Privacy Policy

At Samson Weight Training Equipment, Inc. (“SAMSON”), we believe it is important to protect and respect the privacy of our customers and visitors to our website, www.samsonequipment.com website (“Site”). We are committed to ensuring your privacy as a guest and a customer as set forth below, and we know you care about how your personal information is collected, used, and shared.

This Privacy Policy describes our policies and practices in the areas of: Notice, Disclosure of Collected Information, Security, and Enforcement. We urge you to read this Privacy Policy so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment.

For purposes of this Privacy Policy, you and SAMSON are each a “party” and, collectively, are the “parties”.

  1. Notice
    1. General.  In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. We will ask you when we need information that personally identifies you or allows us to contact you (“Personal Information”). Generally, this information is requested when you contact us for information or place an order for our products. We use your Personal Information for the following primary purposes:
      1. To facilitate your orders of our products;
      2. To make our Site easier for you to use by not having to enter information more than once;
      3. To help you quickly find information on the Site; and
      4. To alert you to special offers, updated information and other services from our company, affiliates, and business partners.
    2. Collected Information.  SAMSON may collect information from you in several different ways including the following:
      1. Registration. When you register or sign up for a class, demonstration, webinar or other event, you are required to give certain personally identifiable information, such as your name, address, e-mail address, phone number, and where applicable, credit card and billing information. Additionally, when you register one of our products, or when one of our sales agents registers a product on your behalf, we may request certain Personal Information. We use this information to contact you about the products and services on our Site in which you have expressed interest and to facilitate further re-orders.
      2. Order. SAMSON does not currently sell products directly from the Site. However, if you purchase a product or service from us via any means, we will request certain personally identifiable information from you. You must provide contact information (such as name, e-mail, and address) and, where applicable, financial information (such as credit card number, expiration date). We use this information for billing purposes and to fulfill your orders. If we have trouble processing an order, we will use this information to contact you.
      3. Requests. When you request information from us, by phone or e-mail, through the Site, or by requesting to join our mailing list, we may collect certain personally identifiable information from you. If you respond to a survey or sign up for a contest or drawing, we may request certain Personal Information. We use this information to provide you with information, customer service, or other services related to your request.
      4. Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and movements around the site, and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.
      5. Correspondence. If you send us personal correspondence, such as an email or letter, we may collect such information into a file specific to you.
      6. Third Party Referral. We may collect certain personally identifiable information regarding you when a third party voluntarily provides such information (e.g., when using the “Send To A Friend” option on our communications, etc.).
      7. Public/Sponsored Events. SAMSON participates in many public events and events with multiple sponsors, such as trade shows. The events generally collect certain personally identifiable information from all attendees and distribute this data in whole or in part to all the event sponsors including SAMSON. While we cannot control and are not responsible for the practices of other sponsors for these events, SAMSON will maintain the privacy of its copy of your personal information received in this way.
    3. Site Usage. SAMSON may monitor your activities, preferences, and transactional data (such as your IP address) relating to your use of the Site and/or services and log this information. This information may be used to diagnose Site technical problems. We also use personal and non-personal information in aggregate or statistical form in order to improve our products, services and procedures. This means that information from many persons and/or web site visits is grouped together in a way that does not disclose the personal information of any particular person. For example, we track how many people have expressed interest in a particular product and what kinds of web browsers are most often used when visiting our web site. Among other things, this information helps us determine which of our products and services are successful and which should be changed or discontinued.
    4. Cookies. Cookies are data files that are written onto your computer by a website, and stay there unless they expire or are removed by you. Cookies enable us to recognize your computer when you revisit the Site, and recall your Site preferences to enhance your experience in using the Site. We do not use cookies to collect or use any information about your visits to other websites and do not knowingly allow any third party to create cookies or otherwise collect any information from our Site. Consult your browser Help menu to learn more about how you can configure your browser software to notify you when your computer receives a new cookie. Note that you may also be able to configure your browser to disable the creation of cookies entirely (although your full interactive use of the Site may be adversely impacted if you do this. For example, you may not be able to place on-line orders for our products.) This Privacy Policy covers the use of cookies by this Site only and does not cover the use of cookies by any advertisers or third parties.
    5. Web Beacons. Web beacons are very small, invisible graphics present on web pages or emails that help us track when the page or email has been accessed. Some parts of the Site, emails and other files may use web beacons, also known as clear gif technology or action tags. We do not use web beacons to collect, use or store any Personal Information about you.
    6. Customer Service. Based upon the personally identifiable information you provide us, we may send you a confirmation e-mail to act as a receipt of your purchase. We will also communicate with you in response to your inquiries and to provide the services you request.
  2. Disclosure of Collected Information
    1. Information from the Site. Samson will never disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or other personal information, that we collect via the Site. However, we reserve the right to outsource certain activities such as mass mailings, order fulfillment, shipping and credit card processing, on a limited basis, to certain third parties. In such cases, we strictly limit the information provided to these third parties to the minimum necessary for them to perform the functions for which we have retained them and prohibit them from using the information for any other purpose or retaining it after it is not longer needed.
    2. Cooperation with Law Enforcement. Samson, however, will cooperate with official law enforcement inquiries, such as fraud investigations and subpoenas, and will disclose your information when necessary to comply with state and federal laws and regulations.
    3. Disclaimer. We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your personal information that they collect from the Site.
    4. Age Requirements. This Site is for use by persons ages 18 and over. By accessing the Site, you attest that you are at least 18 year old. You must be at least 18 years of age to use the Site. You agree to be solely responsible for (i) maintaining control over the use and/or access to the Site by minors in your family or (ii) having access to your computer or login limited to the extent necessary to restrict use to adults.
    5. Type of Information Collected. Samson will collect Personal Information, such as: your name, e-mail address, postal address, telephone and facsimile numbers, and URL. Samson will also automatically gather and store it in log files: IP addresses, browser types, ISPs, referring/exit pages, operating systems, date/time stamps, and movements around the Site. The Site also gathers demographic information. At no time will Samson require a child to disclose more information than is reasonably necessary in an activity as a condition of participation.
  3. Security

    SAMSON is committed to ensuring that your ordering information, including your customer information, is protected while you are on the Site. SAMSON uses appropriate and reasonable measures to maintain the security of your personal information. This includes procedures followed by our personnel to prevent data loss or theft, physical security of our servers and information stores and electronic security such as firewalls, password-protected databases and secure connections.

    SAMSON may use certain third parties for services such as advertising, marketing and order fulfillment. We only work with third parties whose privacy policies and security practices are equal to or more stringent than our own and who agree to strictly limit their use of the information we provide them to fulfill the functions for which they have been retained.

    You should be aware, however, that no data transmitted over the Internet, sent through the mail or stored on a computer is 100% secure and that we cannot guarantee the security of your personal data while in transmission to us. Public computers in particular should never be considered secure. You should never give out personal information on message boards, in chat rooms and other publicly-viewable locations.

    In addition, there exist malicious programs, typically called computer viruses or trojan horses, which can be used to capture information off your computer's hard drive or while you are entering it into a web form or sending it by email. You should always use the appropriate anti-virus and personal security technology to protect yourself. Lastly, if you have been assigned a login ID and/or password for use on the Site, you should never give out that information to others.
     
  4. Enforcement
    If for some reason you believe SAMSON has not adhered to the principles of this Privacy Policy, please notify us, and we will do our best to determine and correct the problem promptly.
    1. Limitations of Warranties and Remedies. TO THE FULL EXTENT ALLOWED BY LAW, SAMSON DISCLAIMS ALL WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NONINFRINGEMENT. SAMSON NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, AND USE OF THE PRODUCTS AND SERVICES. SAMSON’S LIABILITY WILL NOT EXCEED THE FEE PAID BY THE CUSTOMER FOR THE PURCHASE OF THE PRODUCTS. IN NO EVENT WILL SAMSON BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF SAMSON HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
    2. Indemnification. Each of the parties acknowledges and agrees that by entering into and performing its obligations under this Privacy Policy, SAMSON will not assume and should not be exposed to the business and operational risks associated with your business. You agree to defend, indemnify, and hold harmless SAMSON and its officers and employees against any and all third party claims, suits, costs, losses liabilities and expenses of any kind (including reasonable attorneys’ fees) that SAMSON may incur arising out of or resulting from the use of the Site or any of the goods and services of SAMSON, the end user, or any other person.
    3. Choice of Law and Venue. THIS AGREEMENT WILL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW MEXICO WITHOUT APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. BY ENTERING INTO THIS AGREEMENT, ALL PARTIES IRREVOCABLY SUBMIT THEMSELVES TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS IN DONA ANA COUNTY, NEW MEXICO WITH REGARD TO ANY DISPUTE RELATING TO THIS PRIVACY POLICY OR ITS ENFORCEMENT. THE PARTIES ALSO HEREBY WAIVE ANY CHALLENGE TO VENUE THEY MAY HAVE TO A LAWSUIT FILED IN A STATE OR FEDERAL COURT IN DONA ANA COUNTY, NEW MEXICO, RELATING TO A DISPUTE BETWEEN THE PARTIES RELATING TO THIS PRIVACY POLICY OR ITS ENFORCEMENT. The terms of this Privacy Policy are intended for the mutual protection and benefit of you and SAMSON under New Mexico law. You agree not to access this Site or provide any personal information if you are accessing the Site from a jurisdiction that requires privacy terms that are more restrictive than this Privacy Policy, or that otherwise places additional burdens or requirements on SAMSON with respect to the subject matter hereof.
    4. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
    5. Additional Provisions Regarding Liability. The parties agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious or unlawful conduct or damages for strict liability that may not be limited by law.
    6. Notices. Any notices or other communication required or permitted to be made or given by either Party pursuant to this Privacy Policy will be in writing, in English, and will be deemed to have been duly given when delivered if delivered personally or sent by recognized overnight express courier, to the address specified herein or such other address as SAMSON may specify in writing.

      All notices shall be sent to: Samson Weight Training Equipment, Inc.
      P.O. Box 353
      Fairacres, NM 88033
      Fax: (575) 523-2100
      Email: web@samson.com
       
  5. Additional Information
    1. Links. The Site may contain links to other sites. However, please be aware that SAMSON is not responsible for and cannot control the privacy policies of such other sites. We encourage you to be aware when you leave the Site, and to read the privacy policies of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by the SAMSON Site.
    2. Notification of Privacy Policy Changes. We reserve the right to change this Privacy Policy at any time, and you may visit this page to learn of our revised Privacy Policy. All such changes shall be binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.
    3. Choice/Opt-Out. You may opt out of any SAMSON communications at any time by using the Opt-Out or Unsubscribe option at the bottom of most of our mass email communications, or by contacting us through the “Contact Us” section of the Site.
    4. Access to Personal Information. If your personally identifiable information changes, or if you no longer desire some or all of our services, you may correct or update it by contacting us.
    5. Business Transition. In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personally identifiable information will likely be among the assets transferred.
    6. Contact Us. If you have any questions or suggestions regarding our privacy policy, please contact us through the “Contact Us” section of the Site.
  6. Representations and Warranties.
    By using this Site, you represent that you are seeking this Site for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any material available through the Site, or SAMSON. You also represent that you are not engaging in activities in an attempt to reverse engineer the Site, portions of the Site, or any materials available through the Site. You also represent that any information you provide is true and accurate.

This Privacy Policy is used under license to Samson from the copyright owner, CHESTER PLLC (www.chester-law.com) © 2012. All rights reserved. Copying or use, in part or in full, without express written permission from CHESTER PLLC, is prohibited.