Privacy Policy

By engaging Max Retail’s services, you agree to abide by the following User Privacy Policy.

SwapRetail, Inc. d/b/a Max Retail User Privacy Policy

Introduction

By engaging SwapRetail’s services and agreeing to transact with us through our website, you agree to abide by the following User Privacy Policy. This privacy policy discloses the privacy practices for SwapRetail, Inc. d/b/a Max Retail (“Max Retail”, “we”, “our” or “us”) and our website; http://www.maxretail.com, its subdomains, and related domains (collectively these domains are to be referred to as the “Website”), our services, features, content and applications (collectively with the Website, the “Services”). We receive information about you from various sources, including (i) your user account (“User” or “User Account”); (ii) your interaction with our Services; and (iii) from third party sources and services. This privacy notice applies solely to information collected by the website, except where stated otherwise. It will notify you of the following:

• What information we collect;
• With whom it is shared;
• How it can be corrected;
• How it is secured;
• How policy changes will be communicated; and
• How to address concerns over misuse of personal and company data.

Information Collection, Sharing and Use

The User Privacy Policy contains the handling of user information (“User Information”) collected when you are using our Services. This User Privacy Policy also covers our handling of the User Information our partners and clients share with us, and the User Information we share with our partners and clients.

We are the sole owners of the information collected on this site. We only have access to or collect information that you voluntarily give us via the Website or other direct contact from you. We may share the information we collect as stated herein, and/or in the following instances:

1. We have been given your consent to disclose;
2. We have previously informed you of the disclosure, including by means of our Privacy Policy or on the Website, or through the Service where you provided your information;
3. We are required by law, legal process, or court order to disclose;
4. Disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, our rights or property, our Website users, or anyone else; or
5. To respond to an inquiry, request or complaint that you have made.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g., to ship an order. Such information may be used to facilitate transactions among our accounts, users, Max Retail, and third parties. As such, this information may be shared and used by all such parties to the extent we desire or otherwise allow such information to be shared. You are hereby accepting and agreeing to such use and sharing of information.

The Services of the Website include functionality that may allow you i) to market or advertise your services or items you wish to sell (such as clothing and other fashion related items), ii) view information about or contact others about the services or items they wish to sell, and/or iii) transact with others. When you seek to market or advertise the services or items you wish to sell, you are consenting to that information related to such services or items, as well as your identity and contact information, will be shared publicly with other users of the Website. When you seek to contact others about the services or items they wish to sell, you are consenting that information about you, such as your interests, preferences, identity and contact information, will be shared with those you are seeking to contact. When you seek to transact with others, your communication will be shared with those you are seeking to transaction with, as well as your identity and contact information.

Our Websites and Services may ask you to submit User Information, as well as other information about other people and/or their affiliated companies. Such information may be used to facilitate transactions among our Users, Max Retail, and third parties. As such, such information may be shared and used by all such parties. You are hereby accepting and agreeing to such use and sharing of information.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address (support@maxretail.com) or by phone number (347) 509-7927:

• See what data we have about you, if any;
• Change/correct any data we have about you;
• Have us delete any data we have about you;
• Express any concern you have about our use of your data

Registration and User Accounts

In order to use the Website, a user must first complete the registration form and create a user account (“User Account”). During registration a user is required to give certain information. This Privacy Notice describes our collection, use, disclosure, retention, and protection of your personal and company information. It applies to the Max Retail site, including through mobile devices. By using our Services and/or registering for an account with us, you are accepting the terms of this Privacy Notice and our User Agreement, “accepting” your User Account, and you are consenting to our collection, use, disclosure, retention, and protection of your information as described in this Privacy Policy. You maybe asked to choose a user name, screen name, or member name (each, a “User Name”) and password. You may also be asked to provide certain user information and other personally identifiable information about yourself (collectively “User Information”), such as your first and last name, company name, billing and shipping address, telephone number, and e-mail address. The Website allows you to update certain information when you are logging in. If you provide us with User Information, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure.

This Privacy Policy does not apply to any information you may disclose publicly in such Services. In some instances, you may choose to create a “Public Profile” that will be available to others on the Internet and therefore may not be anonymous. Public Profiles are managed entirely by you, and you are solely responsible for your Public Profile’s content and its “public” or “private” status. Max Retail bears no responsibility for any action or policies of any third parties who collect any information that users may disclose in user forums or other public areas of this Website. You are also responsible for maintaining and updating the registration information in your User Account with current and complete information.

You can unsubscribe from receiving marketing e-mails from the Website by clicking the link contained within such e-mails sent to you. You cannot unsubscribe from receiving correspondence regarding non-marketing e-mails, including but not limited to correspondence with parties involved in a transaction with you, or emails with Max Retail regarding your User Account and activities on or through the Website.

You should be aware that it is not always possible to completely remove or modify information in our databases. In addition, we may institute a policy in which User Information is deleted after a certain amount of time, and therefore, your User Information may no longer exist in our active databases. Even if you choose to unsubscribe or otherwise modify your User Account settings, Max Retail reserves the right to contact you regarding your account and your use of this Website and/or the Services.

Some features of the Website and our Services permit you to provide content to the Services, such as User comments. All content submitted by a User to the Website may be retained by Max Retail, even after you terminate your User Account. We may continue to disclose such content to other parties in compliance with this Privacy Policy.

E-mail Newsletter Subscriptions

When you create a User Account or accept one, you may agree to be subscribed to our e-mail newsletters, if any. You may also be asked for other information at the same or later time. We do not use your email address or other User Information to send marketing messages unless you’ve opted in to receive such messages.

Text messages (SMS)

• Opt-in: You may actively opt-in to receive SMS messages by providing your mobile number and consenting to receive text communications.
• Checkboxes: We may provide checkboxes on our website or in our mobile app that allow you to indicate your consent to receive SMS messages.

• Time-sensitive alerts: We may use SMS to send you important notifications, such as order confirmations, shipping updates, or password resets.
• Promotional offers: We may send you text messages about promotions, sales, or other marketing offers.
• Customer service updates: We may use SMS to communicate with you regarding item sold and customer service inquiries or issues.

• Replying “STOP” to any SMS message you receive.
• Contacting our customer service department.

Sharing and Disclosure

When you visit and utilize the different functions of our Website, our web servers may automatically collect website usage information. Website usage information is non-User Information that describes how our visitors utilize the Website. Information collected includes, but is not limited to, the number and frequency of visitors each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visit the Website, and IP addresses. Max Retail may use IP addresses for a number of purposes, such as system administration, to determine your computer’s server location, to report aggregate information to our business partners or to audit use of the Website.

Max Retail may also work with third parties to provide some Services on our Website. In connection with those Services, you are deemed to consent to us sharing User Information with third parties who provide services including, but not limited to, credit card processing, customer service, promotions, and order fulfillment. These third parties do not have any right to use User Information or information shared with them beyond what is necessary to assist in providing the Services. You consent to our sharing of User Information with these third parties. We will use commercially reasonable efforts to prevent such third parties from disclosing User Information, except for providing such Services. We cannot guarantee that these third parties will not disclose our User Information and will not be liable for any unauthorized use or disclosure by any third party.

From time to time, Max Retail may use and share with third parties aggregate, non-personally identifiable User Information to show demographic and preference information among users of the Max Retail websites. For example, Max Retail may produce and share with others “trend reports” using such aggregate, non-personally identifiable User Information, generated based on information gathered on Users from order information (i.e. products purchased, amount spent, type of product, addresses to be shipped to, etc.), retailer information related to purchases (i.e. type of retailer and their buying habits) and brand information (i.e. type of product a brand showcases).

Max Retail will share information in order to comply with state and federal law. We will share information to respond to a court order or subpoena, or to establish or exercise our legal rights or defend against legal claims. We may also share it if a government agency or investigatory body requests. We may also share information to protect us, or our site, or our users. We might share information with other companies for fraud and credit risk reduction.

Max Retail will share information to any successor to all or part of our business whether Max Retail is acquired by or merged with another company. For example, if part of our business was sold we may sell our customer list as part of that transaction. In the event that Max Retail is acquired by or merged with a third party, we reserve the right to transfer or assign the information collected from our Users as part of such transaction. We may not control how our User Information is handled in the event of a bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of law when applied to creditor rights.

Security

We take precautions to protect your information. When you submit sensitive information via the Website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (e.g. billing or customer service) are granted access to personally identifiable information. The computers/servers on which we store User Information are kept in a secure environment.

All of that being stated, the Internet is not 100% secure. Max Retail cannot promise that your information will be completely safe. Please use caution when using the Internet or providing personal and company information to others.

If Max Retail learns of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps, or alternatively, we may post a notice of such security breach on our Website. Please contact us if you would like to receive a written notice of a security breach.

Cookies and Related Technologies

Max Retail receives and records certain technical information from your browser in order to operate its Services. We may use certain tools to view statistics about usage of our Services.

We use cookies or similar technologies as they may become available on the Website or in e-mail messages. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. Cookies are used by Max Retail for other purposes, including but not limited to, conduct research to improve our content and services; store credentials you may use to enable posting to other sites; keep track of your design file choices and preferences while using our Services; and access information when you sign on. Usage of a cookie is in no way linked to any User Information on our site. Some of our third party business partners may use cookies on our site (e.g., advertisers). However, we have no access to or control over these cookies. Most browsers will allow you to configure the use of cookies on your browser. You should refer to your browser instructions, or “Help” screen for more information. However, it is possible that some parts of this Website will not operate correctly if you disable cookies and you may not be able to take advantage of some of this Website’s features. You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.

Our web pages may include advertisements for third parties and their products, and those third-party advertisements may include a cookie served by the third party. We do not control cookies in such third party ads, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. Our Privacy Policy does not cover the use of information collected from you by third party ad servers. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this and other websites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.

Links to Non-Max Retail Websites

The Website may contain links to other sites. Please be aware that Max Retail is not responsible for the content or privacy practices of such other sites. We encourage users to be aware when they leave the Website and to read the privacy statements of any other site that collects user information.

Children and Minors

The Website is not intended for children under 18. In some cases, children may give us information without us knowing about it. If you are a parent or legal guardian and believe that your child under 18 has provided us with personally identifiable information, please email Max Retail (support@maxretail.com) or call us at (347) 509-7927. Max Retail is committed to complying with all applicable laws and regulations regarding children, including the Children’s Online Privacy Protection Act.

Surveys

From time-to-time our site may request information via surveys. Participation in these surveys is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Update to Privacy Policy

From time to time, Max Retail may change, amend, or update this privacy policy. Max Retail will notify you of any material changes to this policy as required by law. Max Retail will also post an updated copy on the Website. Please check the website periodically for updates.