Privacy Policy

Last Updated: April, 18 2024 

Company Information

Gold, Inc. dba Goldbug
511 16th Street, Suite 400
Denver, CO 80202 

This Privacy Notice and Cookie Policy (“Notice”) is a legally binding contract between Gold, Inc. dba Goldbug (“Company”) (sometimes “we,” “us” or “our”) and you (sometimes, “you” or “your”) concerning your access and use of Company websites, technology platforms, mobile apps, software, infrastructure, systems and/or other service or product offerings provided by Goldbug, as well as points or methods of data collection involving the same, as well as your access and use of all other services, surveys, materials or product offerings provided by the Company (“Sites”). In the event of a conflict between this Notice and any other separate service agreements, contracts, or other terms and conditions, including Goldbug’s Terms of Use (“Additional Terms”), the terms of this Notice shall control; provided, however, that the Additional Terms not in conflict with this Notice shall be given effect. 

Acknowledgment

We know you care how your information is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Notice describes how we handle personal information received pursuant to the Sites, as well as well as general information collection, tracking practices, correspondence with us, and other data collected in the ordinary course of business. Note that if you are a party to a specific services agreement, contract, or other terms and conditions with the Company (including generally posted Terms of Use for the Sites, if applicable), those items may further qualify this Notice to the extent not in direct conflict with the same. This Notice applies to all consumers interacting with our Sites, including but not limited to customers, patrons, visitors, survey participants, mailing list subscribers, website/platform/mobile app visitors and users, content viewers and downloaders, and for persons otherwise contacting us or whose information we have collected pursuant to this Notice.

PLEASE NOTE THAT THIS NOTICE IS A BINDING AGREEMENT WHICH CONTAINS THE FOLLOWING IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND CHOICES:

  • OPT-IN AND OPT-OUT POLICY FOR RECEIVING COMMUNICATION FROM US VIA EMAIL, TEXT, OR PHONE CALLS (AS MAY BE APPLICABLE)
  • BINDING INDIVIDUAL ARBITRATION FOR DATA SUBJECTS IN CERTAIN LOCATIONS THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS POLICY
  • STANDARD CONSUMER RIGHTS AND REQUIREMENTS: INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO ACCESS, DELETE, OPT-OUT, CORRECTION, COPIES, AND OTHER ITEMS

BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR SITES, OR PROVIDING INFORMATION TO US IN ANY MANNER COVERED BY THIS NOTICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS NOTICE AS IF YOU HAD SIGNED IT. DO NOT ACCESS OUR SITES OR SHARE INFORMATION WITH US IF YOU DO NOT AGREE TO BE BOUND BY THIS NOTICE.

We collect information about you.


The information we learn from you helps us personalize and improve your experience. Generally speaking, we may receive and store information you enter or otherwise provide to us as a result of accessing the Sites, provide to receive services, or give us in any other way. Types of information we may collect include:

  • Contact and General Information. We use this information for responding to your requests, customizing goods or services offerings or suggestions for you, improving our business, providing analytics or records of response to our partners or affiliates as further described below, and communicating with you. For example, we may collect your name, address, and email address if you register on our Sites or otherwise engage us for services. We may also collect your phone number, zip code, certain household information used to determine the extent of services, or other information depending on the services you request. Finally, your survey responses may include other types of information, the receipt of which is likewise subject to the terms of this Notice.
  • Order Information and Customer Support. We may collect your name, billing address, shipping address, email address, phone number and other information relevant to fulfilling an order you place. When interacting with customer support, we collect the information you choose to include and/or share with us, such as sending us a message, requesting help, following up on an order, etc. We may also maintain various commercial information such as records of products or services that are purchased or viewed.
  • Browsing Habits, Internet & Network Activity. We may collect information relating to the items you view, save for later or equivalent feature, put in your cart, and other related information. Additionally, we may collect data about your internet connection, device, network activity, or other forms of usage data.
  • Information You Submit or Post. We may collect the information you post in a public space on our Sites, if any, such as reviews or testimonials. We also collect information when you contact or otherwise correspond with us, including but not limited to via emails, phone calls, and other transaction related information.
  • Demographic Information. We may collect information like your gender and age, zip code, and areas of interest or specialty. We might collect this when you contact us or enter a promotion, sweepstakes or contest, respond to a survey, or in other instances.
  • Content and Transaction Related Information. When uploading pictures, reviews, or other information, a name, email address, and other identifying information may be required. Generally, the information collectedhelps us to communicate with you regarding content that you have submitted to us. For instance, we may use your email address to notify you of the status of the content you have submitted.
  • Social Media and Third-Party Information. We may allow data subjects to share our products and services on Facebook, Instagram, Pinterest, or other social media sites. If you decide to share one our products or services, we will get basic information from your social media profile like name, gender, profile photo, and friends or contacts. This information is collected by the social media company and is provided to us under the terms of its own privacy policy. You may be able to control the information that we receive from Facebook using the privacy settings in one’s Facebook account.

We collect such information from various sources and via various means.

Please note the following regarding information submitted directly to third-party service providers. As further discussed below, in certain instances your data is not controlled by us and instead is sent directly to third-party service providers, such as but not limited to, Shopify. Purpose examples include processing payments and credit card information, processing applications, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. Such third-parties have access to personal information needed to perform their functions, and the privacy policies of each third-party should be evaluated by you. We do not take responsibility for these third-parties’ use of your data except as statutorily required. A list of all such third parties will be made available to you upon request.

Automatically Collected Information. We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies” and we obtain certain types of information when your web browser accesses Company sites or advertisements. We may collect information about the browser you’re using. We might look at what site you came from, or what site you visit when you leave us. We may also look at clickstream data. We may combine this information with other information we collect from you. This includes anything we collect from third parties. If you use our mobile website, we may collect your GPS location and your unique device identifier.

Device Identifiable Information. We may collect information that does not identify you personally, but is linked to your computer or device (“Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating the Sites. When you visit the Sites to browse, read or download information, we automatically collect information about your computer that your browser sends, such as your IP address, browser type and language, access times, pages visited, and referring website addresses. We may use Device Identifiable Information we collect to analyze trends, help administer the Sites, track the movement of visitors, to learn about and determine how much time visitors spend on each page of the Sites, how visitors navigate throughout the Sites and to gather broad demographic information for aggregate use. We may also collect Device Identifiable Information through “cookies” or “web beacons” as explained below.


We may also collect information about your mobile device such as the type and model, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), applications using the Sites, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.


We may also collect your location information, such as your zip code or the approximate geographic area provided by your internet service provider (ISP), or location positioning information provided by the location services and GPS features of your mobile device when location services have been enabled.

We may collect information from you directly. We may collect information directly from you. We receive and store any information you enter on our Sites or give to us in any other way. For example, we collect information when you contact us, choose to provide us when engaging with the Sites, and otherwise engage with retail or subscription service-related points of contact, as applicable.

We may collect information from you passively. Our Sites may also collect information from you passively. For instance, we might also collect information passively in our emails or through our apps. We may also collect information passively in connection with third parties. For example, to get purchase information from affiliates, we may gather information passively on their platforms. Tools we use include browser “cookies”, “Pixels” and “Web Beacons”.

“Cookies” are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features, such as on Company’s Sites, personalized advertisements on other sites, and storage of items in your Orders or similar feature, or between visits. The ‘help’ feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you may be able to disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the site of its manufacturer. Some cookies may allow you to take advantage of some of the Company’s essential features, so we generally recommend that you leave them turned on if you want to take advantage of our full suite of features. For instance, if you block or otherwise reject our cookies, you may not be able to add items to your Orders or similar feature, proceed to Checkout, or use any Company products and services that require you to sign in.


“Pixels” and “Web Beacons” (also known as web bugs, pixel tags or clear .gifs) are tiny graphics with a unique identifier that may be included on our services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our services, to monitor how many visitors view our services, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages or in an e-mail.

Social media widgets such as the Facebook “like” button and LinkedIn’s “share” button or other interactive mini-programs may be on our Sites. These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Sites. Your interactions with these features are governed by the privacy policy of the company providing it.


In addition to other third-party data collection applications, we may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our services, and to develop website content. For more information about Google Analytics, please visit Google's Policies. You may be able to opt out of Google’s collection and Processing of data generated by your use of the services by navigating to Google's Policies. 

For specific information about the Cookies that we use related to powering our store with Shopify, see Shopify Cookies. We may also permit third parties and service providers to use cookies on our Sites to better tailor the services, product and advertising on our sites and other websites. Note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners.

Using Other Technologies. We may also use cookies, web beacons, or other similar technologies to operate and provide you access to Sites, applications, services, and tools, and using the technologies necessary to identify irregular site behavior, prevent fraudulent activity and improve security.  Using these tools also allow you to make use of our functions such as shopping-carts, saved search, or similar functions. These tools allow us to assess the performance of the Sites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use the Sites, to determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve the Sites’ content, applications, services, or tools. Through these technologies, we have the ability to offer you enhanced functionality when accessing or using our Sites, services, applications, or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Sites.

Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third-party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. If you would like to opt-out of the technologies we employ on our Sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits. We may also be able to accomplish some of these goals if you email us at support@goldbug.com, subject to the particular facts.

We may get information about you from third parties. For example, third parties assisting with helping fulfill orders, our representees, affiliates, social media platforms, companies who support our Site, including but not limited to Shopify, our payment processors, plugins, and other third parties may also give us information about you. Specifically, our payment processors, who collect payment information (such as bank account, credit or debit card information, billing address, etc.) to process your payment related to an order and/or provide you with products or services you have requested, may provide us with other types of information in order to perform our contract with you. Additionally, when you visit our Site and/or open or click on emails we send, or otherwise interact with our offerings, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and/or cookies. Affiliates or other business partners may also give us information. This might include information they gathered passively. We may also engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. We do not anticipate these cookies will contain personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non-human readable form. To opt-out of these data provider cookies, please go to AboutAds.

Examples include Shopify (for eCommerce and payment processing services), Google Analytics (for G4 implementation), Amazon Multi-Channel Fulfillment (for fulfillment solutions), Klaviyo (or marketing and email service provider), and others. We will also do our best to promptly provide an updated list of all such third parties upon request, and recommend you review such parties’ own practices. Though information obtained from third parties that we receive will be treated in accordance with this Notice for our own purposes, we are not responsible or liable for the accuracy of the information provided to us, or the third parties’ policies and/or practices.

How We Use Your Information. Information about our customers is an important part of our business, and we are not in the business of selling it to others, though it may be shared with others for the purpose of providing our goods or carrying out our services. We share customer information only as described in this Notice. 

  • We use information to administer our goods and services. For example, we may use information to assist with suggestions, tracking, determining engagement, communications with you, and to evaluate the products we offer. This often includes sharing such data with our third-party processors. We likewise use your information to provide you with services, goods, and otherwise to perform our contracts with you, including but not limited to, processing and fulfilling your orders, sending notifications to you related to your account, and any other matters relating to the Sites or our performance of a contract.
  • We use information to respond to your requests or questions. For example, we might use your information to respond to your questions about our services or offerings, for customer feedback, etc.
  • We use information to improve our products and services. We may use your information to make our Sites better. We might use your information to customize your experience with us or understand your preferences. We may combine information we get from you with information about you we get from third parties.
  • We use information to communicate with you. We may send you emails, invites, reminders, and regular text messages you have consented to receive, such as promotional messages and messages.
  • We use various tracking technologies. As described above, we, and other third parties we work with, use several common data collection technologies including cookies, pixel tags, and similar technologies. We collect personal information about users over time and across different Web sites when you use this Web site or service. We may also have third parties that collect personal information this way. We do this for many reasons, such as recognizing new and past visitors to the Sites, to improve the Sites’ experience, optimize your customer experience, and provide site and service enhancements, to avoid repeatedly showing you the same advertisements or transaction related notifications, and so we can better understand our audience, our customers, our visitors, and their respective interests. We work with third parties who provide us with certain web search services.
  • We use information for security purposes. We may use information to protect our Company, our customers, the Sites, and/or detect fraudulent, illegal or malicious activity. If you choose to use the Sites and register an account, you are responsible for keeping your account credentials safe.
  • We use information for marketing purposes. If you register with our Sites or if you opt-in to receiving messages from us in any other way, we may send you information about special offers, new products, or new services. These might be third party offers or products we think you might find interesting. Depending on your choice we may send this type of information via email, text, call, push notifications in apps, or notifications by regular mail. We also use information to customize offers you receive. This includes using your purchase related history on affiliates or other third-party platforms.
  • We utilize third-party service providers and use your information to perform those functions. We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering our goods or services, sending proposals, informing our customers or prospective customers, delivering documents, correspondence, calendar invites and the like, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. For example, we may share information with vendors who send emails for us. We may also share information with companies that operate the Sites or run a promotion. We may also share the information with our subsidiaries and affiliates. These entities generally have access to personal information needed to perform their functions, but may not use it for other purposes. Examples include Shopify (for eCommerce and payment processing services), Google Analytics (for G4 implementation), Amazon Multi-Channel Fulfillment (for fulfillment solutions), and Klaviyo (for marketing and email service provider). We will also do our best to promptly provide an updated list of all such third parties upon request, and recommend you review such parties’ own practices.
  • We use information to communicate with you about your account or our relationship. We may contact you about your account or feedback. We might also contact you about this Notice or the Sites’ Terms.
  • We will share information if we think we have to in order to comply with the law or to protect ourselves. We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and other agreements; or protect the rights, property, or safety of the Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Notice.
  • We may share information with our business partners. This includes sharing for marketing or advertising or for purposes of running joint promotions. For example, we will share information with our affiliates to administer services or assist with processing orders or understanding preferences, rendering services, or we might share information that third parties can use to serve you with ads they think you will like. This could include sharing with our partners what ads you view, and those third parties may use information for their own marketing or advertising purposes.
  • We may share information with any successor to all or part of our business. As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Company, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
  • We may share information for other reasons we may describe to you.

Your Choice to Opt-In or Opt-Out (Subject to Jurisdiction Specific Opt-In or Opt-Out Information Below)

You have the choice to opt-in to or opt-out from receiving certain emails or text messages to the email address or mobile number you provide to us at any time. Please see below for ways to opt-in or opt-out of receiving certain communication from us.

General Opt-In.

If you have opted-in to receiving messages from us, you expressly acknowledge consent to receiving such messages to the email, phone number, and address you have provided us, and that such messages may be from an automated system.

If you have opted-in to receive text messages we do not charge you for the text message, provided, however, that standard messaging and data rates will apply to each text message in accordance with your wireless plan and your carrier’s policies. We do not require you to agree to receive text messages as a condition of making any purchase, even though Shopify may as part of its verification or other processes.


Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary except as otherwise provided in this Notice or other Additional Terms. Except to the extent expressly covered by this Notice, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

General Opt-Out


The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. If you want to opt out, visit the WebChoices Consumer Choice Tool Tutorial. Your opt-out is both browser and device specific.

You can always choose not to directly provide information, even though it might be needed to make a purchase or to take advantage of certain services, such as the Company features as Your Account.

With respect to the Company’s own promotional emails (not those sent by its third-party partners, for which you must also seek to exercise your rights with that party), to stop receiving our promotional emails, you may opt-out by one of the following methods:

  • Selecting the “Unsubscribe” link in any promotional email.
  • Emailing us at support@goldbug.com.

You may be able to request access to, correct, amend, delete or block certain information. Depending on where you live, you may request access to the personal information we maintain about you or request that we correct, amend, delete, make available, or block us from certain information. If you have questions about these rights, please email us at privacy@goldbug.com. If such right is available to you, you may also be able to withdraw certain forms of consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information. Nothing in this Notice shall serve as a representation or warranty that such rights are available.

You may be able to control certain cookies and tracking tools. Your browser may give you the ability to control cookies, but it is dependent upon the type of cookie. Certain browsers can be set to reject browser cookies. Flash cookies cannot be controlled through your browser settings, so to control flash cookies, which we may use on certain websites from time to time, you can go here. If you block cookies on your browser, certain features on our Sites may not work. If you block or delete cookies, not all of the tracking activities we have described here will stop. Choices you make are both browser and device-specific.

You may be able to control tools on your mobile devices. For example, you likely can turn off the GPS locator or push notifications on your phone. You can also control these settings in apps.

Our Sites/Minors. Our Sites are meant for people at least 18 years old. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at privacy@goldbug.com or you can write to us at the address listed at the end of this Notice. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy on-line here: http://www.business.ftc.gov/privacy-and-security/childrens-privacy. Currently, we do not have actual knowledge that we “share” or “sell” (as defined in applicable law) personal information of individuals under 16 years of age.

We store information in the United States. Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. The Sites are subject to U.S. laws, which may not afford the same level of protection as those in your country.

We use standard security measures. We use reasonable measures to protect the information you share with us. This includes physical measures. It also includes technical and administrative measures. We use firewall encryption where appropriate. We may also use Secure Socket Layer encryption. Please remember that no data security measures are 100% secure all of the time. We keep personal information as long as it is necessary or relevant for the practices described in this Notice. We also keep information as otherwise required by law.

Our Sites and Do Not Track Signals. Some browsers transmit Do Not Track (DNT) signals to websites. Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers. We will continue to monitor industry activity in this area and reassess our DNT practices as necessary.

You can update your information stored via account. To update your information stored via a personal account, log into the site and click the “Account” link at the top of our site. You can also update it by clicking here Account. It may take us up to 10 business days to process account changes.

We may link to other sites or have third party services on our Sites we do not control. If you click on a link to a third-party site, you will be taken to websites we do not control. This Notice does not apply to the privacy practices of that website. Read the privacy policies of other websites carefully. We are not responsible for these third-party sites. Our Sites may also serve third party content that contains their own cookies or tracking technologies. We do not control the use of those technologies. We also do not control the privacy practices of our affiliates. This includes their use of cookies and other tracking technologies.

How to Contact Us. If you have any questions or concerns about this Notice, you may contact us at:


Gold, Inc. dba Goldbug
Attn: Privacy
511 16th Street, Suite 400
Denver, CO 80202

Email: privacy@goldbug.com 

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SITES, ALL CONTENT, ALL PRODUCTS, AND ALL SERVICES FOR PURPOSE OF THIS SECTION, “SITES” ARE PROVIDED ON AN ‘AS IS’ BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITES OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITES. YOUR USE OF THE SITES IS AT YOUR OWN RISK. NEITHER COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITES. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY MATERIALS ON THE SITES, OR WITH ANY OF COMPANY’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THIS NOTICE.

Indemnification. You agree to indemnify and hold Company, its affiliates and their respective parents, subsidiaries officers, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any way out of: (a) your participation in the Sites, (b) any violation of this Notice by you, (c) the violation, infringement or misappropriation by you, or another using your account, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (d) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.

Terms and Conditions, Notices, Revisions.

If you choose to visit any of our Sites, your visit and any dispute over the terms and conditions of the Sites or your use of or purchase of products through the Sites is subject to this Notice and our Terms and Conditions, including limitations on damages, resolution of disputes, and application of the law of the State of Colorado to certain aspects. Our business changes constantly, as will our Notice and the Terms of Conditions. We may post a banner and a link on our main homepage at www.goldbug.com notifying you of any material change so please check the Sites frequently for such recent changes.

Except where prohibited, by visiting and using the Sites, you agree that (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this Notice shall be brought in a court of competent jurisdiction located in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. (2) COMPANY’S AND ITS OFFICERS, AGENTS, AFFILIATES, EMPLOYEES, DIRECTORS OR OWNER’S (FOR PURPOSE OF THIS SECTION, “COMPANY”) LIABILITY ARISING IN CONNECTION WITH THIS NOTICE WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $5,000.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, COMPANY SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS’ FEES ARISING OUT OF THIS USER GENERATED CONTENT POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF; (3) you consent to collection of personal information; (4) you are granted a right to know what personal information has been collected upon request, including what is sold or disclosed, and to whom; (4) the right to opt out of any sale of personal information; (5) the right to deletion of any personal information; and (6) the right to non-discrimination with respect to any personal information.

Non-Waiver. The failure of us to insist upon performance of any of the terms and conditions of this Notice, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Notice, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Notice. Any waiver must be in writing and signed by us.

The failure of us to comply with this Notice because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Company, shall not be deemed a breach of this Notice.

Legal Basis for Data Processing. We process Personal Data for the purposes set out in this Notice, as described above. If required by applicable law, our legal basis to process Personal Data may include processing that is: necessary for the performance of the contract between you and the Company (for example, to facilitate a purchase on Company, to provide you with other services that you request, or for resolving billing or customer service inquiries related to your use of our services); necessary to comply with legal requirements (for example, to comply with applicable accounting rules or to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the website and our services); and, where legally required and we have no other valid legal basis to process Personal Data, we will use consent by our customers (for example, to provide you with marketing information or share information with third parties), which may subsequently be withdrawn at any time (by emailing privacy@goldbug.com without affecting the lawfulness of processing based on consent before its withdrawal. In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our services, and for you to use all the features of the Sites.

International Transfers of Personal Data. To the extent that the Company is subject to the laws of the European Union or other third country when processing personal data (“Personal Data”), it shall be the “data controller” under such laws. The nature of the Company’s business means that the Personal Data collected through our services may be transferred to the United States. Also, the Company personnel and some of the third-parties to whom we disclose Personal Data (as set out above) are located in the United States. We take appropriate steps to ensure that recipients of your Personal Data are bound to duties of confidentiality, and we implement measures such as standard data protection contractual clauses to ensure that any transferred Personal Data, remains protected and secure. If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected. You may contact us at privacy@goldbug.com.

Content Uploader.  We respect the intellectual property rights of third parties and respond to allegations that copyrighted material has been shared through our Sites or services, without authorization from the copyright holder, in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). We will also, in appropriate circumstances and at our discretion, disable and/or terminate the use of the Sites or services by users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA. That said, note that if you upload any user-generated content, the content will be public and accessible by anyone. We do not control who will have access to the information you choose to make available, and cannot ensure that all parties who have access to such information will respect your privacy or keep it secure. As such, we are not responsible for the privacy or security of any information you make publicly available, or for the accuracy, use or misuses of any information that you disclose or receive from third parties.

Amendments. We may amend this Notice for various reasons or no reason at all. Please be sure to check the latest version of this Notice to determine current practices. This version of our Notice became effective as of the date first listed above and replaced prior versions, identified by date below: None.

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