Last Updated: August 6, 2019
Welcome to the Sundaily Inc (“Sundaily”) website located at www.getsundaily.com (the “Site”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Site and our product purchasing services accessible via our Site. To make these Terms easier to read, the Site and our services are collectively called the “Services.”
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the modified Terms whenever we modify them because if you continue to use the Services after we have posted the modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Sundaily and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You must create an Account to be able to order products or make purchases through the Services.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Collection of Information
We collect personal information from you to provide an efficient, meaningful and customized experience for you on Site.
We may collect the following personal information from you:
- Contact Information such as name, email address, mailing address and phone number
- Billing Information such as credit card number and billing address
- Unique Identifiers such as user name, account number and password
- Preferences Information such as product wish lists, order history, marketing preferences, and reminder and notification preferences
- Survey responses such as weight, if you participate in one of our surveys
- Message text, if you talk to one of our chat bots
As is true of most websites, also we automatically gather information about your computer such as your IP address, time and date of visit, browser type, referring/exit pages and operating system. We may log this information for system administration, order verification, internal marketing and system troubleshooting purposes.
We use this collected information to:
- Fulfill your order
- Send you an order confirmation
- Recommend products you may be interested in purchasing
- Send you requested product or service information
- Send you reminders about your habits
- Send product updates or warranty information
- Respond to customer service requests
- Administer your account
- Send you a newsletter
- Send you marketing communications
- Respond to your questions and concerns
- Improve our Site and marketing efforts
- Conduct research and analysis
- Display content based upon your interests
Text Message Marketing and Notifications
You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or contacting us at email@example.com.
You may change any of your personal information in your account by editing your profile within your account or by sending an email to us at the email address set forth above. You may request deletion of your personal information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.
Cookies And Other Tracking Technologies
Our Site contains electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
We use a third party to gather information about how you and others use our Site. For example, we will know how many users access a specific page and which links they clicked on. We use this aggregated information to understand and optimize how our website is used.
Targeted Advertising (also known as online behavioral advertising) uses information collected on an individual's web browsing behavior such as the pages they have visited or the searches they have made. Third parties collect this information by placing or accessing cookies in your browser when you visit this, or other, websites. If you would like to learn more about the third party advertisers that may be aware of the fact that you visit this website, and to understand your choices about having such advertisers' cookies turned off, please visit www.networkadvertising.org.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
Our store is hosted on Shopify, Inc. Shopify provides us with the online platform that allows us to sell our products to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. Shopify stores your data on a secure server behind a firewall.
When you complete a purchase on our Site, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more information about Shopify’s platform and data collection and use practices, you may want to read Shopify’s Terms of Service and Privacy Statement found on its website.
If you have any questions about security on our Site, you can contact us at firstname.lastname@example.org.
A Note About Children
We do not intentionally gather personal information from visitors who are under the age of 13. If a child under 13 submits personal information to us and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at email@example.com.
Sundaily Inc is not an entity that is covered by HIPAA. The HIPAA privacy rules apply to health plans, health care clearinghouses, to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”) and their service providers (“business associates”). This means that the information that you provide to us is not protected by the HIPAA privacy rules and regulations.
Notification Of Privacy Statement Changes
A Note To Users Outside Of The United States
Products for Personal Use Only
The products available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or samples thereof that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.
Payment and Order Terms
The Services enable you to order products from Sundaily. The amounts due and payable by you for any product that you purchase through the Services (including applicable taxes, shipping and handling) will be presented to you before you place your order. If you place an order for any products via the Services, you agree (a) that Sundaily may charge your credit card for verification, pre-authorization and payment purposes, and (b) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. Your order is not binding on Sundaily until accepted and confirmed by Sundaily.
Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
All amounts are payable and charged: (i) for one-off purchases, at the time you place your order; and (ii) FOR SUBSCRIPTION-BASED PURCHASES, AT THE BEGINNING OF THE SUBSCRIPTION AND, BECAUSE EACH SUBSCRIPTION RENEWS AUTOMATICALLY UNTIL YOU CANCEL IT, AT THE TIME OF EACH RENEWAL UNTIL YOU CANCEL. You must cancel your subscription before it renews to avoid the billing of the fees for the next subscription period. YOU CAN CANCEL THE RENEWAL OF YOUR SUBSCRIPTION AT ANY TIME by contacting us by email at firstname.lastname@example.org.
When ordering, it is your responsibility to ensure that all information submitted to Sundaily is accurate. You may not be able to submit corrections after you place an order, and, if accepted, any corrections submitted after you place an order may significantly delay shipping of your order.
All Payments Made To Us Are Non Refundable.
We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship product to you for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with Sundaily.
Sundaily reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Sundaily deems appropriate in its sole discretion. Sundaily also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. Sundaily will either not charge you or refund the charges for orders that we do not process or cancel.
Risk of Loss, Return Policies, and FAQ
Title to products passes from Sundaily to you upon shipment from Sundaily’ facility.
If you desire to return any product you ordered through the Services, please contact us at email@example.com.