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Privacy Policy/Terms of Service

This Privacy Policy hereby incorporates by reference all terms, conditions rules, policies and guidelines on The Gerson Companies Site, including The Gerson Companies Terms of Service (“Terms of Service”). Capitalized terms not defined in this Privacy Policy are defined in the Terms of Service. This Privacy Policy is effective as of April 12, 2010. Your use or continued use of the Site (as defined below) after such time will signify your acceptance of this Privacy Policy. We reserve the right to modify the provisions in this Privacy Policy without prior notice to you, so please check back often for updates.

The Gerson Companies, Inc. (“The Gerson Companies“, “us” or “we“) respects the privacy of the visitors to its Web site, the home page of which is located at http://www.GersonCompany.com (“Site“). This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use and disclosure of Personal Information and Anonymous Information you submit to us through our Site. This Privacy Policy is hereby incorporated in our Terms of Service Agreement, and by registering for use of our website you accept the terms of this Privacy Policy. This Privacy Policy applies only to Users; “Personal Information” is information about you or your company, that is personally identifiable to you, like your name, address, email address or phone number, as well as other non-public information that is associated with the foregoing.

By submitting Personal Information through the Site, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy. Your Personal Information may be processed by The Gerson Companies in the country where it was collected, as well as other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country.

NOTIFICATION OF CHANGES

We may update this Privacy Policy from time to time as our Services change and expand. This policy will always be available to view under Policies . The notification of revised terms will appear on the website 30 days prior to the changes taking place. Once any changes that we make to this Privacy Policy become effective, your continued use of the Site after such time will signify your acceptance of the new terms.

THIS SITE CONTAINS LINKS TO OTHER SITES

The Gerson Companies is not responsible for the privacy practices or the content of any other websites to which the Site links or to which link to the Site. By clicking on a link, logo or other item, or using certain services available on the Site, including the online communication services, please note that you may no longer be on the The Gerson Companies Site. To check what Internet location you are on, note the URL at the top and/or bottom of your browser. We encourage you to read the posted privacy statement of that website whenever interacting with any website.

USER ACCOUNTS

This area of the Site is for the benefit of Users. The private and shared Workspace areas of the Site facilitate communication and the exchange and sharing of information between Customer, Sales Representatives, and the Company. The information contained in private user account shared between Sales Representatives and Customers is not used for any purposes other than to facilitate communication and the exchange of information between the parties involved. The Gerson Companies reserves the right to monitor communications in the user account section in order to verify compliance with our Terms of Service, international, federal or state laws and/or our other stated policies.

INFORMATION WE GATHER

Registration

If you register to buy products both branded and not using The Gerson Companies website, we collect and store Personal Information that specifically identifies you or your Account. At this time, the most information you would be required to submit is your first name, last name, User ID, password, preferred currency, street address, city, state, zip/postal code, country, phone number, email address and valid financial Account information. Other information requested on our Registration page, including the ability to receive promotional offers from The Gerson Companies, is optional. We may, in the future, include other optional requests for information from you to help us to tailor the Site for you and deliver personalized information to you. Without your agreement, we will not share, rent or sell any personal information with third parties in any way other than what is disclosed in this privacy statement. Credit card information is transmitted via SSL (“Secure Socket Layer”) encryption for your protection.

Online Surveys and Contests

Occasionally, The Gerson Companies conducts a User survey to collect information about our Users’ preferences. These surveys are optional and if you choose to respond, your responses will be kept anonymous. Similarly, we may offer contests to qualifying Users in which we ask for contact and demographic information such as name, email address and mailing address. None of this information is shared with third parties, except in summary form, if at all. The demographic information that The Gerson Companies collects in the registration process and through surveys is used to help us improve our Services to meet the needs and preferences of our Users. This may include targeting advertising to you about our Services. Information we gather through a contest may also be disclosed to third parties as necessary for prize fulfillment and other aspects of any contest or similar offering.

The Gerson Companies Payment System

The Gerson Companies Payment Service requires Members to pay with a credit card, wire transfer, ACH or debit card or account terms. The Gerson Companies will collect your credit card number and/or other entered financial institution information such as credit card/account numbers and will use that information to bill your Orders as requesting including shipping to perform the billing operation on behalf of The Gerson Companies, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the Authentication process.

Service providers and Agents

We use credit card and other payment processing companies to bill you for goods and services and email marketing basis to send emails from The Gerson Companies to opt-in users. We will share your personal information as necessary for third parties to provide these services. These companies do not retain, share, store or use personally identifiable information for any other purposes.

Automatically Gathered Information

The Gerson Companies automatically collects browser type and browser software version to tailor the presentation of the Site and the Services to the Account and to maintain a record of the User’s or Visitor’s activity on the Site. As an automatic process, our Web server software records a log file of IP addresses that access the Site. We also collect IP address information but do not ordinarily link IP addresses to Users’ Personal Information. However, we can and will use IP addresses to identify a User when we, in our sole discretion, determine that it is necessary to enforce compliance with our Terms and Conditions of Use or to protect our service, Site, customers or others. When you use the Site, The Gerson Companies collects information about your Account transactions and The Gerson Companies may collect information about your computer for fraud prevention purposes. Finally, The Gerson Companies may collect additional information from or about you in other ways not specifically described here. For example, The Gerson Companies may collect information related to your contact with The Gerson Companies Customer Service or store results when you respond to a survey.

Cookies

When you use the Site, The Gerson Companies or our contractors may place small data files called cookies on your computer. The Gerson Companies uses cookies to enable Users to specify unique preferences and to track Visitor and User use of the site, including trends and patterns. The Gerson Companies sends a session cookie to your computer when you log in to your Account. This type of cookie helps if you visit multiple pages on the Site during the same session, so that you don’t need to enter your password on each page. Once you log out or close your browser, this cookie expires. The Gerson Companies also uses longer-lasting cookies for other purposes such as to display your project related information. The Gerson Companies encodes our cookies so that only we can interpret the information stored in them. Users and Visitors always have the option of disabling cookies via their browser preferences. If you disable cookies on your browser, please note that some parts of our Site may not function as effectively or may be considerably slower.

Public Information

As part of registration, you may set up a Profile describing your experience and qualifications. After becoming a member, in order to place bids, you must create a Profile, and in order to create a Profile, you will be required to provide some information about your company or business. If you decide to offer a service, potential clients may review your Profile to help them decide whether to make a bid on your service. Information in your Profile is available for any other registered User to access. We will not have any obligation under this Privacy Policy with respect to information in your Profile or information you voluntarily provide to other Users via the Site.

HOW WE USE AND DISCLOSE INFORMATION

Registration Information

We use Personal Information for our own internal purposes including contacting you via email to inform you about updates to our Services and providing you with information relating to e-commerce transactions that you conduct on the Site. We reserve the right to disclose your information as required by law. We do not rent or sell our Users’ Personal Information to third parties. We do, however, provide you with the opportunity to receive newsletters via email. If you decide to opt in to receive newsletters, you may opt out of receiving these newsletters at any time by clicking on your Preferences and choosing Email Notifications to Unsubscribe.

Advertising

We may send you email communications including information that we think may be of interest to you. You may opt out of receiving these email communications either when you register to become a Member or via the unsubscribe section of any marketing area. We do not send any of your Personal Information to any advertisers.

The Gerson Companies Contractors

To the extent necessary to provide you with the services on the Site, we may provide your Personal Information to third party contractors who work on behalf of or with The Gerson Companies to provide you with such services, to help us communicate with you or to maintain the Site. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Site, including the providers of online communications services, will have rights to use and disclose the Personal Information collected in connection with the provision of these services in accordance with their own privacy policies.

Legal Requests

The Gerson Companies cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud, theft, harassment and other rights. We can (and you authorize us to) disclose any information about you, including the content of your online communications, if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) protect or defend the rights or property of The Gerson Companies or third parties; (c) assist in an investigation; or (d) respond to an emergency that poses a threat to the safety of Users or other persons. All legal aspects of our company shall be governed by The State of Kansas, any legal action shall be held under it’s jurisdiction.

Affiliates

Although we currently do not have a parent company, any subsidiaries, joint ventures or other companies under a common control (collectively, “Affiliates”), we may in the future. We may share some or all of your Personal Information with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.

Business Transaction

If our company or our assets related to the Site are acquired by another company, we will attempt to notify you so that you may make an informed decision about this new use of your personal information. See the “Notification of Changes” section above to find out how we will notify you.

Anonymous Information

We may create Anonymous Information records from Personal Information by excluding information (such as names) that make the information personally identifiable to you. We may use this Anonymous Information to analyze inquiry, request and usage patterns so that we may enhance Services and the Site. We reserve the right to use and disclose Anonymous Information to third parties in our discretion. “Anonymous Information” means information that is not associated with or linked to your Personal Information; Anonymous Information does not permit the identification of individual persons.

Comments Submitted by Users

The Gerson Companies constantly seeks to improve the quality of the services we provide and the User experience on the Site. We value your input and encourage you to help us expand and make improvements to the Site by providing us with any thoughts or comments you might have regarding our services or the operation of the Site. You can submit any comments you have to us by clicking on the link “Contact Us” at the top of most of the pages on the Site. The “Contact Us” page asks for your email address. If you provide this information, we will only use it to acknowledge or respond to your comments. Submitting comments via email will not cause you to receive any secondary or promotional material, unless specifically requested by you. In certain circumstances, we may ask for your permission to post your comments in marketing or promotional materials.

Security

We will use commercially reasonable methods to keep Personal Information securely in our files and systems. Our Payment System is operated using secure Internet connections, using SSL (Secure Sockets Layer) encryption, to help protect your financial data. Please note that with current technology, we cannot guarantee the security of your data as it travels over the Internet.

Regarding Children

We do not intentionally gather personal information about visitors who are under the age of 13.

Terminating Your Membership

We save your Personal Information until your membership with us is terminated by you or us and you unsubscribe to email notifications. To terminate your membership, contact Customer Support. If you terminate your membership, your Personal Information cannot be recovered. You may continue to receive email communications for a short period of time until we have updated all of our databases. After termination of your membership, your Personal Information may remain on our archived database and records. Notwithstanding the above, we will maintain information on Users who have been removed for violating our Membership and or Branded Account Agreement.

Correcting/Updating Your Information and Opting Out

For other requests, please contact Customer Support.

Book And Buy Policies (Form 1450.1)

NOTE: These orders are NON-CANCELABLE after each deadline date.

Our purchase orders to the Asian factories are placed immediately after the cut-off date, so cancellations cannot be accepted for any reason, including late delivery by Gerson. Our goal is to receive and ship orders complete and on time, however situations arise beyond our control which may delay shipment of the order in part or in whole past your requested ship date. This does not give you the right to cancel your order in part or whole. Gerson reserves the right, in its sole discretion, to not ship specific merchandise if Gerson deems it too late for the specific intended holiday. Gerson canceling shipment of specific merchandise for any reason does not change any of the terms of the purchase order agreement or constitute a waiver by Gerson of any of the cancellation provisions of the purchase order agreement, especially relative to any additional merchandise still to ship on the remaining open order. Placement of this order constitutes your agreement with these terms.

Payment terms are contingent on timely payment in full of all of customer’s previous orders with The Gerson Company and any of its divisions. Any delinquencies on previous orders will require payment of the current order before delivery of the goods to customer. In the event pre-payment is required by these terms, failure to pay by the time originally designated herein for delivery of the goods constitutes a breach by customer of this purchase agreement.

IF YOUR BILL IS NOT PAID ACCORDING TO THE PAYMENT TERMS STATED HEREIN AND IT BECOMES NECESSARY TO USE COLLECTION PROCEDURES, YOU AGREE TO PAY AND WILL BE CHARGED FOR ANY AND ALL COLLECTION FEES INCLUDING ALL REASONABLE ATTORNEY FEES. ANY INVOICES NOT PAID WITHIN THE STATED PAYMENT TERMS ARE SUBJECT TO A MONTHLY INTEREST CHARGE OF 1.5% PER MONTH APPLIED TO THE TOTAL AMOUNT PAST DUE. THIS AGREEMENT IS GOVERNED BY KANSAS LAW AND YOU AGREE THAT ALL ACTIONS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LITIGATED IN A COURT HAVING SITUS IN JOHNSON COUNTY, KANSAS.

FOR CLAIMS OF $150 OR MORE FOR A SINGLE ITEM(S), WE NEED A PHOTO OF THE DEFECTIVE PROBLEM TO PROCESS THE CLAIM – OUR FACTORIES REQUIRE IT FOR OUR CLAIM TO THEM. If any shipment is refused by a customer in violation of our NON-CANCELABLE order policy defined herein, we will charge that customer a 20% restocking fee.

Gerson reserves the right to increase prices without prior notification due to any potential economic issues including but not limited to price increases from overseas manufacturers.

 

POLICIES AS SEEN ON THE CUSTOMER APPLICATION

Applicant agrees that extension of credit by The Gerson Companies (“Seller”) shall be subject to and in consideration of the following terms and conditions:

  1. Payment of all amounts due, as evidenced by invoices from Seller, shall be made not later than the due date as indicated on each invoice (the “Due Date”) under the heading “Terms”. Amount will be deemed “in default” unless Seller receives payment on or before the Due Date. Exceptions, if any, will be indicated on the invoice.
  2. Amounts in default under terms as indicated in item one above will be charged interest at 1½% per month or the maximum rate allowed by law in the Applicant’s state shown above, whichever is less. Interest will accrue from and after the first day the balance is in default.
  3. If Seller assigns the account to a licensed collection agency or attorney for legal action, all subsequent collection charges and legal fees shall be paid by the Applicant. Applicant agrees that one-third (1/3) of the outstanding balance due including interest, shall be deemed a reasonable attorney’s fee and/or collection cost.
  4. Applicant understands that Seller will make its usual credit investigation, and authorizes Applicant’s bank to release information as desired by Seller. The undersigned EXPRESSLY CONSENTS to Seller requesting and obtaining any credit bureau reports, D & B reports or the like, in connection with granting, extending, reviewing or authorizing credit and/or collection of any amounts form Applicant.
  5. The undersigned agrees that all credit extended shall be deemed subject to the terms herein agreed to. All terms contained herein shall supersede and control in the event of conflict with any other documents, including but not limited to Order forms and Purchase Orders. Seller’s Order form may contain additional terms which shall be considered part of this agreement.
  6. Applicant hereby waives any defense of lack of authority to place any order Seller receives that appears to be from Applicant. Applicant agrees and authorizes any order placed from and shipped to Applicant’s business or Applicant’s customer. Applicant agrees to pay Seller without limitation or defense with respect to the authority of the person placing the order.
  7. Claims of Damage or Defect for $150 or more require Applicant to submit a photograph of the defect and/or damage before Seller will process any claim to comply with factory requirements.
  8. The laws of the State of Kansas shall govern all terms of this agreement. The undersigned hereby consents to venue and jurisdiction in Johnson County, Kansas. ALL PARTIES HERETO EXPRESSLY WAIVE TRIAL BY JURY IN ANY LITIGATION RELATED TO OR ARISING OUT OF THIS AGREEMENT. Regardless of any terms in any purchase order submitted by Applicant for the purchase of any goods from Seller following the date of the Application, Applicant agrees that the terms of this Application shall control, except upon written modification signed by both parties.
  9. The GG Collection is not to be sold through internet only businesses, EBay Stores or other auction sites. All online GG Collection sellers agree to market this line at a price that is not below Keystone of GG’s published wholesale dealer prices.

CONTACTING US

If you wish to report a violation of the Terms of Service, have any questions or need assistance, please Contact: The Gerson Companies Customer Support as follows:

Email: gersoncs@gersoncompany.com

Phone: (Mon-Fri, 8 a.m. – 5 p.m. CentralTime): 1-800-444-8172 press 6 for Customer Service

 

Important Dates:

Olathe Showroom Opens (Fall/Holiday): December 5, 2016
Atlanta Mini-Market:
March 8-10, 2017
Las Vegas ASD Market:
March 19-22, 2017
Dallas Mini-Market:
March 22-25, 2017