payment Data.We collect data necessary to process your payment if you make a purchase, including your payment instrument number (such as a credit card number), the security code associated with your payment instrument. 
  • Order Information.We collect information about your orders. 
  • Profile Data.We collect your interests, favorites, and other profile data on our website or app. 
  • We collect the content of messages you send to us, such as feedback and product reviews you write, or questions and information you provide to customer support. 
  • Resume Data.We collect data as necessary to consider you for a job opening if you submit an application to us, including your employment history, transcript, writing samples, and references. 

 

We collect information you provide at various points of the Web Sites and Applications, such as the following: 

  • Account Registration– To register an account with Dr. Haynes Collective, you will be required to fill out a registration form on the Web Sites or Applications. This form requires you to provide your first name and last name, email address, postal address, telephone number, and credentials. You may also provide payment data and profile data to help speed up and facilitate your interface with our website.  
  • Online Orders– You can schedule and cancel appointments and purchase hourly, monthly sessions or annual memberships. Credits will remain on your account until 15 months after the original purchase and engagement date. The funds are non-refundable and cancellation fees  will also need to provide your payment data.
  • Rewards Programs– We may offer rewards programs, sweepstakes, contests, surveys, or other promotions (“Promotions”) through our Websites or Applications. In order to participate in a Promotion, you may be required to register an account and/or provide contact data, profile data, and other information. 
  • Other Transactions– We may offer you other opportunities to transact with us through the Web Sites or Applications. If you conduct transactions through the Web Sites or Applications, we will collect information you provide directly about the transactions you engage in while on the Web Sites or Applications. This information may include payment and billing information as well as the nature, quantity and price of the goods or services you exchange, transcripts of any words that you speak while using voice ordering services through the Dr. Haynes Collective platform, including through third party devices, and the individuals or entities with whom you communicate or transact business. 
  • Email and other voluntary communications– You may also choose to communicate with us through email, via the Web Sites, via the Applications (including through voice ordering services through the. Dr. Haynes Collective platform available on third party devices), or through other means. Such communications may be in connection with our customer service efforts, your questions, or for other purposes. We collect the information in these communications, and such information may include information that personally identifies you. 

You may choose to voluntarily disclose other information when using the Web Sites or Applications that we do not request, and, in such instances, you are solely responsible for such information. Further, certain Applications, such as those using the Dr. Haynes Collective platforms available on third party devices, may capture information that you do not voluntarily provide, such as background noise or secondary communications. Therefore, you should take steps to prevent the communication of unnecessary information when using such Applications. 

(c)  Information Collected Automatically

When you visit the Web Sites or Applications, we automatically collect information about your device and how your device interacts with our Web Sites or Applications. Some examples of information we collect include the following: 

  • Service Use Data.We collect data about the features you use, the emails and advertisements you view, the products you purchase, the date and time you access the Web Sites or Applications, the pages you access while at the Web Sites or Applications, and the internet address of the web sites, if any, from which you linked directly to the Web Sites or Applications, and other similar information. 
  • Device Connectivity and Configuration Data.We collect data about the type of device you use, the operating system and browser you use, your internet service provider, your device’s regional and language settings, and other similar information. This data also includes IP address, MAC address, device advertising Id (e.g., IDFA or AAID), and other device identifiers. 
  • Location Data.We collect data about your device’s location, which can be precise (e.g., latitude/longitude data) or imprecise (e.g., location derived from an IP address or data that indicates a city or postal code level). 

 

We use cookies and other tracking technologies now and hereafter developed to collect this information, including the following: 

  • Log Files
    A log file is a file that records events that occur in connection with your use of the Web Sites and Applications, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data. 
  • Cookies
    The Web Sites’ and Applications’ servers, or the servers of third parties that are used to operate the Web Sites and Applications, may place a “cookie” on your device, store data in your device’s browser or access pre-existing removable tracking features on your device in order to allow you to use the Web Sites and Applications and to personalize your experience. A “cookie” is a small piece of data that can be sent by a web server to your device, which then may be stored by your browser on your device’s hard drive. Cookies and browser storage allow us to recognize your device while you are on our Web Sites and Applications and help customize your online experience and make it more convenient for you. Cookies and browser storage are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies and browser storage may also be used to improve the functionality of the Web Sites and Applications. To learn more about how we use cookies, please visit the “Your Rights and Choices” section below. 

Types of cookies and tags on our Web Sites and Applications include: 

  • Functionality: Used to remember your preferences and for facilitating transactions such as purchases. 
  • Performance or Analytics: Used to measure site activity to improve user experience. 
  • Targeting: Used to display information and offers that specifically interest you. 
  • Local Storage
    We use Local Storage, such as HTML5 storage, to store information related to whether the user has chosen to “Remain Logged In” as well as tokens if third party services are used. Third parties with whom we partner to provide certain features on our Web Sites and Applications or to display advertising based upon your web browsing activity use Local Storage such as HTML 5 storage to collect and store information. Various browsers may offer their own management tools for removing HTML5 Local Storage. 
  • Web Beacons (“Tracking Pixels”)
    Web beacons are small graphic images, also known as “internet tags” or “clear gifs,” embedded in web pages and email messages. Web beacons may be used to count the number of visitors to the Web Sites and Applications, to monitor how users navigate the Web Sites and Applications, and to count content views. We may incorporate web beacons from third parties that allow us to track our conversions, bring you advertising both on and off the Web Sites and Applications, and provide you with additional functionality, such as the ability to connect our Web Sites and Applications with your social media account. 
  • Embedded Scripts
    An embedded script is programming code designed to collect information about your interactions with the Web Sites and Applications. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Web Sites and Applications, and deleted or deactivated thereafter. 
  • Location-identifying Technologies
    GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location. 

 

For further information on tracking technologies and your rights and choices regarding them, please see the sections entitled “Analytics, Advertising, and Retargeting” and “Your Rights and Choices” below. 

(d)  Information Collected from Other Third Parties 

We also obtain information about you from other third-party sources and combine such information with information we have collected about you. To the extent we combine such third party sourced information with information we have collected about you on the Web Sites and Applications, we will treat the combined information in accordance with this Privacy Policy, plus any additional restrictions imposed by the source of the data. These third-party sources vary over time, but may include:  

  • Social networks when you reference our service or grant permission to Dr. Haynes Collective to access your data on one or more of these services. 
  • Partners with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities. 
  • Publicly-available sources such as open government databases or other data in the public domain. 

 

We are not responsible for the accuracy of any information provided by third parties or third-party policies or practices. 

(e) INFORMATION USE

Dr. Haynes Collective uses the information about you for our legitimate interests, including for purposes such as: 

  • opening, maintaining, administering and servicing users’ accounts or memberships; 
  • providing services and support to users; 
  • processing, servicing or enforcing transactions and sending related communications; 
  • responding to your questions inquiries, comments and instructions; 
  • protecting our systems from fraud and unlawful access; 
  • maintaining the security and integrity of its systems; 
  • helping to establish and verify the identity of users; 
  • improving our Web Sites, Applications, stores, advertisements, products, and services; and providing users with product or service updates, promotional notices and offers, advertisements, and other information about Dr. Haynes Collective and its affiliates. 

 

We also use information with your consent, including for purposes such as: 

  • providing your with our Promotions; 
  • sending you promotional newsletters and marketing communications; 
  • serving digital advertisements to you tailored to your interests on third party ad properties; and fulfilling any other purposes disclosed to you and with your consent. 

 

For information on your rights and choices regarding how we use your information, please see the section entitled “Your Rights and Choices” below. 

(f)    DISCLOSURE OF INFORMATION

We disclose information about you as follows: 

  • Service Providers. Haynes Collective uses agents, vendors, consultants and other service providers to help it maintain and operate its Web Sites, Applications, payment processing, and for other reasons related to the operation of its business, and those companies may receive your information for that purpose. These companies may only use such information for the purpose of performing those functions and may not use it for any other purpose, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes. 
  • We share your information with our affiliates for internal business purposes. For example, we share your information with our affiliates for customer support, marketing, and technical operations. 
  • Business Partners.We share your information with our business partners in connection with offering you co-branded services, selling or distributing our products, or engaging in joint marketing activities. 
  • Our Promotions may be jointly sponsored or offered by third parties. If you voluntarily choose to enter a Promotion, we share your information with third parties a set forth in the official rules that govern the Promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a Promotion, you agree to the official rules that govern that Promotion, and, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials. 
  • Third Parties.We share your information with other third parties for purposes of facilitating your requests (such as when you choose to share information with a social network about your activities on the Web Sites or Applications) and in connection with tailoring advertisements, measuring and improving our Web Sites or Applications and advertising effectiveness, and enabling other enhancements. 
  • Merger or Acquisition.We may share your information if Dr. Haynes Collective is involved in a merger, acquisition, or sale of all or a portion of its assets. In such an event, you may be notified via email and/or a prominent notice on our Web Sites or Applications of any change in ownership or uses of your information, as well as any choices you may have regarding your information. 
  • Security and Compelled Disclosure. Haynes Collective must disclose information about you in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may share information about you in connection with legal requirements, such as in response to an authorized subpoena or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, or investigate fraud. We may also share information about you to defend the Terms of Use or other policies applicable to the Web Sites and Applications or if we believe your actions are inconsistent with our user agreements or policies. To the maximum extent permitted by applicable law, we may use IP addresses, mobile device identifiers or any other information we collect to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies within our discretion. Such disclosures may be carried out without notice to you. 
  • We may share your information for any other purpose disclosed to you and with your consent. 

Dr. Haynes Collective may also disclose aggregated de-identified information to potential business partners and other unaffiliated entities for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the section entitled “Your Rights and Choices” below. 

(g) EXTERNAL LINKS, APPLICATIONS AND DEVICES

The Web Sites and Applications may contain links to other websites, or may be available through third party devices, not maintained or related to Dr. Haynes Collective. These links and devices are not sponsored by or affiliated with the Web Sites, Applications, or Dr. Haynes Collective. Dr. Haynes Collective has not reviewed any or all of the sites hyper-linked to or from the Web Sites or Applications, and has not reviewed any or all of the devices through which certain Dr. Haynes Collective Applications are available, and is not responsible for the content or privacy practices of other web sites, applications or devices. The links and devices are accessed and used at the user’s own risk, and Dr. Haynes Collective makes no representations or warranties about the content, completeness or accuracy of these links or devices, the sites hyper-linked to the Web Sites or Applications or the devices through which the Applications may be available. Third party websites that are accessible by hyperlinks from the Web Sites or Applications may use cookies and other tracking technologies. Dr. Haynes Collective encourages you to read the privacy policies provided by other websites and devices manufacturers before you provide any information to them. Dr. Haynes Collective does not implicitly endorse third party sites hyper-linked to the Web Sites or Applications or devices through which Applications may be available. 

(h) SOCIAL MEDIA FEATURES

Our Web Sites and Applications may include social media features, such as the Facebook Like button. These social media features may use tracking technologies to collect information about you, such as your IP address, which page you are visiting on the Web Sites or Applications, and may set a cookie to enable the social media feature to function properly. If you use social media features, information you post or provide access to may be publicly displayed on our Web Sites and Applications or by the third party service that you use. Similarly, if you post information on a third party service that references our Web Sites and Applications (e.g., by using a hashtag associated with Dr. Haynes Collective in a tweet or status update), your post may be used on or in connection with our Web Site and Applications. Also, both Dr. Haynes Collective and the third party may have access to certain information about you and your use of our Web Site and Applications and the social media features. Social media features are operated by a third party and governed by the privacy policy of the third party providing it. We are not responsible for and make no representations regarding the policies or business practices of any third parties and encourage you to familiarize yourself with and consult their privacy policies and terms of use. 

(i)    ANALYTICS, ADVERTISING, AND RETARGETING

Dr. Haynes Collective has engaged third parties, including Snap, for analytics services. These third parties may use cookies and other tracking technologies to analyze your usage of our Web Sites and Applications. Information generated by these services may be transmitted to and stored by these third parties on servers in the U.S. (or elsewhere) and these third parties may use this information for purposes such as evaluating your use of the Web Sites and Applications, compiling statistic reports on the Web Sites and Applications’ activity, and providing other services relating to Web Sites and Applications activity and other internet usage. 

We may also engage third parties, including Snap, to serve advertisements on the Web Sites and Applications and/or on other sites. These third parties collect and share information with us during your visits to this and other sites in order to provide advertisements about goods and services likely to be of greater interest to you, measure and research the effectiveness of our advertisements, track page usage and paths followed during visits through our Web Sites and Applications, help us serve relevant internet banner advertisements on our Web Sites and Applications and on other sites, and track use of our internet banner advertisements and other links from our marketing partners’ sites to our Web Sites and Applications. Dr. Haynes Collective may use the information collected on its Web Sites and Applications for online behavioral advertising purposes including retargeting and to customize ads to you when you visit third party sites. 

For further information on tracking and your rights and choices regarding them, please see the sections entitled “Information Collected Automatically” above and “Your Rights and Choices” below. 

(j)    YOUR RIGHTS AND CHOICES

(b)  Review and Update of Account Information

You have the right to access certain account information that you have voluntarily submitted to us through the Web Sites and Applications. You may correct, update, amend, delete, or remove that information by making the change within your Dr. Haynes Collective online account or contacting us as set forth in the section entitled “Contact Us” below. We will respond to your request for access within 30 days. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. European data subjects have additional rights as set forth in the section entitled “Your European Privacy Rights” below. 

(c)  Tracking Technologies Generally

Most web browser applications (such as Microsoft Internet Explorer, Google Chrome, Firefox and Apple Safari) have features that can notify you when you receive a cookie or prevent cookies from being sent. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations. 

You can reset your device advertising Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. For information on how to do this on Apple devices, visit Apple.com or https://support.apple.com/en-us/HT202074. For information on how to do this on Android devices, visit Google.com. You can stop all collection of information via an app by uninstalling the app. 

The location data collected through an app depends on your device settings and app permissions. You can exercise choice over the location data collected through our apps by (i) for GPS data, disabling location in your device settings or disabling location permissions to that app; (ii) for Bluetooth data, disabling Bluetooth and any Bluetooth scanning option in your device settings; or (iii) for WiFi data, disabling WiFi and any WiFi scanning option in your device settings. You can stop collection of all location data via an app by uninstalling the app. 

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, Dr. Haynes Collective does not respond to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com

If you disable cookies or other device tracking features, however, you may not be able to use certain functions of the Web Sites or Applications. 

(d)  Analytics and Advertising

You may exercise choices regarding the use of cookies for analytics services as follows: 

  • Click hereto view the Google analytics opt out choice. 
  • Click hereto view the Adobe analytics opt out choice. 

You may also exercise choice regarding the receipt of interest-based advertising. Some of the advertisers that perform advertising-related services for us and our partners may be members of the Network Advertising Initiative (“NAI”). Click here to visit the Network Advertising Initiative site. Some of these companies may also participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about the DAA and your opt out options for their members, please visit (i) for website opt out, http://www.aboutads.info/choices; and (ii) for mobile app opt out, http://www.aboutads.info/appchoices

In addition, some of the advertisers that perform advertising-related services for us and our partners may offer their own opt out choice: 

  • Click hereto view the Google Doubleclick opt out choices. 
  • Click hereto view the Facebook opt out choices. 
  • Click hereto view the Twitter opt out choices. 
  • Click hereto view the Pandora opt out choices. 

Please be aware that, even if you are able to opt out of certain kinds of interest-based advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain interest-based advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). 

Dr. Haynes Collective is not responsible for effectiveness of, or compliance with, any third parties’ opt out options or programs or the accuracy of their statements regarding their programs. 

(n)  Communications

In order to provide service to you, we may send you communications related to your transactions, security or the administration of the Web Sites or Applications. From time to time, Dr. Haynes Collective may also send you other messages or updates about our Web Sites, Applications, Dr. Haynes Collective, or our promotions and other activities. If you do not wish to receive promotional communications from Dr. Haynes Collective, you can opt out at any time by following the instructions provided in those communications or by contacting us as set forth in the section entitled “Contact Us” below. Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails, such as those about your account, servicing, or our ongoing business relations. 

(e)  Your California Privacy Rights

California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing. 

Dr. Haynes Collective does not share personal information as defined by California’s “Shine the Light” law with third parties for such third parties own direct marketing purposes. California residents may obtain information about our compliance with this law by sending us an email or letter to the address specified in the section entitled “Contact Us” below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Dr. Haynes Collective is not required to respond to requests made by means other than through the provided email address or mail address. 

(f)    Your European Privacy Rights

If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data we have collected about you through the Web Sites or Applications. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Web Sites or Applications. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us. 

To exercise any of these rights, contact us as set forth in the section entitled “Contact Us” below and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Further, if we are processing your information on behalf of one of our franchisees, we will refer you to that franchisee, and will support them to the extent required by applicable law in responding to your request. Please note that we store information as necessary to fulfil the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements. 

If you have any issues with our compliance, you have the right to lodge a complaint with an EEA supervisory authority. 

 

 

(g) CHILDREN’S PRIVACY 

The Web Sites and Applications are directed toward and designed for use by persons aged 13 or older. Dr. Haynes Collective will not approve applications of, or establish or maintain registrations for any child whom Dr. Haynes Collective knows to be under the age of 13. Dr. Haynes Collective does not solicit or knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) from children under the age of 13. If Dr. Haynes Collective nevertheless discovers that it has received personal information from an individual who indicates that he or she is, or whom Dr. Haynes Collective otherwise has reason to believe is, under the age of 13, Dr. Haynes Collective will delete such information from its systems. Additionally, a child’s parent or legal guardian may request that the child’s information be corrected or deleted from our files by contacting us as set forth in the section entitled “Contact Us” below. 

(h) DATA SECURITY

Dr. Haynes Collective maintains reasonable physical, electronic, and procedural safeguards to help guard your information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that any email or other transmission you send through the internet cannot be completely protected, and we cannot guarantee the security of your information collected through our Web Sites or Applications. 

(i)    CHANGES TO THIS PRIVACY POLICY

Dr. Haynes Collective reserves the right to modify or supplement this policy at any time. If a material change to the terms of this policy is made, Dr. Haynes Collective will post a notice prior to the change becoming effective on its homepage and a link to the new policy. 

(j)    DATA CONTROLLER INFORMATION

The data controller with respect to the data processing described in this Privacy Policy depends on the processing at issue. When you provide your information through a website or application operated by Dr. Haynes Collective, Inc that posts a link to this Privacy Policy, the data controller is Dr. Haynes Collective, Inc, located at the address in the section entitled “Contact Us” below.

(k)  CONTACT US

If you have questions or comments about this Privacy Policy, the information practices of Dr. Haynes Collective, or your dealings with our Web Sites or Applications, please contact us:  

By email:ap@eatDr. Haynes Collective.com

By mail: Dr. Haynes Collective, Inc,  Attn: Customer Care, 296 NE 60th St, Miami, FL. 33137

For EU-specific requests, including our compliance with Privacy Shield or the General Data Protection Regulation, please contact us at: 

 

 

(l)    GIFT CARDS

For terms of use and privacy policy information on Gift Cards 

(m)           REVISION DATE

This policy was last updated December 15, 2020

 

 

 

  1. TERMS OF USE

(n)  Acceptance of Terms of Use

These Terms of Use govern your use of the online and mobile web site (the “Website” or, collectively, the “Websites”), and the tablet, smartphone and other applications and platforms, including but not limited to the Dr. Haynes Collective platform, available through third party devices, (the “Application” or, collectively, the “Applications”), owned and/or operated by Dr. Haynes Collective, Inc If you do not agree to these Terms of Use, you should not use the Websites or Applications. These Terms of Use are an ongoing contract between you and Dr. Haynes Collective and apply to your use of the Websites or Applications. These Terms of Use affect your rights and you should read them carefully. 

(o)  Changes to Terms of Use

Dr. Haynes Collective reserves the right, from time to time, with or without notice to you, to change these Terms of Use (other than the arbitration provision) in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the online Website or on the Applications. The most current version of the Terms of Use will supersede all previous versions. 

(p)  Privacy and Personal Information

Dr. Haynes Collective is committed to protecting the privacy of the personal information you provide us on our Websites and Applications. Any information submitted on the Websites and Applications is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy. 

(q)  Your Account

If you use the Websites or Applications, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone or tablet, and you agree to accept responsibility for all activities that occur under your account or password. The Websites and Applications sell products to adults, who can purchase with a credit card. If you are under 18, you may use the Websites and Applications only with involvement of a parent or guardian. Dr. Haynes Collective reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 

(r)    Dr. Haynes Collective Websites and Applications

These Terms of Use apply to all users of the Websites and Applications, including users who are also contributors of video content, voice content, information, and other materials or services on the Websites or Applications. The Websites and Applications may contain links to third party websites or applications, or may be made available through third party devices, that are not owned or controlled by Dr. Haynes Collective. Dr. Haynes Collective has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, applications or devices. In addition, Dr. Haynes Collective will not and cannot censor or edit the content of any third-party site, application or device. By using the Websites or Applications, you expressly relieve Dr. Haynes Collective from any and all liability arising from your use of any third-party website, application or device. Accordingly, we encourage you to be aware when you leave the Websites or Applications and to read the terms and conditions and privacy policy of each other website, application and device that you visit. 

(s)  Website/Application Access

  1. Haynes Collective hereby grants you permission to use the Websites and Applications as set forth in this Terms of Use, provided that: (i) your use of the Websites and Applications as permitted are solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Websites or Applications in any medium without Dr. Haynes Collective’s prior written authorization; (iii) you will not alter or modify any part of the Websites or Applications other than as may be reasonably necessary to use the Websites or Applications for their intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
  2. In order to access some features of the Websites or Applications, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Dr. Haynes Collective immediately of any breach of security or unauthorized use of your account. Although Dr. Haynes Collective will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dr. Haynes Collective’s or others due to such unauthorized use.
  3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Websites or Applications in a manner that sends more request messages to the Dr. Haynes Collective’s servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Dr. Haynes Collective grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Dr. Haynes Collective reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites or Applications, nor to use the communication systems provided by the Websites or Applications for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites or Applications with respect to their User Submissions.

 

(g)  Intellectual Property Rights

The content on the Websites and Applications, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Dr. Haynes Collective, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites and Applications is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Dr. Haynes Collective reserves all rights not expressly granted in and to the Websites, Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Websites or Applications for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites and Applications or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites and Applications or the Content therein. 

(t)    User Submissions

  1. The Websites or Applications may now or in the future permit the submission of photos, audio files, videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Dr. Haynes Collective does not guarantee any confidentiality with respect to any submissions. You agree that Dr. Haynes Collective may publish your name and User Submission on the Websites, Applications or in other press releases or media items.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Dr. Haynes Collective to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites, Applications and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Websites, Applications and these Terms of Use. Users agree that any BFD name registrations become the property Dr. Haynes Collective, Inc and Dr. Haynes Collective may use such submissions in any manner in the sole discretion of Dr. Haynes Collective. For clarity, you retain all of your ownership rights in your other User Submissions. However, by submitting the User Submissions to Dr. Haynes Collective, you hereby grant Dr. Haynes Collective a perpetual worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Websites, Applications and the Dr. Haynes Collective business, including without limitation for promoting and redistributing part or all of the Websites or Applications (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the Website or Applications, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Websites, Applications and under these Terms of Use.
  3. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Dr. Haynes Collective all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Dr. Haynes Collective or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Dr. Haynes Collective does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Dr. Haynes Collective expressly disclaims any and all liability in connection with User Submissions. Dr. Haynes Collective does not permit copyright infringing activities and infringement of intellectual property rights on its Websites or Applications, and Dr. Haynes Collective will block and remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Dr. Haynes Collective reserves the right to remove Content and User Submissions without prior notice. Dr. Haynes Collective will also terminate a User’s access to its Websites or Applications, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the Websites or Applications. Dr. Haynes Collective also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Dr. Haynes Collective may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.
  4. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; an
    6. You understand that when using the Websites and Applications, you may be exposed to User Submissions from a variety of sources, and that Dr. Haynes Collective is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Dr. Haynes Collective with respect thereto, and agree to indemnify and hold Dr. Haynes Collective, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

 

(i)     Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE Dr. Haynes Collective WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Dr. Haynes Collective, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Dr. Haynes Collective MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Dr. Haynes Collective WEBSITE. Dr. Haynes Collective DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Dr. Haynes Collective WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Dr. Haynes Collective WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.YOU AGREE THAT YOUR USE OF THE WEBSITES AND APPLICATIONS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Dr. Haynes Collective, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES, APPLICATIONS AND YOUR USE THEREOF. Dr. Haynes Collective MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ AND APPLICATIONS’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES OR APPLICATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES AND APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES OR APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES AND APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES AND APPLICATIONS. Dr. Haynes Collective DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR APPLICATIONS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Dr. Haynes Collective WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

(u)  Limitation of Liability

IN NO EVENT SHALL Dr. Haynes Collective, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES OR APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES OR APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES OR APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES OR APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

YOU SPECIFICALLY ACKNOWLEDGE THAT Dr. Haynes Collective SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 

The Websites and Applications are controlled and offered by Dr. Haynes Collective from its facilities in the United States of America. Dr. Haynes Collective makes no representations that the Websites and Applications are appropriate or available for use in other locations. Those who access or use the Websites and Applications from other jurisdictions do so at their own volition and are responsible for compliance with local law. 

(v)  Indemnity

You agree to defend, indemnify and hold harmless Dr. Haynes Collective, its parent corporations, affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Websites and Applications; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Websites and Applications. 

(w)            Ability to accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Websites and Applications are not intended for children under 13. If you are under 13 years of age, then please do not use the Websites or Applications – there are lots of other great web sites and applications for you. Talk to your parents about what sites and applications are appropriate for you. 

(x)  Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dr. Haynes Collective without restriction. 

(y)  Dr. Haynes Collective Intellectual Property

This Websites and Applications contain many valuable trademarks owned and used by Dr. Haynes Collective, Inc throughout the world. These trademarks are used to distinguish Dr. Haynes Collective’s quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the express written permission of Dr. Haynes Collective,Inc. 

The text, graphics and html code contained in the Websites and Applications are the exclusive property of Dr. Haynes Collective, Inc. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior written permission of Dr. Haynes Collective, Inc. 

The Websites and Applications may link to sites not maintained by or related to Dr. Haynes Collective. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with the Websites, Applications or Dr. Haynes Collective. Dr. Haynes Collective has not reviewed the sites hyper-linked to or from the Websites and Applications and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Dr. Haynes Collective makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to the Websites or Applications. Furthermore, Dr. Haynes Collective does not implicitly endorse third-party sites hyper-linked to the Websites or Applications. 

 

(aa)         SMS

  1. Your carrier’s standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. Dr. Haynes Collective does not charge for any content however downloadable content may incur additional charges from your cell phone provider. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control. All charges are billed by and payable to your mobile service provider.
  2. You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges.
  3. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
  4. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
  5. The service and the content and materials received through the service are proprietary to us or our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
  6. The service is available only in the United States.
  7. We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event that your wireless service terminates or lapses. We may discontinue the service at any time.

 

(bb)         Arbitration

BECAUSE OF THE MUTUAL BENEFITS (SUCH AS REDUCED EXPENSE AND INCREASED EFFICIENCY) WHICH PRIVATE BINDING ARBITRATION CAN PROVIDE, BOTH YOU AND Dr. Haynes Collective AGREE THAT ANY CLAIM, DISPUTE, AND/OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEB SITES OR THE APPLICATIONS, ANY PRODUCTS SOLD BY Dr. Haynes Collective THROUGH THE WEBSITES OR THE APPLICATIONS, THESE TERMS OF USE, OR THE SCOPE OR VALIDITY OF THIS ARBITRATION AGREEMENT SHALL BE SUBMITTED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. ALL MATTERS RELATING TO ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 116, AND NOT BY ANY STATE ARBITRATION LAW. 

 
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE, COLLECTIVE, MULTIPLEPARTY, OR PRIVATE ATTORNEY GENERAL BASIS. WE ALSO AGREE THAT ANY ARBITRATION PROCEEDING BETWEEN US MAY NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION BETWEEN Dr. Haynes Collective AND ANY OTHER PERSON. YOU AND Dr. Haynes Collective BOTH UNDERSTAND THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH ARE GIVING UP THEIR RIGHT TO TRIAL BY JURY OF ANY INDIVIDUAL, CLASS-WIDE, COLLECTIVE, MULTIPLEPARTY, PRIVATE ATTORNEY GENERAL, OR OTHER CLAIM EITHER MAY HAVE AGAINST THE OTHER, EXCEPT AS EXPRESSLY PROVIDED HEREIN. 

 

(cc)          General

 

(dd)         Gift Cards

For terms of use and privacy policy information on Gift Cards

(ee)         California Transparency in Supply Chains Act

As a company philosophy, Dr. Haynes Collective, Inc. and its subsidiaries and affiliates (“Dr. Haynes Collective”) strongly oppose any and all illegal and unethical treatment of individuals, including acts of slavery or human trafficking. Dr. Haynes Collective utilizes a standard agreement that requires its suppliers to comply with all applicable laws, which includes applicable labor laws. Dr. Haynes Collective also provides to its suppliers a Code of Ethics that similarly notifies suppliers of their obligation to comply with all applicable laws and also provides a dedicated avenue for reporting any illegal or unethical behavior. Dr. Haynes Collective conducts periodic assessments of its suppliers and is determining whether to expand this assessment to obtain information about its suppliers’ activities related to the California Transparency in Supply Chains Act of 2010. Dr. Haynes Collective is also considering implementing requests for certification from its suppliers and/or audits of its suppliers. At this time, Dr. Haynes Collective does not plan to utilize a third party to perform any verifications or audits. Dr. Haynes Collective also expects to evaluate whether training and/or changes in accountability standards and procedures for its employees and/or contractors are appropriate. 

 

These all needs to be a separate section/link:

  1. BIOMETRIC DATA POLICY
  2. Purpose

The purpose of this policy is to define the policy and procedures for the collection, use, safeguarding, storage, retention, and destruction of biometric data. It is the policy of Dr. Haynes Collective, Inc and its parents, subsidiaries, and affiliates (the “Dr. Haynes Collective”) to protect, use, and store biometric data in accordance with all applicable laws including, but not limited to, the Illinois Biometric Information Privacy Act.

  1. Biometric Data Defined

As used in this policy, biometric data includes “biometric identifiers” and “biometric information.”

“Biometric identifier” means a retina or iris scan, fingerprint, voiceprint, scan of hand or face geometry, or other unique biological patterns or characteristics used to identify a specific individual. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996.

“Biometric information” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.

  1. Haynes Collective’s Collection of Biometric Data

Dr. Haynes Collective, its third-party vendor(s), and/or the licensor(s) of Dr. Haynes Collective’s time and attendance software collect, store, and use biometric data for the purpose of identifying employees and recording time entries when utilizing Dr. Haynes Collective’s biometric time clocks or time clock attachments.

Biometric time clocks are computer-based systems that scan an employee’s finger or hand for purposes of identification. The computer system extracts unique data points and creates a unique mathematical representation used to verify the employee’s identity; for example, when the employee arrives at or departs from the workplace.

This data is collected, stored, and used to identify employees and record time.

  1. Disclosure

To the extent that the Company, its third-party vendor(s), and/or the licensor(s) of Dr. Haynes Collective’s time and attendance software collect, capture, or otherwise obtain biometric data relating to an employee, Dr. Haynes Collective:

  1. (1) Will inform the employee about the collection, storage, and use of such biometric data;
  2. (2) Will inform the employee of the specific purpose and length of time for which the biometric data is being collected, stored, and used;
  3. (3) Will receive a written release executed by the employee (or his/her legally authorized representative) authorizing Dr. Haynes Collective, its third-party vendor(s), and/or the licensor(s) of Dr. Haynes Collective’s time and attendance software to collect, store, and use the employee’s biometric data for the specific purposes disclosed by Dr. Haynes Collective, and for Dr. Haynes Collective to provide such biometric data to its third-party vendor(s) and the licensor(s) of Dr. Haynes Collective’s time and attendance software; and
  4. (4) Will not disclose, redisclose, or otherwise disseminate an employee’s biometric data unless:
  • (a) The employee or his/her legally authorized representative consents to such disclosure or redisclosure;
  • (b) The disclosure or redisclosure completes a financial transaction requested or authorized by the employee or his/her legally authorized representative;
  • (c) The disclosure or redisclosure is required by federal, state, or local law; or
  • (d) The disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
  1. Retention Schedule

Dr. Haynes Collective will retain employee biometric data only until, and will request that its third-party vendor(s) and/or the licensor(s) of Dr. Haynes Collective’s time and attendance software permanently destroy such data when the first of the following occurs, unless such destruction is prohibited by law:

  1. (1) No later than 90 business days after the initial purpose for collecting or obtaining such biometric data has been satisfied, such as the separation of the employee’s employment with Dr. Haynes Collective or Dr. Haynes Collective ceasing to use biometric data; or
  2. (2) Within 3 years of the employee’s last interaction with Dr. Haynes Collective.

 

  1. Data Storage, Transmission, and Protection

Dr. Haynes Collective will store, transmit, and protect biometric data using a reasonable standard of care. Such storage, transmission, and protection from disclosure will be performed in a manner that is the same as or more protective than the manner in which Dr. Haynes Collective  stores, transmits, and protects from disclosure other confidential and sensitive information of Dr. Haynes Collective and its employees.

  1. Questions or Accommodations

If you have any questions or want to request an accommodation based on religious, cultural, medical, or other reasons, contact your HR representative or the Team Member Services at (201) 994-9619.