This Privacy Notice describes the information collection, use, retention, and sharing practices of gina (“gina”, “we”, “us”, “our”) when you interact with us through our website, www.getgina.com (the “Website”), or through the provision of our products and services (collectively, the “Services”).
As used in this Privacy Notice, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person.
PERSONAL INFORMATION WE COLLECT AND WHY
We collect personal information as you engage with our Services.
▪ Contact us via the Website. When you contact us through the Website, for example, to submit questions regarding our Services, we collect, from you, your personal identifiers (first and last name, email address, and telephone number). We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, provide Services, and address any issues you have with the Services.
▪ Create a customer account. When you create a customer account (“Account”) to make purchases and utilize our Services, we collect, from you, your personal identifiers (first and last name, account ID, email address, telephone number, physical address, and date of birth). When you create an Account, you can set up a product subscription that auto-renews at your selected interval (e.g., every three months). We use your account information to manage your subscription preferences and process recurring orders.
▪ Make a purchase. When you make a purchase on our Website, we collect, from you or from our third-party payment processor, your personal identifiers (first and last name, email address, telephone number, physical address, and date of birth (if provided) and your sensitive financial information (credit or debit card number, CVV, and expiration date)). We use this information to process your payment for the requested Services, fulfill and manage purchases, orders, payments, and returns or exchanges. If you choose to opt-in to our email list, we will send you company news and other related product or service information that may be of interest to you. You can opt-out of email marketing communications at any time by clicking on the “unsubscribe” link included in the email you receive from us. Please note, we will continue to send you messages that are necessary to perform the Services.
▪ Contact customer support or wellness coaching. Gina provides customer support through the Website and through nurse practitioners listed on the Website whom customers may contact with questions about the Services and to receive general wellness coaching. When you contact customer support, we collect, from you, your personal identifiers (name, email address, and phone number (if provided)) and any additional information you choose to include in your message. We use this information to respond to your questions or inquiries and to troubleshoot where necessary.
▪ Interact with our AI chatbot. We offer an AI chatbot, Gorgias AI, as an FAQ tool for customers. Gorgias AI is fed information on our products to help triage general questions about product use; it does not handle payment information or provide medical advice. When you interact with our AI chatbot, we collect, from you, your internet or other electronic network activity information (location, IP address, device identifiers) and any additional information you choose to provide in the chat. We use this information to respond to your questions or inquiries and troubleshoot where necessary.
▪ Submit a product review. We use Yotpo, a third-party reviews and loyalty program application integrated with our Website, to collect and display customer reviews. When you submit a review, we collect, from you or from Yotpo, your personal identifiers (name or username, email address) and the content of your review describing your experience with the product. We use this information to display reviews on our Website, improve our products and services, and administer any loyalty or rewards programs. Your review content may be publicly displayed on the Website.
▪ Sign up for email communication. When you sign up for emails on our Website, we collect, from you, your personal identifiers (first and last name, email address). We use this information to send you periodic updates about new products, product updates, and features. You may revoke your consent at any time with effect moving forward by clicking the “unsubscribe” link included with each email. Our emails contain tracking technologies, to analyze whether a predefined action took place by a recipient, such as opening our emails and other engagement metrics such as timestamps, delivery status, click rate (of links within an email), bounce rate, and reply rate. We also use these metrics to better adapt and distribute our emails, as well as to identify top engaged email recipients. When you sign up to receive emails on our website, you will be automatically opted-in to the use of these technologies.
▪ Opt in to receive SMS communications. We collect mobile phone numbers to send transactional and marketing SMS messages. By submitting your mobile number specifically for SMS messages, you agree to receive automated text messages from gina. Consent is not a condition of purchase. You can opt out at any time by replying STOP to any text message and can reply HELP for help. Message and data rates may apply. Message frequency varies. We do not share text messaging originator opt-in data and consent information with any third parties, except service providers that assist us in the delivery of text messages.
▪ Interact with us on social media. When you interact with our social media pages on social networking websites, such as Facebook, Instagram, TikTok, LinkedIn, and YouTube (each a “Social Media Page”) (collectively “Social Media Pages”), we collect basic engagement metrics and use it to tailor content and marketing and use it to improve user experience as set forth in this section. Please note that we do not control the use or storage of the information that you have posted to any social networking websites. This information is collected and processed by the social networking websites for their own purposes, including marketing. For more information on how Facebook, Instagram, TikTok, LinkedIn, and YouTube use your personal information, please see Facebook’s Privacy Policy, Instagram’s Privacy Policy, TikTok’s Privacy Policy, LinkedIn’s Privacy Policy, and YouTube’s Privacy Policy.
▪ Social Media Pages. When interacting with our Social Media Pages, we collect, from you, your personal identifiers (first and last name and profile picture) as well as any = information that you provide when
interacting with our Social Media Pages (e.g. commenting, sharing, and rating).
We use this information to advertise our services and to communicate with users
via the contribution and comment function. Because our Social Media Pages are publicly accessible, when you use them to interact with other users, for example by posting, leaving comments, or liking or sharing posts, any personal information that you post in them or provide when registering can be viewed by others or used by them as they see fit. The content posted on our Social Media Pages or other public areas of social networking websites can be deleted in the same way as other content that you have created. If at any time you want content posted to be deleted, please email your request to support@getgina.com.
▪ Community Management. We collect, from you, your contact, including "likes", shares, messages and other interactions with the content, in order to analyze and evaluate how our content is perceived, to learn from it, and to improve our public relations efforts.
▪ Page Insights. When you visit our Social Media Pages, the applicable social network records your IP address and other information about your usage behavior on the Social Media Page. The social network collects this information through trackers in the browser of your device or via the advertising ID (IDFA from Apple or GAID from Google), when you open the social network app through your mobile device (e.g., smartphone or tablet). The social network uses this information to provide us with statistical evaluations of the use of our Social Media Page. We receive this information directly from the social network, in the form of aggregated data and anonymous statistics regarding certain data points, such as: age; gender; city/country; device; inquiries from fans about other Social Media Pages; region and language settings of the users; proportion of men and women; the number of people reached; clicks on posts, "likes” and reactions; comments and shared content; and total video views. We use this information to analyze and improve the advertising campaigns we conduct through our Social Media Pages. We do not collect or process any other personal information in connection with social network “Page Insights” functions.
We do not retain this information independently. For information on data protection and the storage period on the social network in relation to its Page Insights function, see the privacy policy linked for the particular social network above under “Interact with us on social media”. Each social network is contractually obligated to provide you with information about the processing for Page Insights.
▪ Information Processed Solely by Facebook. We do not know how Facebook uses personal information for its own purposes, how long the personal information is stored on Facebook or whether Facebook data is passed on to third parties. If you are currently logged in to Facebook as a user, Facebook automatically collects, through trackers on your device, your Facebook ID or a link between the Facebook ID and the advertising ID (IDFA from Apple or GAID from Google) when you open the Facebook app through your mobile device (e.g. smartphone or tablet). This enables Facebook to understand that you have visited our Facebook Social Media Page along with other Facebook pages that you have clicked on, whether you clicked on Facebook buttons integrated into websites that partner with Facebook, and other online interactions that report user data to Facebook. Based on this data, content or advertising tailored to you can be offered. You can find more information about the personal information collected by Facebook, how it is used and how long it is stored by visiting Facebook’s Privacy Policy
▪ Interact with the Website. In addition to the personal information you provide directly to us, we also collect information from you automatically as you use our Website via “cookies” and similar tracking technologies (including through the use of pixel tags). This includes the following internet or other electronic network activity information.
We use essential, performance, marketing, and analytics cookies to collect your usage, device, and location information (determined through your IP address) when you interact with the Website. We use this information to: (i) track you within the Website; (ii) enhance user experience; (iii) conduct analytics to improve the Website; (iv) prevent fraudulent use of the Website; (v) diagnose and repair Website errors, and, in cases of abuse, track and mitigate the abuse; and (vi) market to you more effectively across different web pages and social media platforms based on your browsing habits and history.
Third party marketing and analytics cookies may be considered a sale or sharing (i.e. disclosure for targeted advertising purposes) under certain state consumer data privacy laws. In general, you can disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent. Please note, if you opt out of these targeted advertising cookies, your opt-out will be specific to the web browser, app, or device from which you implemented the opt-out. If you use multiple devices or web browsers, you will need to opt out of each browser or device that you use.
Particular third-party cookies to note on our Website include the following:
▪ Shopify Audiences. We use Shopify Audiences for marketing and advertising purposes. Shopify Audiences uses hashed (encrypted) customer data to help gina identify and reach potential new customers across Shopify’s advertising network. Shopify takes limited, anonymized purchase and behavioral data from gina’s customer base and matches it against users on third-party advertising platforms to improve ad relevance.
To opt out of Shopify Audiences, you may email us at support@getgina.com with the subject line “Opt-Out of Shopify Audiences” or adjust your preferences through the cookie opt-out mechanisms described in “YOUR INFORMATION CHOICES” below.
▪ Klaviyo. We use Klaviyo to assist with marketing through emails and SMS automation. This includes tracking pixels in emails for behavioral email tracking that tells us whether a customer opens an email, clicks a link, adds items to a cart, or leaves the Website without completing a purchase. This information allows us to send targeted communications such as abandoned cart reminders (i.e., “Forgot Something?” emails), browse-abandonment messages, and curated email communications/newsletters branded “the gina journal”.
▪ Meta Pixel. We use Meta Pixel to serve you ads on your social media based on your browsing behavior. Meta Pixel sets a cookie on your device that allows your behavior to be tracked after you have been redirected to the Website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes and to provide targeted advertising. We do not have access to the information collected through the Meta Pixel. The information collected via Meta Pixel is stored and processed by Meta. Meta may link this information to your Facebook account and use it for its own promotional purposes in accordance with Facebook's Data Usage Policy. You can opt out of displaying Facebook ads and sharing by visiting your Facebook Ad Settings.
▪ Ad Services. We utilize Ad Services by LinkedIn to optimize our online marketing campaigns and to provide targeted advertisements to our Website visitors. Please review LinkedIn’s Privacy Policy for additional information on how LinkedIn uses the information collected. To opt out of targeted advertising by LinkedIn and this sharing, please visit LinkedIn’s Advertising Preferences page.
▪ Google Analytics. We use Google Analytics to collect information on your use of the Website for its improvement. To collect this information, Google Analytics installs cookies on your browser or reads cookies that are already there. Google Analytics also receives information about you from applications you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personal information. Google’s ability to use and share information collected by Google Analytics about your visits to our Website or to another application which partners with Google is restricted by the Google Analytics Terms of Use and Privacy Policy. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on, which can be accessed here.
Gina will also use the personal information we collect as described in this section to comply with the law, to efficiently maintain our business, and for other limited circumstances as described in “HOW WE SHARE YOUR PERSONAL INFORMATION” below.
DATA RETENTION
Unless otherwise stated in this Privacy Notice, we retain your personal information (i) for as long as you maintain an account with us, or (ii) until we no longer need the information to fulfill the purposes for which we collected it.
We use the following criteria to determine whether it remains reasonably necessary to retain your personal information: (i) whether there is a retention period required by statute or regulations; (ii) the existence of actual or threatened litigation for which we are required to preserve the information; (iii) the statutes of limitations for potential legal claims; and (iv) generally accepted best practices in our industry. When we determine that it is no longer reasonably necessary to retain your personal information for one or more disclosed operational purposes based on the above criteria, we will delete or anonymize your personal information.
HOW WE SHARE YOUR PERSONAL INFORMATION
General Sharing
Gina shares personal information in the following instances:
● Within gina. We share your personal informationamong our affiliated entities for the legitimate business purposes ofefficiently and effectively providing the Services, such as for payment andcustomer service support purposes. Access to your personal information islimited to those on a need-to-know basis.
● In the event of a corporate reorganization. In the event that we enter into, or intend to enter into, atransaction that alters the structure of our business, such as areorganization, merger, acquisition, sale, joint venture, assignment,consolidation, transfer, change of control, or other disposition of all or anyportion of our business, assets or stock, we would share personal informationwith third parties, including the buyer or target (and their agents andadvisors) for the purpose of facilitating and completing the transaction. Wewill also share personal information with third parties if we undergobankruptcy or liquidation, in the course of such proceedings.
● For legal purposes.We share personalinformation where we are legally required to do so, such as in response to court orders, subpoenas, governmental/regulatory bodies, law enforcement orlegal process, including for national security purposes. We may share yourinformation with our legal advisors or auditors to establish, protect, orexercise our legal rights or as required to enforce our terms of service orother contracts or to defend against legal claims or demands. We also sharethis information with third parties as necessary to: detect, investigate,prevent, or take action against illegal activities, fraud, or situations involvingpotential threats to the rights, property, or personal safety of any person; tocomply with the requirements of any applicable law; or to comply with our legalobligations.
● With your consent. Apart from the reasons identified above,we may request your permission to share your personal information for aspecific purpose. We will notify you and request consent before you provide thepersonal information or before the personal information you have alreadyprovided is shared for such purpose. You may revoke your consent at any timeand may do so by contacting us via email at support@getgina.com.
Sharing in the Last Twelve (12) Months
For a business purpose. In the preceding twelve (12) months, gina has disclosed the following categories of personal information for a business purpose to the following categories of third parties:
● We have disclosed your personal information to service providers that assist us in providing the Services. These service providers assist us with the following: information technology (“IT”) support; website hosting; cloud storage; data analysis; customer service; email delivery; marketing; payment processing; and similar services.
● We have disclosed your internet or other electronic network activity information collected by cookies to our IT support to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and repair the Services and platform errors.
● We have disclosed your internet or other electronic network activity information collected by cookies to our IT support to update, improve, and maintain the Services.
Sale of Personal Information
Gina shares your internet or other electronic network activity information collected via cookies and other tracking technologies with our data analytics providers and ad networks as described in PERSONAL INFORMATION WE COLLECT AND WHY to provide targeted advertising. Such sharing may be deemed a sale or sharing under certain state consumer data privacy laws.
You may opt out of the sale or sharing of your personal information by emailing us at support@getgina.com with the subject line “Do Not Sell or Share My Personal Information” or by using the cookie opt-out mechanisms described in “YOUR INFORMATION CHOICES.”
YOUR INFORMATION CHOICES
▪ Correct or View Your Information. You may access your account to correct or view certain personal information you have provided to us and which is associated with your account.
▪ Opt Out of Ad Services. To opt out of targeted advertising by LinkedIn, please visit LinkedIn’s Advertising Preferences page.
▪ Opt Out of Meta Pixel. You can opt out of displaying Facebook ads and sharing by visiting your Facebook Ad Settings.
▪ Opt Out of Shopify Audiences. You may opt out of Shopify Audiences by emailing us at support@getgina.com with the subject line “Opt-Out of Shopify Audiences.”
▪ Opt Out of Advertising Cookies. All session cookies are temporary and expire after you close your web browser. Persistent cookies can be removed by following your webbrowser’s directions. To find out how to see what cookies have been set on yourcomputer or device, and how to reject and delete the cookies, please visit: https://www.aboutcookies.org/. Please note that each web browser is different. To find information relating to your browser, visit the browser developer’s website and mobile application. If you reset your web browser to refuse all cookies or to indicate when a cookie is being sent, some features of our website may not function properly. If you choose to opt out, we will place an "opt-out cookie" on your device. The "opt-out cookie" is browser specificand device specific and only lasts until cookies are cleared from your browseror device. The opt-out cookie will not work for essential cookies. If thecookie is removed or deleted, if you upgrade your browser or if you visit usfrom a different computer, you will need to return and update your preferences.By clicking on the “Opt-Out” links below, you will be directed to therespective third-party website where your computer will be scanned to determine who maintains cookies on you. At that time, you can either choose to opt out of all targeted advertising or you can choose to opt out of targeted advertising by selecting individual companies who maintain a cookie on your machine. Our use of third-party marketing and analytics cookies is considered a sale/sharing under certain state privacy laws and is also considered to be what is known as interest-based advertising (IBA). To optout of the sale/sharing through cookies and IBA across various platforms,please visit the Digital Advertising Alliance’s YourAdChoices program tools (Your Ad Choices) or visit one of the links below.
o Association of National Advertisers opt-out registration: https://dmachoice.thedma.org/
o Network Advertising Initiative (NAI) Opt-Out: https://www.networkadvertising.org/managing/opt_out.asp
o Digital Advertising Alliance (DAA) Opt-Out: https://optout.aboutads.info
o In general, you can also disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent.
▪ Opt Out of Email Tracking. You can disable this tracking by blocking automatic loading of images in your email.
▪ Opt Out of Marketing Communications. You may opt out of receiving marketing emails from us by clicking the “unsubscribe” link provided at the bottom of each email we send. Please note that we will continue to send you notifications necessary to the Services.
DO NOT TRACK
We do not respond to Do Not Track requests. Do Not Track is a preference you can set in your web browser to inform websites and mobile applications that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
INFORMATION SECURITY
We implement appropriate technical and organizational security measures, such as access controls and encryption, to protect the personal information that we collect and maintain from unauthorized access, destruction, use, modification, or disclosure. However, no security measure or modality of data transmission is 100% secure, and we are unable to guarantee the absolute security of the personal information we have collected from you.
CHILDREN’S PRIVACY
The Services are not directed to or intended for individuals under the age of eighteen (18) years. We do not allow accounts by, nor do we directly collect personal information from any person we know to be under the age of eighteen (18) years.
CHANGES TO THIS PRIVACY NOTICE
We may amend this Privacy Notice in our sole discretion at any time. If we do, we will post the changes to this page and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights, we will notify you by prominent posting on the Website and/or via email, and obtain your consent, if required.
CONTACT US
If you have any questions or concerns regarding this Privacy Notice, please contact us by email at support@getgina.com or mail at the address 580 West Germantown Pike, Suite 200, Plymouth Meeting, PA, 19462.
Welcome to Gina! The terms “we”, “us” and “our” refer to Gina. Gina operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Gina is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Gina reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Gina confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Gina may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Gina, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Gina, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Gina.
Gina's names, logos, product and service names, designs, and slogans are trademarks of Gina or its affiliates or licensors. You must not use such trademarks without the prior written permission of Gina. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Gina is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Gina. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Gina, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Gina.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Gina, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Gina, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Gina, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gina, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Gina is headquartered. You and Gina consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@koko-v.com.
Our contact information is posted below:
[INSERT TRADING NAME]
info@koko-v.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]
The information on this website, including but not limited to, text, graphics, images, any links to external sites, or testimonials given by customers, is designed for educational and informational purposes only. No material on this site is intended to be a substitute for the advice and care of a licensed medical professional or intended to be used for a diagnosis, prevention, cure or treatment of a health problem, condition or disease. Your own experience(s) may vary from those mentioned in the testimonials. The Gina glides are designed for comfort and care. They are not contraceptives and do not protect against sexually transmitted infections or communicable diseases. Do not use Gina glides with latex condoms.
If you have a medical condition, allergies or any health situation that might impact your safe use of any cosmetic or hygiene products, consult with your licensed medical professional before using Gina products.
If you are pregnant, or have specific health concerns, always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen.
These statements have not been evaluated by the Food and Drug Administration (FDA).
Customers agree to hold KOKO-V, LLC harmless in any claim of product liability. Please consult a doctor with any questions or concerns you might have regarding your condition.
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