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PRIVACY POLICY

Wunders USA, Inc. (“Wunders”, “our” or “we”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.thewunderscompany.com (this “Site”). This Privacy Policy applies only to information that you provide to us through this Site. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Wunders Terms of Service. As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.  

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your use of the Site (together, the “Service”) and to enable users to enjoy and easily navigate the Site.  

Personally Identifiable Information  

— When you sign up for the mailing list via the Site or when you make a purchase via the Site, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, phone number, credit card or other billing information, email address and postal address. We use your Personal Information mainly to complete your transactions and administer your inquiries.

— Personal Information can be considered Non-Identifying Information ("Non-Identifying Information") when they are taken alone or combined only with other non-identifying information (for example, your zipcode). We collect and may use your Non-Identifying Information to improve the quality and value of the Service and to analyze and understand how our Site and Service are used.

— We also use your Personal Information to contact you with Wunders newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. (See “Changing or Deleting Information,” below.)

 

Log Data 

When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Cookies

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by Wunders Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser.   You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.  

 

Phishing

Identity theft and the practice currently known as “phishing” are of great concern to Wunders. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.

 

Information Sharing and Disclosure

Aggregate Information and Non-Identifying Information.  We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

 

Service Providers; Third Party Vendors. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf and to perform services (e.g., without limitation, maintenance services, fulfillment, payment processing, database management, web analytics and improvement of the Service’s features) or to assist us in analyzing how our Service is used. These third parties have access to your Personal Information and Non-Identifying Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.  

 

Social Networking Sites.  We may share information from your purchase (including your Personal Information) with the social networking services (“SNS”) that you have chosen to link with your purchase. These third parties have access to your Personal Information only for this purpose (unless the SNS has received your Personal Information independently of the Service) and are obligated not to disclose or use it for any other purpose.

 

Compliance with Laws and Law Enforcement.  Wunders cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Wunders or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

 

Business Transfers.  Wunders may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.  

 

Changing or Deleting Your Information

If you would like us to delete your record in our system, please contact us at info@wunders.co with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

 

EU Citizens and GDPR

Wunders USA, Inc. is the data controller for this site. We take our site visitors' and customers' privacy and data rights seriously, because it's serious business! As data controller, Wunders is honor-bound (and legally obligated) to help data subjects (i.e., site visitors and customers) exercise their rights. In accordance with the GDPR and our own good will toward our community, any site customer or visitor can request their data be deleted or handed over to them. In order to start this process, please email the data controller at info@wunders.co.

As data processor, Wix follows our instructions on how to handle that data. Wix data processor can be reached at wunders@wix.com. To prepare for GDPR compliance, Wix has built into the platform options to send customer data to the customer and delete customer data entirely. We, the data controller, will use these features to help customers exercise their rights.

 

Security 

Wunders is very concerned with safeguarding your information. We employ reasonable physical, technological, and administrative security measures and attempt to ensure they are applicable under the circumstances. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

 

International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Wunders transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

 

Links to Other Sites

Our Site contains links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.  

 

Contacting Us 

If you have any questions about this Privacy Policy, please contact us at info@wunders.co.

TERMS OF SERVICE

Wunders USA, Inc. and Wunders Europe B.V.  (“Wunders”, “our” or “we”) provide goods for purchase (the “Services”) through our website, accessible at www.thewunderscompany.com. Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Wunders.

Certain areas of the Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.

Our Services

As a User (defined below), the Services allow you to (i) add products you wish to purchase to a shopping cart, (ii) enter required information to complete the transaction, and (iii) submit your order for fulfillment. When you use our Services, you agree to provide accurate, current, and complete information during the checkout process.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

Modification

Wunders reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification via the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification via the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

 

Eligibility

You may use the Services if you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

 

Privacy

See Wunders’ Privacy Policy for information and notices concerning use of your personal information.

 

Ownership

The Services and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Wunders and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

 

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at info@wunders.co or through our form on the Contact Us page. You acknowledge and agree that all Feedback will be the sole and exclusive property of Wunders and you hereby irrevocably assign to Wunders and agree to irrevocably assign to Wunders all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Wunders’ request and expense, you will execute documents and take such further acts as Wunders may reasonably request to assist Wunders to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

General Prohibitions

You agree not to do any of the following:

Use, display, mirror or frame the Services, or any individual element within the Services, Wunders’ name, any Wunders trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Wunders' express written consent;

Access, tamper with, or use non-public areas of the Services, Wunders’ computer systems, or the technical delivery systems of Wunders' providers;

Attempt to probe, scan, or test the vulnerability of any Wunders system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wunders or any of Wunders’ providers or any other third party (including another user) to protect the Services;

Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Wunders or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a Wunders trademark, logo URL or product name without Wunders’ express written consent;

Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

 

Wunders will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Wunders may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Wunders has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

 

Copyright Policy

Wunders respects copyright law and expects its users to do the same. Please see Wunders’ Copyright Policy for further information.

 

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Wunders is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Wunders of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Indemnity

You agree to defend, indemnify, and hold Wunders, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER WUNDERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WUNDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL WUNDERS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WUNDERS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Wunders used herein are trademarks or registered trademarks of Wunders. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Western District of Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Wunders and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Wunders and you regarding the Services.

 

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Wunders’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Wunders may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Wunders via email (in each case to the address that you provide) or (ii) by posting via the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Wunders to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wunders. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Us

If you have any questions about these Terms, please contact Wunders at info@wunders.co

and all product names are registered trademarks.