Privacy Policy
This page outlines our Privacy Policy and Terms of Use. PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. The following contains an arbitration agreement which requires you to resolve disputes through arbitration on an individual basis rather than jury trial or any other court proceeding or class action of any kind.
Privacy Policy
By accessing or using www.phillthebox.com (further referred to as the “Site”, “Website”), you are consenting to the following terms and conditions. If at any time you do not accept these terms and conditions, you must immediately stop using the Site. Our Privacy Policy, along with our Terms of Use, describe the factors that may affect our editorial content, the personal information we collect through our Site, how we collect that information, and which parties, if any, will have access to it.
By using the Site, which is owned and operated by United Clothing Donation Services, Inc. and its affiliates (“Company”, “us,” “we” or “our”), you explicitly accept, without limitation or qualification, our practices surrounding the collection, use, and sharing of personal information provided by you in the manner described on this Policy Page.
We encourage you to review this Privacy Policy and Terms of Use whenever you use or access the Site to stay informed about our personal information practices and the ways you can help protect your privacy.
We reserve the right to modify these terms of use without notice. Your continued use of this site means you accept these changes.
Use of Site
Use of Site is nonexclusive and must be consistent with the Terms of Use. The design of the Site and all content is protected by copyright and trademark laws and other laws and regulations and may not be used except as permitted under these Terms of Use. Any reproduction, distribution or public display of any information available on the Site is prohibited.
CONTACT DETAILS
United Clothing Donation Services, Inc.
2700 Corporate Dr., Birmingham, AL 35242
Phone: 1 (800) 242-0362
Email: website@ucds.co
Privacy Policy
We respect your privacy and are committed to protecting it. The purpose of this Privacy Policy is to inform you what information we may collect and how it may be used. This statement only applies to this Site. This privacy statement is intended to comply with Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation or “GDPR”) and provide appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR.
This site is owned and operated by United Clothing Donation Services, Inc. and its affiliates.
United Clothing Donation Services, Inc. is an Alabama corporation.
WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?
Information You Voluntarily Submit to the Website:
We may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form.
Information We Collect from Others: We may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
Automatically-Collected Information: We automatically collect certain information about you and the device with which you access the Website. For example, when you use the Website, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. We may also collect information about actions you take when using the Website, such as links clicked.
Cookies: We may log information using cookies, which are small data files stored on your browser by the Website. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.
Automatically-Collected Information: We automatically collect certain information about you and the device with which you access the Website. For example, when you use the Website, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. We may also collect information about actions you take when using the Website, such as links clicked.
Cookies: We may log information using cookies, which are small data files stored on your browser by the Website. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.
HOW YOUR INFORMATION MAY BE USED
We may use the information collected in the following ways:
- To operate and maintain the Website;
- To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
- To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
- To respond to your comments or inquiries;
- To provide you with user support;
- To track and measure advertising on the Website;
- To protect, investigate, and deter against unauthorized or illegal activity.
THIRD-PARTY USE OF PERSONAL INFORMATION
We may share your information with third parties when you explicitly authorize us to share your information.
Additionally, the Website may use third-party service provider service in various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:
Google Analytics – this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics. Google’s privacy policy is available at: https://www.google.com/policies/privacy/
Mail Chimp/Constant Contact– this service is used for delivery of email updates and newsletters. We store your name and email address for purposes of delivering such communications.
At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.
Except when required by law, we will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, we may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
ANONYMOUS DATA
From time to time, we may use anonymous data, which does not directly or indirectly identify, and cannot reasonably be used to identify, an individual user. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
PUBLICLY VISIBLE INFORMATION
If you create a user profile on the Website or leave a comment, certain information may be publicly visible.
COOKIES
The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends. For EU individuals, essential cookies also help inform the Company whether you require, or have already been served, an affirmative consent request in connection with the GDPR. Cookies may also be used by third-party services, such as Google Analytics, as described herein.
Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable. By using the Site, you consent to the placement of cookies referenced above.
ADVERTISING
Retargeting Ads
From time to time, the Website may engage in re-marketing efforts with third-party companies, such as Google, Facebook, Pinterest, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website.
Sponsored Content Tracking Pixels
This Website may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience.
This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.
Newsletters
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Website to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.
GDPR RIGHTS
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:
- Opt-out– You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at website@UCDS.co to be removed from our mailing list.
- Access– You may access the personal information we have about you by submitting a request to website@UCDS.co.
- Amend– You may contact us at website@UCDS.co to amend or update your personal information.
- Forget– You may request that we erase or forget your personal data. To do so, please submit a request to website@UCDS.co.
We will retain any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) our decision that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
SENSITIVE PERSONAL INFORMATION
At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.
CHILDREN’S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at website@UCDS.co and we will use our best efforts to promptly remove such information from our records.
TERMS OF USE
Intellectual Property Rights
Unless otherwise stated, all written content on this site is owned by United Clothing Donation Services, Inc., and/or our affiliates or licensors, and is protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, you may not modify, copy, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without prior permission. You may, however, download, print, and/or share one copy of individual pages of the Site for non-commercial use, provided that you keep intact all copyright and other proprietary notices.
License and Access
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are sixteen years of age or older. If you are under the age of majority in your jurisdiction of residence but at least 16 years of age subject to supplemental terms, you may provide User Content only with the permission of a parent or legal guardian. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
Limitations on Linking and Framing
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property. The Site may contain links to other websites not owned or controlled by us. If you use these links you leave the Site and do so at your own risk.
Endorsements
This Site may provide links to other websites which are not under the control of the Company. User acknowledges that information and opinions contained in this website or other websites that are linked from this website are not necessarily endorsed by this Site or the Company. Reference within this website to any individual, organization, product or service is not meant to imply the endorsement of the Company unless so stated.
Inappropriate Material
You are prohibited from posting any unlawful, obscene, threatening or otherwise inappropriate material. If we determine in our sole discretion that you have posted inappropriate material, we may take action including but not limited to removing the material. We will cooperate with authorities directing us to disclose the identity of anyone posting such materials.
Accuracy of Information
While we shall endeavor to ensure that all information on the Site is accurate, we cannot vouch that all information will be accurate and up-to-date at all times. The Site contains a large amount of data, and errors are likely to occur in tracking changes – for example, changes in dates and times of events.
We, therefore, do not accept any liability for error or omission with regards to the content of the Site. Should you find any inaccurate information on the Site, please inform us at website@UCDS.co and we shall correct it as soon as it is practicable to do so.
We cannot guarantee the accuracy or reliability of this material and hereby disclaim any responsibility for error, omission or inaccuracy in the material or for any misinterpretation, loss, disappointment, negligence or damage caused by reliance on any material contained within the Site.
We accept no responsibility for the content of any Site to which a hypertext link from this Site exists. Such links are provided for your convenience on an ‘as is’ basis.
All content, products, services, and prices detailed on the Site are subject to change at any time. The inclusion of products on the Site does not warrant that these products will be available at any time.
Certain offers, products, and promotions may be limited in our sole discretion to a particular geographic region. We are not responsible if you see a promotion that is not available in your geographic region. We reserve the right to add, change, or discontinue promotions or offers at any time without prior notice.
Security
The Company uses industry standard practices to protect your information against theft or unauthorized use. The Company stores information on servers located in the United States. Perfect security does not exist on the internet so if you feel that your privacy may have been breached, please contact us as provided above
Limitation of Liability
TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU USE THE SITE AT YOUR OWN RISK.UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING IN OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. WE DO NOT GUARANTEE ACCURACY OR COMPLETENESS OF INFORMATION NOR DO WE GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SITE. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM LIABLITY FOR PRODUCT DEFECTS, CLAIMS DUE TO NORMAL USE, OR IMPROPER USE. WE DO NOT GUARANTEE THAT THE SITE OR ITS SERVER IS ERROR FREE OR FREE FROM UNAUTHORIZED ACCESS.
Termination and Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
DMCA Notices
If you are a copyright owner and believe that any content on this Site infringes on your copyrights, you may submit written notification to our designated Copyright Agent at website@UCDS.co in accordance with the Digital Millennium Copyright Act. A DMCA notice must be in writing and must specifically identify the copyrighted work believed to be infringed, must provide sufficient contact information to contact the copyright owner, must provide if available information to identify the copyright infringer, and must include the following statement “I have a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner”, and the notice must be signed.
NOTICES
EXCEPT AS EXPLICITY PROVIDED OTHERWISE, ALL NOTICES ARE TO BE SENT BY MAIL TO UNITED CLOTHING DONATION SERVICES, INC., ATTN: LEGAL/WEBSITE, 2700 CORPORATE DRIVE, BIRMINGHAM, AL 35242.
Governing Law
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Alabama, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction.
DISPUTES
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE, CLAIM, OR CONTROVERY ARISING OUT OF OR RELATING TO THE USE OF THIS SITE OR THE BREACH, TERMINATION, ENFORCEMENT INTERPRETATION OR VALIDTY THEROF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABLITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN BIRMINGHAM, ALABAMA BEFORE A PANEL OF THREE ARBITRATORS. The arbitrators must be either a retired judge from a federal or state court or a lawyer with 10 years active practice in technology, cybersecurity, or privacy law. This arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgement on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have the authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for the administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Notices to the Site should be sent first class or certified mail to United Clothing Donation Services, Inc., Attn: Legal/ Website, 2700 Corporate Drive, Birmingham 35242. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.
- Unless otherwise agreed to in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.
- All offers, promises, conduct and statements, whether oral or written, made in the course of negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that the evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
- At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to the Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 1 above.
- All applicable statues of limitations and defenses based upon the passage of time shall be tolled while the procedures specified in Paragraph 1 and 2 above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator, and the two so selected shall select a third arbitrator within 30 days of the commencement of the arbitration. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator within the allotted time, the third arbitrator shall be appointed by JAMS in accordance with its rules. All arbitrators shall serve as neutral, independent, and impartial arbitrators.
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Alabama, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs 1-16).
In any arbitration arising out of or related to this Agreement the arbitrator(s) are not empowered to award punitive or exemplary damages except where permitted by statute, and the parties waive any right to recover any such damage.
In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The Parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of the Agreement, including Rules 16.1 and 16.2 of those Rules.
THIS SECTION REQUIRES THAT ANY CLAIMS, DISPUTES OR CONTROVERSY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS SITE MUST BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION. THIS SECTION IS DEEMED TO BE A “WRITTEN AGREEMENT TO ARBITRATE” PURSUANT TO THE FEDERAL ARBITRATION ACT.
Arbitration is less formal than a lawsuit and we believe it is a more efficient and less expensive way to resolve any dispute or disagreement. Arbitrators can award the same damages as a court can award.