PRIVACY POLICY

PRIVACY POLICY

This site is owned and operated by John Tyler Brand, LLC located at 207 Peachtree Glen Drive, Ellenwood GA 32094

This Policy will inform you as to how we look after your personal data and demonstrate our firm commitment to your privacy.

OUR PRIVACY COMMITMENT

At John Tyler Brand, we are committed to protecting your privacy. We will not sell, share, or rent your personal information to others in ways different from what is disclosed in the statement below. The following discloses our information gathering and dissemination practices for the www.johntylerbrand.com website.

Upon visiting johntylerbrand.com, we will not collect any personally identifiable information about you (such as your name, address, telephone number, or e-mail address), unless you specifically provide such information. We may then store such information and use such information to contact you directly regarding products we believe may be of interest to you. We do not give or sell any user information to any third party.

This site, johntylerbrand.com, from time to time may contain links to other sites. We are not responsible for the privacy practices or the content of other websites.

USE OF COOKIES

Our site uses cookies but does not require the use of cookies. Cookies are messages written in your browser. The messages store non-personally identifiable information to help us gauge the success of our website and will track session information such as what pages you access, how long you spend on the site, what products you look at, what products you add to your cart and will help us trigger cart reminder messages. Most internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. You may use the psdunderwear.com website without restriction even if you have blocked cookies on your browser.

THE PERSONAL DATA WE COLLECT

Depending on how you navigate our site, we may collect some or all the following personal data/information:

Name;
Email address;
Date of birth;
Gender;
Billing and shipping address;
Demographic information and preference information;
Browsing behavior such as products viewed or added to cart; and
IP address

HOW WE USE YOUR INFORMATION

Use of personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. subscribing to emails) or because it is in our legitimate interests. We may use your data for the following:

Providing and managing your account;
Providing access to our site;
Personalizing and tailoring your experience on our site;
Providing you with email alerts of an order you placed;
Sending an email or SMS with personalized content based on your browsing behavior (products added to cart);
Replying to emails from you;
Sending emails or SMS messages that you have opted into;
Analyzing the use of our site and gathering feedback; and
Internal record keeping

Data security is very important to us, to protect your data we have taken substantial measures to safeguard and secure data collected through our site.

We may share your data with other companies in our group. We may sometimes contract with third parties to supply products and services to you on our behalf. These products and services may include payment processing, delivery of goods, search engine facilities, advertising and marketing platforms and agencies. In some cases, the third parties may require access to some or all data belonging to you. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely and in accordance with your rights, Our obligations and the obligations of the third party under the law.

We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymized and will not include any personally identifying data or any anonymized data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.

MOBILE PROGRAM TERMS OF SERVICE

Messaging Terms & Conditions

Effective Date: March 24, 2021

This SMS message program is a service of JOHN TYLER BRAND, LLC. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from JOHN TYLER BRAND, LLC. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give JOHN TYLER BRAND, LLC permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. JOHN TYLER BRAND, LLC reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. JOHN TYLER BRAND, LLC also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. JOHN TYLER BRAND, LLC, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the JOHN TYLER BRAND, LLC messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our JOHN TYLER BRAND, LLC Terms of Use and JOHN TYLER BRAND, LLC Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that JOHN TYLER BRAND, LLC and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from JOHN TYLER BRAND, LLC through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF JOHN TYLER BRAND, LLC OR ANY PARTY ACTING ON BEHALF OF JOHN TYLER BRAND, LLC BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO JOHN TYLER BRAND, LLC HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF JOHN TYLER BRAND, LLC HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE JOHN TYLER BRAND, LLC MESSAGING PROGRAM. JOHN TYLER BRAND, LLC AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless JOHN TYLER BRAND, LLC, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from JOHN TYLER BRAND, LLC or its service providers.

Dispute Resolution

  • General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from JOHN TYLER BRAND, LLC or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND JOHN TYLER BRAND, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
  • Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or JOHN TYLER BRAND, LLC to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  • Arbitrator. Any arbitration between you and JOHN TYLER BRAND, LLC will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  • No Class Actions. YOU AND JOHN TYLER BRAND, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and JOHN TYLER BRAND, LLC agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and JOHN TYLER BRAND, LLC are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
  • No Class Actions. YOU AND JOHN TYLER BRAND, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and JOHN TYLER BRAND, LLC agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  • Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if JOHN TYLER BRAND, LLC makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to JOHN TYLER BRAND, LLC’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and JOHN TYLER BRAND, LLC.
  • Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from JOHN TYLER BRAND, LLC after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and JOHN TYLER BRAND, LLC concerning the Messaging 

CORRECTING, UPDATING OR REMOVING YOUR DATA

If your personal information changes or is incorrect, please contact us so that we can maintain the accuracy and completeness of this information. In the event that you provide personal information and wish to later have it removed, you may contact us in any manner as outlined below and we will remove this information within the required time.

Contact

Please contact us with any inquiries or concerns at jt@johntylerbrand.com or write to us at: 207 Peachtree Glen Dr, Ellenwood Ga 30294.

CHANGES TO OUR PRIVACY POLICY

This policy statement is subject to change. All changes will be posted on this page. We encourage you to review our privacy policy periodically to remain informed of changes that may have occurred.