Privacy Policy

Last Updated: 26th Day of August, 2016

In human speak

We (the folks at TCH Enterprises), care about and respect your privacy on the internet! We are active participants and members of the Electronic Freedom Foundation and Internet Defense League. While we care about your privacy there is certain information that we collect to provide you with a better experience on our sites, and to assist in developing sites that are more usable and provide a better visitor experience. The information we do collect is used exclusively by TCH Enterprises. When information is provided to 3rd parties it is provided in a generalized form, with no specific information about an individual visitor.

We collect the same information about our visitors as 99% of other websites on the internet and do everything we can to protect your information. Information will not be released to anyone who does not have a direct relationship with us, except when we are forced to do so through a valid US Court Order.

Your Use of this site

By using this or any site operated by TCH Enterprises Inc, you agree to being bond to the conditions and agreements presented in our Privacy Policy and Terms of Use, collectively known as the “Agreement”. If you do not agree to the conditions presented, you should leave the site now.

Translation

This agreement was originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Terms and Phrases

The terms “you,” “your,” and “yours” refer to you, the visitor to the site. The terms “TCH Enterprises,” “The Chipka House,” “me,” “we,” “us,” and “our” refers to TCH Enterprises Inc and Avery Z Chipka.

What Personal Information do we Collect

When you create an account or make a purchase through one of our sites we collect certain personal information to complete our agreement with you. This information includes: Your full name, business you are associated with, mail address, phone number, email address, contact preferences and credit card information. When you make a purchase for someone else we also collect there names, mailing address, email address and phone number.

During the account creation process you are also able to provide your date of birth, personal website URL, social media accounts and create a personal profile. When this information is provided it is stored by our system.

Through different social media accounts you have established and other information you have provided about yourself on the internet we may also collect: gender, age, personal interests, frequency of use, and other information you have shared on social media services such as facebook, twitter, linkedin and similar services. This information is provided to us through third party services and is subject to the Terms of Use you agreed to with the different social media services you participate in.

What Non-Personal Information do we Collect

In addition to the personal information noted above, we collect a large amount of non-personal information. Non-personal information is information about how you access our site but is not tied to you as an individual. This may include information such as your occupation, primary language, zip code, area code, referrer URL, search words you used in a search engine to reach us, Geographic area and time zone you accessed our content from.

We also collect information about the machine or device you used to access our content. This includes the browser you use, the operating system running on your device, resolution of your display, your internet service provider, speed of your internet connection, and the general of your mobile device.

Use of Cookies

TCH Enterprises websites, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

You as an individual have the ability to disable “cookies” in your browser, but doing so may reduce the functionality of your experience with our site. Cookies provided by TCH Enterprises do not track your activity outside of our website.

Use of Third Party Services

TCH Enterprises uses a number of different 3rd party services to obtain information about our visitors and our visitors habits. The largest 3rd party we utilize for the collection of information about the visitors to our websites is Google. Google Analytics coding is embedded into every page we manage, and provides us with the majority of the information listed above. Users who do not wish to have information collected by Google Analytics may install the Google Analytics Opt-Out Browser Add-on available for download by clicking here. Using this add-on for your browser will not only result in TCH Enterprises not collecting information about you but also the more than 30,000,000 other sites that use the same means of obtaining information about there visitors.

TCH also utilizes “JetPack” through WordPress, to collect information about our visitors on sites that utilize the WordPress Content Management System.

Distribution of Information to 3rd Parties

At times TCH Enterprises may make certain personal information available to strategic partners that work with us to provide products and services, or that help us market to customers. Personal information will only be shared by us to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.

Distribution of Information to Law Enforcement and Government Organizations

In accordance with US Federal Law, we disclose account records and data stored by our solely in accordance with our terms of use and applicable federal and state laws, including the federal Stored Communications Act (“SCA”), 18 U.S.C. Sections 2701-2712. Under US Law:

  • A valid subpoena issued in connection with an official criminal investigation is required to compel the disclosure of basic subscriber records (defined in 18 U.S.C. Section 2703(c)(2)), which may include: name, length of service, credit card information, email address(es), and a recent login/logout IP address(es), if available.
  • A court order issued under 18 U.S.C. Section 2703(d) is required to compel the disclosure of certain records or other information pertaining to the account, not including contents of communications, which may include message headers and IP addresses, in addition to the basic infromational records identified above.
  • A search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures upon a showing of probable cause is required to compel the disclosure of the stored contents.
  • We interpret the national security letter provision as applied to TCH to require the production of only 2 categories of information: user registration records and the date of registration.

Requests for information by international agencies must include a mutual legal assistance treaty request or letter of rogatory.

In the event that TCH receives a request for information to be disclosed about an individual who has accessed our sites or services, our policy is to notify the individual of the request for their information prior to its disclosure unless we are prohibited by law from doing so or in exceptional circumstances, such as child exploitation cases, emergencies or when notice would be counterproductive. We will provide delayed notice upon expiration of a specific non-disclosure period in a court order and where we have a good faith belief that exceptional circumstances no longer exist and we are not otherwise prohibited by law from doing so. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited. If your data request draws attention to an ongoing violation of our terms of use, we will take action to prevent further abuse, including actions that may notify the user that we are aware of their misconduct.

Your Access to Personal Information

Upon receiving a request by you we will provide you with copies of all personal information we have on file about you. This does not include information considered to be non-personal in nature. All requests must be submitted to [email protected]. Your request must include your full name, address, date of birth, and copy of non-expired government identification. Following your request if we have information on file about you, we will verify you are the individual you present yourself to be prior to releasing any information. Verification at minimum will include your email communications being signed by a verified personal identity digital signature or certificate. We will not transmit copies of our files through non-encrypted means. Individuals who lack personal encryption keys will be provided with copies via US Mail, and will be responsible for the cost of production and shipping.

Do Not Track

We do not track our visitors over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites,

Third parties that have content embedded on our websites such as a social feature or a stock ticker may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific website from a certain IP address. Third parties cannot collect any other personally identifiable information from TCH’s websites unless you provide it to them directly.

Notice to Minors about Privacy

Our terms of service, specifically state that access to our website to not permitted by users under the age of 21, as such we are not subject to the terms and conditions of privacy of minors. Individuals who learn of a minor who has created an account on one of our websites should email [email protected] so we can remove the account and block continued access to our site.

If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to delete the information as soon as possible.

Disclaimer of Warranties

Your use of the site and its content is at your sole risk. While we do everything in our power to keep your information private we make no claim and provide no warranty against the release of the information we collect. No advice or information, whether oral or written, obtained by you from TCH Enterprises or through or from the site will create any warranty not expressly stated in this agreement. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.

Limitation of Liability

TCH Enterprises will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if applied materials has been advised of the possibility of these damages), resulting from your use of the site and site content. Under no circumstances will TCH Enterprises’s total liability of all kinds arising out of or related to your use of the site or site content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the one hundred dollars ($100). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnity

You will indemnify and hold TCH Enterprises, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the site or site Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of the site or site Content.

Updates to this Site and Privacy Polices

We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the site without notice, including services provided through the site. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or services provided from it. We may occasionally update our privacy polcy, and when we do, we will revise the “last updated” date. You should check this site and this document Terms of Use frequently to see recent changes. This version of the Privacy Policy shall supersede all earlier versions.

Legal Notices

Enforcement of this agreement will be governed by Vermont law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the site will lie in the State and Federal courts located in the State of Vermont, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of TCH Enterprises to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by TCH Enterprises in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. You agree that your continued use of the site after such changes have been published to the site shall constitute your acceptance of such revised Terms of Use.

This site uses "tracking cookies" on your computer to deliver the best experience possible. To learn how these cookies are used please review our Privacy Policies by clicking here. Your continued use of this site indicates you have read and agree to our Terms of Use and Privacy Policies, collectively known as "the agreement". If you do not agree to this agreement or are not authorized to utilize the site because of the conditions of the agreement. Please close your browser now. This notice will be provided once every seven calendar days.
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