Privacy Policy

TERMS OF USE

NHS, Inc., (hereinafter “NHS” and “We”), provides its websites, including those accessible at www.nhs-inc.com and www.nhsfunfactory.com, (individually and collectively, the “Website”) to consumer users (hereinafter “You” and “Your”) subject to the following Terms of Use which govern your use of the Website (the "Agreement"). 

NHS does not sell or share your Personal Data with third parties except for use across the NHS websites process and enhance your experience.  We value your privacy.  Your use of the Website constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any NHS websites. If you do not agree to these terms, please do not use the NHS Fun Factory, or any NHS websites.

BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY PROVIDING SUBMISSIONS TO NHS THROUGH THE WEBSITE, YOU ARE AGREEING TO THE TERMS OF USE AND PRIVACY POLICY. IN ADDITION, WHEN USING PARTICULAR PARTS OF THE WEBSITE SUCH AS SHOPPING, FORUMS, WATCHING VIDEOS, OR BLOGS, YOU AGREE TO ABIDE BY ALL EXPRESSLY STATED GUIDELINES FOR THOSE SERVICES. SHOULD YOU OBJECT TO ANY PART OF THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITE OR PROVIDE SUBMISSIONS TO NHS.

Ownership of Website Content

The Website is protected by copyright and intellectual property rights laws and treaties. The Website and its contents are intended solely for personal, non-commercial use.  You may not solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, or collect or store personal data about other users of the Website.  No right, title or interest in any downloaded content is transferred to you as a result of any downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Website or its contents unless you have the express prior written permission of NHS.

Submissions of User Content

You are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to NHS on or through the Website (“Submissions”), including User Content Submissions from third party websites including Instagram, Twitter, Facebook, Vine, Pinterest and Google+, associated with hashtags related to NHS including, for example, #santacruzskateboards and #independenttruckcompany. Such User Content Submissions may be used on the Website and on other NHS products or marketing materials including emails, social media and store signage.

You may only make a Submission if you are 18 years of age or over. If your Submission is selected by NHS to be used, it may be displayed for other users to see, together with your and associated Instagram, Twitter, Facebook, Snap Chat or Vine (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, and reserve the right, at its our sole discretion, to edit any Submission and to choose to utilize such Submission or portion thereof on the Website or in any other manner. You irrevocably waive any "moral rights" or other rights with respect to attribution of authorship of any Submission or portion thereof.  All Submissions are non-confidential and will be treated as non-proprietary, except as specifically set forth herein. By making a Submission you represent and warrant that you have the right to grant, and do grant, NHS, a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission or portion thereof, as well as your , Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge your Submission will not be returned, and we may use your Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses and rights granted in this Agreement, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Use for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third-party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google's Terms of Use.

You further represent and warrant that your Submissions do not constitute or contain software viruses, malicious code commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submission. You expressly agree to indemnify NHS for all claims arising from or in connection with use of any Submission and any breach by you of any of these Terms of Use or applicable laws. You agree that NHS shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.

The Website may include the opinions, statements and other content of third parties and any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of NHS, Inc., including its licensors and/or vendors, and NHS, Inc. does not expressly or impliedly endorse any such opinions, statements, or materials.

Feedback and User Content

Any questions, comments, suggestions, or other information about NHS products or services submitted to NHS through the Website (“Feedback”) shall be deemed non-confidential and non-proprietary. NHS is free to use, reproduce, disclose and distribute such Feedback in any manner without limitation.  NHS is not responsible for Feedback made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that NHS does not pre-screen or approve Feedback and User Content, but that NHS shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.  You agree that you must evaluate, and bear all risks associated with, the use of or reliance on any Feedback and User Content. Under no circumstances will NHS be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available.

User Conduct

You agree not to transmit or make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sex, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a NHS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to NHS users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our Website infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to NHS, Inc. computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.

Establishing an Account

The Website is not intended to be used by children under the age of 13 and children under the age of 13 are not to submit any personally identifying information through the Website. In addition, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account Or Password Shall Be Your Responsibility.

Availability Of Products, Services, Features and Content

All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. We reserve the right to refuse any order you place with us and may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made.

External Sites

The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that NHS is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Copyright and Trademark

NHS trademarks displayed on this Website are trademarks or registered trademarks of NHS and its affiliated companies in the United States and internationally (including but not limited to the NHS name, the SANTA CRUZ CLASSIC DOT logo, the INDEPENDENT TRUCK COMPANY logo, and other logos). All trademarks used by NHS but not owned by NHS are used by permission and are the sole property of their respective owners. All unauthorized use trademarks displayed on this Website is prohibited.

This Website is protected under copyright law and all rights are reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the NHS agent for notice of claims of copyright infringement ("Legal Department"), at trademarks@nhs-inc.com or: Legal Department, c/o NHS, Inc., 104 Bronson Street, #9, Santa Cruz, California 95062.  You must provide our Legal Department with the following Notice:

  1. Identify the material on the Website that you claim is infringing, with enough detail so that NHS may locate it on the Website; 2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; 4. Your address, telephone number, and email address; and 5. Your physical or electronic signature.

If valid, NHS will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Governing Law

To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising from these Terms of Use will be governed by and construed in accordance with the State of California, without regard to its choice of law provisions. Any claim or dispute arising out of or relating to our products and services, these Terms of Use, the Privacy Policy or your use of the Website shall be subject to the exclusive jurisdiction of state or federal courts in Santa Cruz County, in the State of California and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms of Use is held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement between you and NHS with respect to the subject matter of the Terms of Use and Privacy Policy.

Contact

If you have any questions about these Terms of Use or NHS Websites, please contact Customer Service at 800-543-7979 or email us at customerservice@nhs-inc.com.

 

 

PRIVACY POLICY

We use your data to provide and improve your experience using the Website. By using the Service, you agree to the collection and use of information in accordance with this Agreement.

Definitions

The following definitions apply to this Privacy Policy:

Service. Service is the NHS websites operated by NHS., Inc., including those accessible at www.nhs-inc.com and www.nhsfunfactory..

Personal Data. Personal Data means data about a person who can be identified from those data (or from those data and other information either in our possession or likely to come into our possession).

Usage Data. Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies. Cookies are small pieces of data stored on your computer or mobile device.

Data Controller. Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.  For the purpose of this Privacy Policy, NHS, Inc. is a Data Controller of your Personal Data.

Data Processors (or Service Providers). Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to carry out purchases and to process your data more effectively.

Data Subject (or User). Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.  While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to: Email address, first and last name, phone number, address, third party profile (twitter, instagram, etc.) information.

Cookies and Usage Data

We may use your Personal Data to contact you with marketing or promotional materials and other information that may be of interest to you. You may of receiving marketing and/or promotional communications from us by following the unsubscribe link or instructions provided in any email we send.

We may also collect information how the Service is accessed and used ("Usage Data")  including information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer or device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. .

Use and Retention of Data

NHS does not sell or share your Personal Data with third parties except for use across the NHS Service and Websites to process and enhance your experience and to provide and maintain our Service, to notify you about changes to our Service, to allow you to participate in interactive features of our Service when you choose to do so, to provide customer support, to gather analysis or valuable information so that we can improve our Service, to monitor the usage of our Service, to detect, prevent and address technical issues and to provide you with news, offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or engaged in unless you have opted not to receive such information

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with legal obligations resolve disputes, to enforce our policies and for internal analysis purposes.

Information, including Personal Data, may be transferred and maintained on computers located outside of your state, country or other governmental jurisdiction where the data protection laws may differ.  If you are located outside United States and choose to provide information to us, please note that we transfer and process the data, including Personal Data, to United States. NHS will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

NHS may disclose your Personal Data in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend the rights or property of NHS or its customers, prevent or investigate wrongdoing in connection with the Service, protect the personal safety of users of the Service or the public and to protect against legal liability.

Security of your data is important to us.  However, no method of transmission or electronic storage is 100% secure. While we use commercially reasonable means to protect your Personal Data, we cannot guarantee its absolute security.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Third Party Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service and perform Service-related services or to assist us in analyzing how our Service is used and to monitor and analyze the use of our Service. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.  We use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card . That information is provided directly to our third-party payment processor whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. The payment processors we work with are:

Authorize.net

Their privacy policy can be viewed here: https://www.authorize.net/company/privacy/

PayPal

Their privacy policy can be viewed here: https://www.paypal.com/us/webapps/mpp/ua/privacy-full

ApplePay

Their privacy policy can be viewed here: https://support.apple.com/en-us/HT203027

Children

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.  You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact

If you have any questions about this Privacy Policy, please contact Customer Service at 800-543-7979 or email us at customerservice@nhs-inc.com.

 

GENERAL DATA PROTECTION REGULATION (GDPR)

If you are from the European Economic Area (EEA), the legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data and the specific context in which we collect it. NHS may process your Personal Data because: We are performing a contract with you, or you have given us permission to do so, or the it is in our legitimate and reasonable interests and it's not overridden by your rights or for payment processing purposes.

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.  Under the GDPR, you have the following data protection rights:

Access, update or to delete. Whenever reasonably possible, you can access, update or request deletion of your Personal Data.

Rectification.  You can have your information rectified, completed or corrected if that information is inaccurate or incomplete.

Object.  You can object to our processing of your Personal Data.

Restriction.  You can restrict the processing of your personal information.

Data portability.  You request to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

Withdraw consent.  You can withdraw your consent at any time where we have your consent to process your personal information.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

If you wish to exercise a GDPR right, to be informed what Personal Data we hold about you and if you want Personal Data to be removed from our systems or want Personal Data to be corrected or changed please contact us as indicated below. Please note that we may ask you to verify your identity before responding to such requests.

To make a GDPR request or inquiry please contact us:

The GDPR rights and obligations identified herein are specific and exclusive to users from the European Economic Area (EEA).  However, where commercially reasonable, and at the sole discretion of NHS, these rights and obligations may be provided and applied to other users.

Contact

If you have any questions about this GDPR policy or rights please contact Customer Service at 800-543-7979 or email us at customerservice@nhs-inc.com.