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PRIVACY POLICY
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IMPORTANT - PLEASE READ --
This Privacy Policy describes the terms of our commitment
to your privacy.
PERSONS OR PARTIES COVERED
This Privacy Policy is intended to cover all visitors
to this website, all subscribers to lists or newsletters whether
paid or unpaid, all members or affiliates whether paid or unpaid,
and all customers. Persons who visit or view this website, whether
intentionally or unintentionally, whether solicited or unsolicited,
are described herein as "Visitors" and are parties to this
Privacy Policy. Subscribers to lists or Newsletters are referred
to herein as "Subscribers" and are parties to the Privacy
Policy. Persons who join an organization or marketing endeavor
(e.g. "affiliates") promoted by this website are called "Members" herein
and are covered by this Privacy Policy. Finally, anyone who
orders, attempts to order, or receives a product sold (recipients)
or advertised on or delivered from this website, even at no cost,
is called a "Customer" herein and is subject to this Privacy
Policy not only by passive acceptance, but by virtue of the Purchase
Agreement contract. The website, its agents, owners, operators,
and employees are referred to collectively herein as "Website," "Site," and/or "Seller".
PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL
COVERED
In the event that a person excluded from this website
because of the Terms of Use or from denial of service by the website,
who nonetheless unlawfully views this site, that person remains subject
to the terms of this Privacy Policy and is in violation of the Terms
of Use.
PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED
FROM THIS WEBSITE
This website is not lawfully accessible to persons
under the age of 18 or who are otherwise covered by the provisions
of the Child Online Privacy Act of 1998 (COPA). If you are under
the age of 18 you must leave this site immediately. Fraudulent
use of this website may make you subject to civil or criminal sanctions.
VIEWING AND/OR USE AND/OR COMMUNICATION IS
CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY
Acceptance of the terms of this Privacy Policy is a
portion of the consideration required for your right to visit the
website. If you do not accept these terms, you have no right
to visit this site and you are fraudulently using this site.
A NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY
PROTECTION ACT OF 2003 --OPPA)
It is the intent of the Privacy Policy to comply with
the California Act. Various provisions throughout this Privacy
Policy address requirements of the act. In summary, you must
presume that we collect electronic information from all visitors. This
is not usually personally identifiable. If you purchase a product
or service via this website (and thereby become covered by the Act),
the purchase agreement you electronically sign prior to purchase
allows the website to collect and archive all the personal information
you provide and to transmit and/or transfer that personal information
to third parties. There is no way you can modify this information
and you have no right to do so. Under the terms of the purchase
agreement, you have no right to view or receive any information about
our database. In the event that the website, under advice of
counsel agrees to divulge information, the requesting party must
submit whatever information is demanded by the website in insure
that the website is releasing information to the correct party. Other
provisions of the OPPA may exempt this website from complying. While
we take measures to ensure that outside parties do not have access
to any information we have about you, we do not warranty that outside
parties will not breach our system and thus have access to your information. (You
should know that merchant service providers do not allow us access
to your credit card information.) This Privacy Policy also is
subject to change without notice. You are required to read it
prior to using the website. By interacting with the website
you agree to the terms and conditions of the Privacy Policy. By
using the website or purchasing a product through this website, you
waive the right to use state or federal court systems to address
complaints and, instead, agree to use the American Arbitration Association
located in a city and county specified herein.
ABOUT THE PERSONAL INFORMATION THIS WEBSITE
COLLECTS AND HOW IT IS USED
This website routinely collects information about its
visitors, subscribers, members, and customers. This information
is obtained in various ways, such as:
VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION
OBTAINED FROM 'REGISTRATION'
Registration means that the Visitor, Subscriber, Member
or Customer takes active, positive steps to communicate information
to this website. This can include pages or 'pop ups' where you
register for a newsletter or subscribe to a mailing list; it can
include your participation in visitor surveys; it can include requesting
information from the website via email, mail, or courier; it may
be from joining an affiliate program or other membership organization,
paid or unpaid; it may be from ordering a product.
Occasionally complete credit card information may be
provided to the website via fax or a fill-in form rather than regular
secure merchant service processing. This information is kept
at the highest level of security and is never divulged to anyone
except the merchant service provider or for the purpose of communication
with the customer.
ONLINE ORDERING
Online ordering via SSL encrypted communication provided
by shopping cart services supporting merchant service companies like
Visa and Master Card provides information to the website but does
not provide complete credit card numbers. In the process of
online ordering, the customer provides, name, address, city, state,
email address, phone number, CVV2 (back of card) number, and, occasionally
a member password. You should consider all this information
available to the website. This information is used to deliver
the product, but under the Purchase Agreement you also approve its
use for general solicitation purposes.
VISITOR EMAIL INQUIRIES
Website visitors who wish to communicate with the website
do so under two conditions: one, they give their permission
for contact by the website; two, they are subject to any ‘submission’ provisions
of the Terms of Use, Purchase Agreement, or this Privacy Policy. While
your email address may or may not be used to solicit you, it is added
to the website's general solicitation database.
CUSTOMER EMAIL OR TESTIMONIALS
If you are a customer and send an email to the website,
or if you communicate with the site by phone or mail, the website
collects information about your communication and by communicating
with the site you give your permission to collect, archive, retrieve,
and otherwise use any information collected as the site sees fit.
Any communication which, in its sole discretion, the
site deems to be a testimonial, may be publicized for commercial
purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION
WITH BANNERS, POPUPS, OR SITE ADVERTISERS
Visitors clicking on banners or pop-ups or hyperlinked
advertising, appearing on this website must assume that information
is being collected about them. This site is not responsible
for the use of information collected in such a fashion. Visitors
must assume that (1) information will be collected, (2) that ‘cookies’ will
usually be placed on their hard drive, (3) that website does not
have any control over what happens with this information, (4) that
website takes no responsibility over the accuracy or content of advertisers,
(5) that website is not responsible for downloads from third party
advertisers that contain viruses or worms or other computer code
that causes their computer or software harm, and (6) that website
assumes no responsibility for the data that is garnered from the
click itself or that the advertiser collects.
INFORMATION OBTAINED FROM REFERRING EMAIL OR
REFERRING URLS
If you send a friend an email from this site or if
you send the url or one of our web pages to a friend, you must assume
that some data is collected about your IP address or your email address
and that of your friend. You must assume that referred emails
or web pages may appear to come from your email. You must accept
fully responsibility for referring pages or email to a friend and
agree to indemnify this site for any damage, intentional or unintentional
that results from said referrals.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR,
SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS
Unless otherwise specified in the survey, you must
assume that any information provided to the website as part of a
survey in which you participate may be used for general solicitation
for commercial purposes and that such information will be shared
with joint venture partners, affiliates, marketing organization or
used by the site itself for product design or solicitation purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS
AND 'COOKIES'
Many websites, including this one, collect information
about your computer, your email address, your IP address. You
must assume that your web-viewing or web-use activity is monitored,
tracked, and information collected. This information is not
usually of a personal nature, but it may help define your viewing
habits and product preferences even though the website may or may
not have any idea who you are.
"Cookies" is web jargon for bits of computer
code placed on your hard drive. Websites use this to keep you
'logged in', to keep track of search criteria, to monitor use, to
password protect use of the site or use of products sold by the site. Cookies
can also be used to obtain information about your computer configuration
or your use of your computer.
Cookies can be used to electronically gather information
about you. Again, it may or may not be personal information,
but it is information and by using this site you are expressly giving
permission to use 'cookies' and to use the information gathered from
their use to benefit you. You also give permission to collect,
archive, retrieve, and use any information collected for product
design, product offers to you, and general commercial solicitation
purposes by this site or joint venture partners, affiliates, and
marketing organizations.
HOW INFORMATION MAY BE USED
The use of information as described below may or may
not be how information that is collected is customarily used by this
site. While actual use of any information collected may be used
quite conservatively, you must assume that it is not. You must
assume that information collected is shared with other persons or
entities for commercial purposes. While this is uncommon in
practice, you must assume that it is as you make your decision whether
or not to view or interact with this website. This type of shared
information may include your name, address, phone number, email address
and buying habits, as well as other information. This information
may be used for general commercial solicitation by this website or
other persons it is sold to, rented to, or shared with.
INFORMATION THAT IS NOT SHARED
Credit card information or other financial information
is not usually known to the website. However, in the event that
it is made known, that information is never revealed to anyone except
to processing authorities or law enforcement agencies. However,
the provider of such information gives express permission to use
it in fraud investigation or for litigation.
BULLETIN BOARDS AND PUBLIC FORUMS
Visitors, subscribers, members, or customers who use
any site provided bulletin boards or other public forums, such as
chat rooms, do so at their own risk. You may not assume that
the site monitors these services or protects you in any manner from
information you post publicly or share with anyone else via these
services.
EMAIL
By providing to this website information that forms
the basis of communication with you, such as an email address, you
waive all rights to file complaints concerning unsolicited email
or spam from this website since, by providing such information, you
agree to receive communication from us or other marketing organizations. However,
all email communication with you shall contain an 'unsubscribe' link
where you may notify the website that you no longer wish to receive
solicitations or information from the website and your name will
be removed from the general solicitation database.
DATA SECURITY
This website takes measures to protect its data that
contains information related to you. However, as a consideration
for viewing this site or interacting with this site in any manner,
you waive all claims of any nature against this site concerning the
loss, alteration, or misuse of information. You must assume
that it is possible for your personal data to be obtained by others,
such as "hackers," and used in an inappropriate manner
that may cause you harm and that you agree that the site is not responsible
for damages to you.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
You may direct questions, comments or reports to:
Come On Aussie Internet Services
PO Box 362,
Laurieton NSW 2443 Australia
Email: toni [at] banabu.com.au
REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE
This Privacy Policy is dynamic. It will continually
change. You may not assume that it remains the same and you
agree to check the policy each time you visit the site for changes. Unless,
in the sole opinion of the website, this policy changes so drastically
as to suggest a posted notification on the site or via email, you
will receive no notification of changes to this Privacy Policy nor,
under any circumstances, does this site promise notification. Your
continued use of this site always evidences your acceptance of the
terms this Privacy Policy or any modifications.
LATEST UPDATE
This Privacy Policy was last updated on: July 8, 2008
COPYRIGHT
This Privacy Policy is used under license. The
copyright is owned by Mining Gold Corporation and IP Management,
LLC.
DISPUTES
As part of the consideration that the Website requires
of the Visitor to view, use, or interact with this site, Visitor
agrees to use binding arbitration for any claim, dispute, or controversy
("CLAIM") of any kind (whether in contract, tort or otherwise)
arising out of or relating to this purchase, this product, including
solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules
of the American Arbitration Association, which are in effect on the
date a dispute is submitted to the American Arbitration Association. Information
about the American Arbitration Association, its rules, and its forms
are available from the American Arbitration Association, 335 Madison
Avenue, Floor 10, New York, New York, 10017-4605. Hearing will
take place in the city or county of the Seller.
In no case shall the Visitor have the right to go to
court or have a jury trial. Visitor will not have the right
to engage in pre-trial discovery except as provided in the rules;
you will not have the right to participate as a representative or
member of any class of claimants pertaining to any claim subject
to arbitration; the arbitrator's decision will final and binding
with limited rights of appeal.
The prevailing party shall be reimbursed by the other
party for any and all costs associated with the dispute arbitration,
including attorney fees, collection fees, investigation fees, travel
expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought
before a court of law, pre- or post-arbitration, Visitor agrees to
that the sole and proper jurisdiction to be the state and city declared
in the contact information of the web owner unless otherwise here
specified. In the event that litigation is in a federal court,
the proper court shall be the closest federal court to the Seller's
address.
APPLICABLE LAW
Visitor agrees that the applicable law to be applied
shall, in all cases, be that of the state of the Website owner(s).
COPYRIGHT AND LICENSE
This "Privacy Policy" is copyrighted 2003
- 2004 by http://www.internet-law-compliance.com Mining
Gold Corporation and IP Management, LLC and is fully licensed for
use by this website. If you wish to lawfully use this Privacy
Policy on your website, contact support@internetlawcompliance.com for
licensing information. |