Privacy Policy

This policy was last updated March 9, 2016

Cheyenne International, LLC (the “Company”) created this official privacy policy (the “Privacy Policy”) to set forth its privacy practices for CheyenneCigars.com (the “Site”). By using the Site, you agree to all of the terms and conditions of the Privacy Policy. Please be sure to read this entire Privacy Policy before using or submitting information to the Site. If you disagree with any part of the Privacy Policy, do not use the Site.

The Site is offered and made available only to users twenty-one (21) years of age or older. If you are under the age of 21, you are not permitted to access or use the Site and must exit the Site immediately.

The Privacy Policy is a part of, and subject to, the Site’s Terms of Use and User Content Agreement. The Privacy Policy, the Terms of Use, and the User Content Agreement are legally binding on all users of the Site.

The Privacy Policy details our commitment to your privacy, including:

(1) the types of information the Company collects and how it collects this information;
(2) how the Company uses the information it collects;
(3) the measures the Company takes to protect the information it collects;
(4) how you can access, update, and delete the information you give to the Site; and
(5) how you can contact the Company
.

1. Collection of Information

(a) Active Collection of Personal Information.

The Site offers you the opportunity to become a registered user of the Site. Your registration will give you full access to the Site. To become a registered user, you must create a user identification name and password (collectively, the “Login Information”) that you will use to access your registered account.

If you register for an account on  the Site, you choose to give us personal information, including, e.g., your first and last name, date of birth, street address, city, state, zip code, email address, and telephone number. You may also provide comments, suggestions, or other information relating to the Site, the Company’s products, or the Company.

From time to time, the Site will offer you the opportunity to participate in promotions, contests, challenges, or sweepstakes (collectively, “Promotions”). You may be required to enter additional personal information to enter a Promotion. Each Promotion the Site offers will have its own entry page, which will include a list of rules describing the requirements for the Promotion.

 (b) Passive Collection of Information through Tracking Technology

The Site uses Google Analytics, a web analytics service provided by Google, Inc. ("Google") to help analyze how users use the Site. Google Analytics uses “cookies” and other tracking technology to collect aggregate data (“Aggregate Data”) from your visits to the Site. Cookies are text files the Site places in your computer’s browser to store your preferences. Cookies do not cause damage to your computer system or files. Only the website that transferred a particular cookie to you can read, modify, or delete such cookie. Your browser should allow you to delete existing cookies, decline cookies, or give you the choice of declining or accepting cookies. Your personal information will not be extracted from the cookies. To learn more about the privacy policy of Google Analytics, refer to Google's Policies and Principles. Use the Google Analytics Opt-out Browser Add-on to prevent analytics information from being sent to Google Analytics. The Company stores any Aggregate Data we collect from you in aggregate form. The Company is not able to identify any particular user or individual from the Aggregate Data. The Company uses the Aggregate Data it collects in a variety of ways, including but not limited to keeping count of your return visits to the Site, accumulating and reporting aggregate statistical information regarding the Site, and determining which features users prefer.

The Site may also use “pixel tags,” “web beacons,” “clear GIFs,” or similar means (collectively, “Pixel Tags”) to compile aggregate statistics about Site usage and response rates. Pixel Tags allow the Company to count the number of users who have visited certain pages of the Site, to deliver branded services, and to help the Company determine the effectiveness of its promotional or advertising campaigns as well as the effectiveness of the Site itself. When Pixel Tags are used in HTML-formatted email messages, they can tell the sender whether and when the email has been opened.

The Site collects referrers (information your web browser passes to the Company’s web server that references the URL which you used to access the Site) and your Internet Protocol (IP) address (the number used by computers on the network to identify your computer so that you can receive data). The Site also collects other environmental variables. Environmental variables include, but are not limited to, the domain from which you access the Internet, the time you accessed the Site, the type of web browser, operating system, and platform your computer uses, the Internet address of the previous website you visited before entering the Site, the names of the pages you visit while at the Site, and the next Internet website you visit after leaving the Site.

2. How We Use Information

The Company may use the information collected from you as follows:

(a) Our Business Purposes. We may use your information for the Company’s everyday business purposes such as to (1) provide services to you, (2) communicate updates, promotions, or news about the Company, its products, or events through e-mail or direct mail, (3) market our products and services, (4) monitor and conduct reviews of the Company’s products and offers, (5) help the Company improve its current products or develop new products, (6) collect demographic and geographic information about the users of the Site and its products, and (7) communicate administrative or legislative related information.

(b) Service Providers. From time to time, we may employ companies and individuals to perform certain services on our behalf (such as advertising and marketing, consulting, legal, or other services). These third-party service providers may have access to your information, but only to the extent required to perform their assigned roles, and they may not use your information for any other reason.

(c)  Promotions. In the event you enter a Promotion offered through the Site which requires you to provide information, the Company reserves the right to share this information with any third party sponsors of the Promotion or otherwise in accordance with the rules applicable to such Promotion. Thus, the Company encourages you to read the rules of each Promotion thoroughly before entering a Promotion. Insofar as the rules of a Promotion conflict with this Privacy Policy, the rules of such Promotion shall apply.

(d) Business Transactions. The Company reserves the right to transfer any information collected, including personal information, in the event of a transfer of ownership, assets, securities, or bankruptcy involving the Company and in connection with Company business transactions such as buying or selling subsidiaries or engaging in joint ventures with third parties; provided, however, the Company will use reasonable efforts to direct the transferee to use any transferred information, including personal information, in a manner that is consistent with this Privacy Policy.

(e) Compliance with Law. We may release Personal Information about you if we believe such a release is necessary to comply with the law or in response to a subpoena or other legal process. The Company also reserves the right to collect and share any information the Company deems necessary to investigate or take action in connection with suspected fraud, illegal activities, possible harm to persons or property, or as otherwise required or permitted by the law.

3. Disclosure

(a) User Generated Content Functions

This Site may allow you to submit your own content to the Site through various Site functions and Promotions. Any content that you submit to or for use on the Site is subject to the terms of the User Content Agreement and may become public information. You should exercise caution if any content you submit includes any information about yourself or others, including any personal information. The Company is not responsible for the results of such submissions and it cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety. By submitting any User Content to the Site, you signify your acceptance of, and agreement to follow and be bound by, the Terms of Use, the Privacy Policy, and the User Content Agreement.

(b) Accuracy and Confidentiality

It is your responsibility to enter current, complete, truthful, and accurate information, and to keep such information up to date. The Company cannot and will not be responsible for any liability or other problems that may arise from your failure to enter accurate, truthful, or complete information, or your failure to update such information. You are solely responsible for maintaining the strict confidentiality of your Login Information, if applicable, and for any charges, costs, expenses, damages, liabilities, and losses the Company may suffer as a result of your failure to do so. You, not the Company, are solely responsible and liable for your activity, behavior, use, and conduct on the Site or any other activity or conduct in connection with the Site, by any others who may use your Login Information, unless and until you notify the Company that your Login Information may have been compromised, misappropriated, or improperly taken or used by another party. Any submission of information by you does not guarantee that the Company will permit you to use any or all of the features or functions of the Site.

(c) Communication with Users; Opt-Outs

The Company may contact registered users or other users who have entered personal information in connection with the Site. You may “opt out” of receiving marketing and promotional emails by following the opt-out procedure described in each email the Company sends. However, even if you opt out of receiving marketing and promotional emails, the Company may continue to email you for administrative or informational purposes, including follow-up messages regarding the administration of your account, any Promotions in which you have participated, or any content you have submitted to the Site.

The Company does not and will not send you emails asking you to provide or confirm sensitive personal information or to provide your Login Information. A technique known as “phishing” attempts to steal personal identity data and financial account credentials from consumers. “Phishers” use “spoofed” emails to lead consumers to sham websites which trick recipients into divulging personal information including credit card numbers, account usernames, passwords, and social security numbers. If you receive such an email communication purporting to be from CheyenneCigars.com, please forward it immediately to contactus@cheyenneintl.com and then delete it from your computer.

4. Third-Party Websites

The Site may provide links to third-party websites. These websites operate independently from the Company and may have their own privacy policies or statements. We encourage you to review the privacy policy of any third-party website or resource before using it, and you accept sole responsibility for and assume all risk arising from your use of any such websites or resources.

5. Security and Protection of Personal Information

The Company does not sell, rent, or trade any personal information you provide to the Company, nor does it disclose any such personal information to any third parties outside the Company except as specified under this Privacy Policy and except in those specific instances when a user gives the Company specific permission to do so. The Company does not sell, lease, or rent any email lists to third parties.

The Company uses firewalls and physical controls to maintain the security and confidentiality on the Site to protect against unauthorized disclosures, use, alteration, or destruction of the information you provide to the Site. The Company limits access to the databases containing information to its key personnel. However, no security system is perfect, and we cannot guarantee that information you provide to us over the Internet will remain private. We also cannot guarantee that information you provide to us over the Internet will not be intercepted.

6. Reviewing, Updating, and Deleting Personal Information

(a) Your Personal Information

Access to the Information you provided to the Site may be accessible for a limited period of time from the point of collection. If you are a registered user, you can access your account to review and change your information or to delete your account.

(b) Person under the age of 21

Any person under the age of twenty-one (21) who uses the Site is in violation of the Terms of Use.  If the Company discovers any accounts owned by users under the age of 21, these accounts will be deleted pursuant to the Terms of Use. We will not knowingly collect information via the Site from a visitors in this age group except in an effort to delete any such accounts.

(c) The Company’s Rights

The Company reserves the right to deny access, use, and registration privileges to any user, including without limitation, a registered user, of any services, features, or functions of the Site if there is a question regarding the identity of the person accessing or attempting to access the user’s account or any services, features, or functions. In the event that the Company denies a registered user access to his or her account, the Company will provide the registered user with an explanation of why the Company cannot provide such access and the contact information the registered user should use to inquire further into the denial of access.

7. How to Contact Us

If you have any questions, requests, or concerns related to this Privacy Policy, you may contact us by emailing us at contactus@cheyenneintl.com or by writing to us at the following address:

Cheyenne International, LLC
701 South Battleground Avenue
Grover, NC 28073

8. Notification of Changes

The Company reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Privacy Policy at any time by updating this posting without advance notice to you. You agree that the Company may notify you of material changes to this policy by indicating the date of the most recent update at the top of the policy, and that you will check the Site frequently for updates. If at any point the Company decides to use your information in a manner different from that stated at the time it was collected, the Company will notify you and you will be given a choice as to whether the Company may use this information in the new manner.

9. Tracking

At this time, the Website does not respond to web browser “do not track” signals. We may add this functionality in the future, and if we do, we will update this Privacy Policy to let you know.

10. For California Customers Only

California Civil Code Section 1798.83 requires certain California businesses to disclose, upon a customer’s written request, (i) a list of the kinds of personal information that the business has disclosed to third parties for direct marketing purposes during the preceding calendar year, and (ii) the names and addresses of all of the third parties that received personal information from the business for direct marketing purposes during the preceding calendar year. Businesses must respond to such requests within thirty (30) days, but they are only obligated to respond to one request from a customer in a calendar year.

If you are a current customer in California, you may request this disclosure by sending an e-mail request to contactus@cheyenneintl.com listing your name, address, and e-mail address. You must also specifically indicate the nature of your request by including the following language or language substantially similar to it: “I request that you send me your third-party information sharing disclosures as required by California Civil Code Section 1798.83.” As Cheyenne maintains websites for many products, please also specify which product website you are writing in reference to. Alternatively, you may mail your request to the following address:

Cheyenne International, LLC
701 South Battleground Avenue
Grover, NC 28073

 

User Content Submission Agreement

This Agreement was last updated March 9, 2016.

This User Content Submission Agreement (the “User Content Agreement”) is a part of the Terms of Use for CheyenneCigars.com (the “Site”). The User Content Agreement represents your legally binding agreement with the Company regarding any User Content (defined below) and the Company’s use, display, and/or distribution of such User Content. Any capitalized terms that are not defined herein shall have the meanings ascribed to them in the Terms of Use.

When you submit or attempt to submit User Content, you signify your acceptance of, and agreement to follow and be bound by, all of the terms and conditions of this User Content Agreement, the Terms of Use, and the Privacy Policy. The Company reserves the right to revise the User Content Agreement at any time and for any reason, without advance notice to you, as described in the Terms of Use. You agree that the Company may notify you of material changes to the User Content Agreement by placing a notice on the Site and that you will check the Site frequently for updates. The Company may terminate this User Content Agreement with you and your right to submit User Content at any time without notice to you. If you do not agree with any of the terms and conditions contained in the Terms of Use, the Privacy Policy, or this User Content Agreement, please do not submit or attempt to submit any User Content.

By submitting or attempting to submit User Consent, you certify that you are over 21 years of age, as required by the Terms of Use. The Company will not knowingly collect content or information via the Site from visitors under the age of 21 and will take prompt steps to delete any such content or information if notified that any has been inadvertently collected.

1. Submitting User Content

User Content includes any and all content you submit to the Site or for display or use on the Site, including without limitation information, media, materials, photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, feedback, data, questions, comments, product or service ideas, know-how, or suggestions (“User Content”).

The Company may request information about you and your submission when you attempt to submit User Content, such as a descriptive title for your User Content and the location where you created such User Content. By submitting User Content, you agree that any of the information you provide to the Company that in any way relates to such User Content will also be considered User Content, even though some of this information may be considered personal information, as described in the Site’s Privacy Policy.

Videos can be uploaded to the Site through YouTube. You must have a YouTube account to submit any User Content involving video technology. As mentioned in the Terms of Use, the Company and the Site are unaffiliated with YouTube. The Company encourages you to read YouTube’s terms of use and privacy policy before submitting any User Content through your YouTube account.

The Site contains instructions for submitting User Content. If you have trouble submitting User Content, you may contact the Company for help, but the Company is not responsible for any failed User Content submission attempts. Proof that you submitted User Content will not be considered proof that the Company actually received such User Content.

2. Unauthorized User Content and User Content Standards

You are solely responsible and liable for any User Content submissions made under your name and/or Login Information and for any consequences that arise from such User Content. The Company’s decision to display your User Content on the Site does not indicate that the Company endorses any of the views expressed in the User Content or that the User Content reflects the views of the Company. The Company does not have any responsibility or liability in connection with any User Content. If the Company determines that any displayed User Content violates the Site’s Terms of Use, the Company reserves the right, at any time, without notice to you, and without limiting any and all other rights the Company may have under this Agreement, to (a) refuse to allow you to submit further User Content, (b) remove and delete your User Content, (c) if applicable, revoke your user account and/or void your entry in any Promotion, and (d) use any technological, legal, operational, or other means available to enforce the terms of this User Content Agreement.

The Company may screen User Content submitted to the Site before it is actually displayed on the Site. You agree that you will not submit or attempt to submit, and that the Company has the right to delete, remove, move, edit, or reject, without notice to you, any User Content that the Company, in its sole discretion, deems to be unauthorized content (“Unauthorized Content”). Unauthorized Content includes, but is not limited to, any content that is or may be considered abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, invasive of the rights of privacy or publicity of any person or entity, in violation of any applicable laws, or in violation of the User Content Agreement, the Terms of Use, or the Privacy Policy, or is in any way unacceptable to the Company for any reason or for no reason. By submitting User Content to the Site, you represent such User Content is your original work of authorship, that you have received the permission for the use of likeness of any and all identifiable persons appearing in such User Content, and that such User Content does not contain any Unauthorized Content. If the Company receives notice of any claim of infringement, the Company may remove the User Content associated with such claim. The Company shall have no obligation or liability to you for its failure to remove such Unauthorized Content from the Site. The Company reserves the right to provide information regarding User Content to law enforcement officials, government agencies, and pursuant to judicial or regulatory compulsion.

3. Rights Granted to the Company

You agree that any User Content that you or individuals acting on your behalf send to the Company via the Site will not be considered confidential or proprietary, even if the User Content is labeled “Confidential” or “Proprietary.” Further, the Company will own all User Content you submit via the Site, and by submitting the User Content to the Company, you irrevocably assign to the Company all worldwide rights, title, and interest in and to that User Content. The Company may use such User Content in any format, medium, and with any technology or devices (whether now or hereafter known or existing). The Company may display, reproduce, adapt, reformat, translate, store, modify, distribute, transmit and otherwise exploit all or any portion of your User Content on the Site or through any other distribution platform, for any purpose, without any accounting, notification, credit, payment or other obligation to you. The Company has no obligation to receive your consent or approval to take any actions with respect to any User Content you submit. The Company Rights shall commence immediately upon your submission of User Content to the Site and continue thereafter perpetually and indefinitely.

The Company shall not be required or have any obligation to display or use any User Content that you submit. The Company has no obligation to take advantage of any of its rights in any User Content you submit. You agree to release the Company from any and all claims of any suits, actions, demands, claims, liens, encumbrances, or other rights which you may or can have in relation to your User Content.

4. Financial Consideration

The Company reserves the sole and exclusive right to benefit from this Site, including the User Content submitted to this Site, without any accounting, obligation, or liability to you. The Company has no obligation to compensate you or provide you with any other consideration relating to your User Content.

5. Indemnification

The indemnification obligations arising under Section 10 of the Terms of Use are fully applicable to all User Content. Your indemnification obligations include, without limitation, liability for any third party claims arising from, related to, or caused by your User Content, the submission of your User Content, and/or in any way associated with this User Content Agreement and/or the Site.

6. Mandatory Arbitration / No Class Relief

To the fullest extent permissible by law, with the exception of disputes pertaining to Company’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND COMPANY RELATING TO THIS AGREEMENT SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF.  This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.