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LAST UPDATED: September 15, 2009
Please read this Terms of Service agreement (the "Agreement") carefully. Your use of the Site (as defined below) constitutes your acceptance of this Agreement.
PC Mall, Inc. ("PC Mall", "we", "us") provides users of the PCMallSBN.com website with access to various products, services, information, content and materials, which may include Small Business Network Rewards Membership and its related benefits (the "Program"), online forums and discussion groups, links to third party websites, audio and video clips, photographs, graphics, images, text, data, user comments, opinions, postings and messages and other products services, information, content and materials (such products, services, information, content and materials collectively, the "Services"). This Agreement is between you ("you") and PC Mall and governs your use of the PCMallSBN.com website and all such Services (such website and Services, collectively, the "Site"). Your use of certain Services may also be subject to additional guidelines, rules, terms and conditions, which additional guidelines, rules, terms and conditions are hereby incorporated into this Agreement by this reference. In particular, and without limitation, your membership and participation in the Program are subject to the additional terms and conditions located at Rewards Points.
1. Acceptance of Terms. The Site, including the Program, is made available by PC Mall subject to this Agreement (including the additional Program terms and conditions referenced above). YOUR ACCESS TO AND USE OF THE SITE, INCLUDING THE PROGRAM, ARE EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS AGREEMENT, INCLUDING SUCH ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO (AND WILL HAVE NO RIGHT TO) JOIN OR PARTICIPATE IN THE PROGRAM, OR OTHERWISE ACCESS OR USE THE SITE. NOTE THAT ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE, INCLUDING YOUR MEMBERSHIP AND PARTICIPATION IN THE PROGRAM. IF YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, AND WISH TO JOIN THE PROGRAM AND ACCESS AND USE THE SITE, PLEASE CLICK ON THE "SIGN UP" BUTTON BELOW. THIS WILL CONSTITUTE YOUR ACCEPTANCE OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PC MALL. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE CLICK THE "CANCEL" BUTTON, IN WHICH CASE YOU WILL NOT BE ABLE TO JOIN THE PROGRAM OR ACCESS OR USE THE SITE.
We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. We also reserve the right from time to time in our sole discretion to modify or discontinue all or any portion of the Site, including any Services, with or without notice. You agree that neither PC Mall nor any of our affiliates, nor any of PC Mall's or its affiliates' employees, officers, directors, shareholders, agents, representatives, licensors, suppliers and service providers (collectively, "Affiliated Entities") will be liable to you or to any third party for any modification, suspension or discontinuance of all or any portion of the Site. Your continued use of the Site after any changes to the Agreement or the Site will indicate your acceptance of such changes. Notwithstanding the foregoing, any modification or discontinuance with respect to the Program will be made pursuant to the specific Program terms and conditions referenced above.
2. Jurisdictional Issues. The Site is controlled and operated by PC Mall from the United States, and is not intended to subject PC Mall to the laws or jurisdiction of any state, country or territory other than that of the United States. PC Mall does not represent or warrant that all or any portion of the Site is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access and use the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations in connection with such use and access. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
3. Information Submitted Through the Site. Your submission of personal information through or in connection with your use of the Site (including in connection with any registration or Transaction) is governed by PC Mall's Privacy Policy, which is located at Privacy Policy (the "Privacy Policy"), which is hereby incorporated into this Agreement by this reference. You represent and warrant that any information you submit through or in connection with your use of the Site is and will remain true, accurate, and complete, and that you will maintain and update such information regularly. If any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to and use of the Site.
4. Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to and use of the Site. You agree that you will not:
Additionally, you acknowledge and agree that you (and not PC Mall) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
5. Purchases. We may make available goods and services for purchase through the Site (including the Small Business Network Store portion of the Site (the "SBN Store"), and we may use third-party suppliers and service providers to enable e-commerce functionality on our Site. If you wish to purchase any goods or services made available by us through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant PC Mall the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. We reserve the right to bar any user from making any or all Transaction(s), and to refuse to provide any user with any Service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Transactions. Descriptions and images of, and references to, third-party products or services available through or in connection with the Site do not imply PC Mall's endorsement of such third-party products or services. All Transactions will be subject to PC Mall's standard purchase terms as set forth below (which standard purchase terms are hereby incorporated into this Agreement by this reference).
6. Registration; User Names and Passwords. You may be required to register with PC Mall in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are responsible for all interaction with the Site that occurs in connection with your password or user name (including all Transactions). You agree to immediately notify PC Mall of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
7. Profiles and Forums. The Services may include the ability to create user profiles ("Profiles"), and to post or transmit information and materials on or through the Site such as through message boards, forums, blogs, chat functionality, and messaging functionality (each, a "Forum").
Information and materials contained in the Profiles and Forums may be provided by employees of PC Mall and the Affiliated Entities as well as by third party users of the Site. Please note that such third party users may post messages or make statements in the Profiles and Forums that are inaccurate, misleading or deceptive. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of PC Mall or the Affiliated Entities. Neither PC Mall nor the Affiliated Entities endorse or are responsible for (and will not be liable for any loss or damage arising out of or relating to) any opinion, advice, information, statement or material provided, made or posted in the Profiles or Forums by any third party.
In addition, neither PC Mall nor the Affiliated Entities will have any liability for any losses or damages arising out of or relating to, the use, disclosure or dissemination by any third party of information that you make publicly available through a Profile or a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.
8. Submissions. In the event that you post or upload to the Site, or otherwise make available or submit to PC Mall in connection with your use of the Site, any information, content or materials, including through a Profile or a Forum ("Submissions"), you will retain ownership of such Submissions, and you hereby grant to PC Mall and our designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, fully paid-up, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform such Submissions, in any media now known or hereafter developed, including in connection with the Site and any related products, services and activities. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Submissions (including by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Submission; and/or (c) disclose any Submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Site; to protect PC Mall or the Affiliated Entities; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
You represent and warrant that you own all of your Submissions, or otherwise have all rights necessary to grant the rights and licenses granted in this section, and that such Submissions and the exercise of such license comply with all applicable laws, rules and regulations, and do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
9. PC Mall's Proprietary Rights. The Site, including all Services, are and will remain the property of PC Mall and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by PC Mall to access and use the Site, you may access and use the Site solely for your personal, non-commercial home use, provided that you keep intact all copyright, trademark, patent and other proprietary notices. Except as expressly authorized in advance by PC Mall in writing, you agree not to reproduce, modify or create derivative works based on, rent, lease, loan, sell, or otherwise distribute any part of the Site, including any Services.
Trade names, trademarks and service marks of PC Mall include PC MALL, Small Business Network, and any associated logos. All trademarks and service marks on the Site not owned by PC Mall are the property of their respective owners. The trade names, trademarks and service marks owned by PC Mall, whether registered or unregistered, may not be used in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing in this Agreement, and nothing on the Site, grants (or should be construed as granting) by implication, estoppel or otherwise, any license or right to use any of PC Mall's trade names, trademarks or service marks without our express prior written consent.
10. Links. The Site may provide links to other web sites and online resources. Because PC Mall has no control over such sites and resources, you acknowledge and agree that neither PC Mall nor the Affiliated Entities are responsible or liable for the availability of such external sites or resources, or for any products, services, information, content or materials available on or through such sites or resources, or any losses or damages incurred in connection therewith. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that neither PC Mall nor the Affiliated Entities are responsible or liable for any links from those sites to the Site, or for any products, services, information, content or materials available on or through such other sites, or any losses or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING YOUR USE OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
11. Disclaimer of Warranties. THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY SERVICES. PC MALL AND THE AFFILIATED ENTITIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, WHILE WE ATTEMPT TO ENSURE THAT INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE IS COMPLETE, ACCURATE AND CURRENT, SUCH INFORMATION MAY NONETHELESS OCCASIONALLY BE INACCURATE, INCOMPLETE OR OUT OF DATE, AND ACCORDINGLY WE MAKE NO REPRESENTATION OR WARRANTY (AND HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES) AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE. YOU MUST EVALUATE, AND YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY SUCH INFORMATION, INCLUDING RELIANCE ON THE ACCURACY, COMPLETENESS OR CURRENCY OF ANY SUCH INFORMATION.
IN ADDITION, WHILE WE TRY TO MAINTAIN THE INTEGRITY AND SECURITY OF THE SITE AND THE SERVERS FROM WHICH THE SITE IS OPERATED, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE MAY INCLUDE INACCURACIES AND ERRORS, AND THIRD PARTIES MAY MAKE UNAUTHORIZED ALTERATIONS TO THE SITE. If you become aware of any unauthorized third party alteration to the site, contact us at sbn_admin@pcmall.com. with a description of the material(s) at issue and the URL or location on the site where such material(s) appear.
12. LIMITATION OF LIABILITY. NEITHER PC MALL NOR THE AFFILIATED ENTITIES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION, OR UNAUTHORIZED INTERCEPTION INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER PC MALL NOR THE AFFILIATED ENTITIES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF PC MALL AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO PC MALL TO ACCESS AND USE THE SITE.
13. Indemnity. You agree to defend, indemnify and hold harmless PC Mall and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys fees) arising out of or relating to (a) your use of or access to, or activities in connection with, the Site (including all Transactions); or (b) any violation of this Agreement by you.
14. Termination. This Agreement is effective until terminated. PC Mall, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if PC Mall believes that you have violated or acted inconsistently with this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that PC Mall may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither PC Mall nor the Affiliated Entities will be liable to you or any third party for any termination of your access to the Site or to any such information or files, and will not be required to make such information or files available to you after any such termination. Except for your right to access and use the Site, the rights and obligations of the parties under this Agreement will survive any expiration or termination of this Agreement.
15. Governing Law. This Agreement shall be governed by the laws of the State of California, as such laws apply to agreements made and solely performed therein, without regard to conflicts of laws and provisions. Disputes arising hereunder or in any way related to this Agreement (and/or the Site, including any Services) shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of California located in Los Angeles County.
16. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please direct such questions to sbn_admin@pcmall.com.. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
17. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the third party web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that PC Mall does not endorse any of the products or services listed at such sites.
18. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to sbn_admin@pcmall.com.. You may also contact us by writing to 2555 W. 190th Street, Torrance, CA 90504-6002, or by calling us at 1-877-233-2006. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. Ability to Enter Into This Agreement. By using the Site, you represent and warrant that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
20. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and PC Mall. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The words "include" and "including" shall not be construed as terms of limitation, and shall therefore mean "including but not limited to" and "including without limitation". This Agreement, together with all policies and additional terms and conditions referred to herein, is the entire agreement between you and PC Mall relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and PC Mall relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in PC Mall's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. PC Mall will not be responsible for failures to fulfill any obligations due to causes beyond its control.
BY CLICKING "I ACCEPT" OR OTHERWISE INDICATING ACCEPTANCE OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY (INCLUDING THE SPECIFIC PROGRAM TERMS REFERENCED ABOVE), (2) YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING SUCH PROGRAM TERMS), AND (3) THIS AGREEMENT (INCLUDING SUCH PROGRAM TERMS) CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.
Site © 2010 PC Mall Sales, Inc. unless otherwise noted. All rights reserved.
Last Revised: September 15, 2009
We at PC Mall ("PC Mall", "we" or "us") understand that making purchases online involves a great deal of trust on your part. We take that trust seriously, and, as a result, we seek to ensure the security of your personal information online. This privacy policy is an effort to answer your privacy-related questions. If you have questions that are not addressed herein, please submit them to us by sending an email to webmaster@pcmall.com. The purpose of this privacy policy (the "Policy") is to help you understand what kinds of personally identifiable information we may gather about you when you visit the PC Mall Web site located at www.pcmall.com and related sub-domains (the "Site"), how we may use that information, how we may disclose it, and how you can correct or update it. We note that this Policy sets forth our online information collection and use policies under U.S. law. The Site is intended for use by residents of the U.S. who are over the age of 18. We do not knowingly collect personally identifiable information from children (that is, minors younger than thirteen years of age). If you do not agree to the terms of this Policy, you should not use the Site. We reserve the right to update or modify this Policy from time to time, and such changes to the Policy will be effective immediately; therefore please bookmark this page and review it periodically to assure familiarity with the most current version of the Policy. You can tell if the Policy has been updated since you last reviewed it by checking the "Last Revised" date at the beginning of the Policy. This Policy is the sole authorized statement of PC Mall's practices with respect to the online collection of personally identifiable information and the usage of such information. Any summaries of this Policy generated by third party software or otherwise (for example, in connection with the "Platform for Privacy Preferences" or "P3P") shall have no legal effect, are in no way binding upon PC Mall, shall not be relied upon in substitute for this Policy, and neither supersede nor modify this Policy.
To assist you with your review of our Policy, we have provided information on each of the following topics:
PC Mall may share PII with third parties for marketing and other business of PC Mall and our affiliates. For example, PC Mall may disclose PII to consultants, professional advisors and contractors who perform services on our behalf. At times, PC Mall may seek to validate the PII we have collected via an audit by a third party designed to determine the accuracy of and/or to update the information collected. We may also combine data that we collect online with data collected offline (such as through purchases made through one of our catalogs), or with data provided by other parties.
PC Mall reserves the right to release PII concerning any visitor when that visitor is believed by PC Mall to be in violation of any published guidelines for the use of the Site, or participates (or is suspected of participating) in any illegal or potentially illegal activity. PC Mall also reserves the right to disclose PII to comply with applicable law, in response to civil subpoenas or discovery requests, or when we believe in good faith that disclosure is required to protect the rights, property, safety or security of PC Mall, our visitors or the public, or to respond to an emergency.
PC Mall may share PII collected from our visitors and customers with our affiliated or related companies, including our parent company, affiliates, subsidiaries, or our parent company’s other subsidiaries (collectively, our “affiliates”). We also may share PII with unaffiliated third parties, such as our marketing or business partners. For purposes of this Policy, “unaffiliated third parties” are third-party individuals or entities not affiliated with PC Mall or our affiliates. Although we only work with third parties whom we believe to be reputable, these unaffiliated third parties may have different privacy policies and practices than PC Mall. We are not responsible for the privacy practices of our marketing partners or any other third parties. If you not do wish for us to share your PII with unaffiliated third parties for their direct marketing purposes, please refer to the paragraph below entitled “Correcting/Updating Your Personal Information and Preferences.”
In the event that we sell or otherwise transfer to a third party assets related either (a) to the Site or (b) to one or more of our businesses, divisions or affiliated companies, we reserve the right to also transfer any and all information (including any PII) associated with the Site and/or any business, division or affiliated company to such third party.
We may provide functionality on the Site that allows you to create a “profile page” (your “Profile”) and post certain information and materials on your Profile. Please note that your Profile, including all PII available in your Profile, may be accessible to other users. We urge you to exercise discretion and caution when deciding to disclose PII about you, or any other information, in your Profile.
We may make available through the Site services (for example, message boards, forums, chat functionality and blogs, among other services) to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Site becomes public information, and may be available to visitors to the Site and to the general public. In addition, when you choose to make a posting on such services, certain PII (for example, a link to your Profile that contains PII), will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose PII, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.
Individual customers who reside in California and have provided their PII to PC Mall may request information about our disclosures of certain categories of PII to third parties for their direct marketing purposes. Such requests may be directed to Mailing Management Department, 2555 W 190th St, Torrance, CA 90504. Within thirty days of receiving such a request, we will provide a list of the categories of our customers’ PII that have been disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This type of request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the mailing address specified in this paragraph.
Upon visiting our Site we will assign you a unique ID in the form of a “cookie.” A cookie is a piece of information that our server places on your computer’s hard drive, which PC Mall may associate with your PII when you log on to the site. Cookies are used for such purposes as facilitating and personalizing your shopping and ordering experience, keeping track of your shopping basket during your visit, helping diagnose problems with our server, and administering our Site. We may use the information collected through cookies for marketing purposes to inform you of special offers, better understand your needs or answer your questions. For more information about cookies, please see our Cookie FAQs. NOTE: You can control how and whether cookies will be accepted by your web browser, and you may remove them from your computer at any time at your discretion.
Web Beacons
Some PC Mall Web pages and HTML-formatted e-mail newsletters may use Web beacons to compile aggregate statistics about website usage. A Web beacon is an electronic image, often called a single-pixel (1x1) or clear GIF that is ordinarily not visible to the site visitor. Web beacons can recognize certain types of information on a visitor’s computer, such as a visitor’s cookie number, time and date of a page or image view, and a description of the page where the Web beacon is placed. When used in an e-mail, they can tell us whether an e-mail has been opened.
How We Protect Your Personal Information
To help protect the security of your PII, PC Mall seeks to use security technology and procedures, which are reviewed periodically. We use encryption technology and Secure Socket Layers (“SSL”) in all areas where your personal and account information is required. This means that the PII you submit to us via our Site is encrypted by your computer, and then decrypted again on our side, discouraging others from accessing your private information during transmission. If your browser does not support SSL or if you are unable to establish a secure connection due to a company firewall, please call us at (800) 555-MALL to place your order by phone.
In addition, your personal, account information, and transaction history are kept behind our firewall.
Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us.
Correcting/Updating Your Personal Information and Preferences
If you would like to opt-out of having your PII shared with unaffiliated third parties for their direct marketing purposes, or to make changes to your PII or to your preferences regarding the marketing information that you receive from PC Mall or our affiliates, please click here. We will use reasonable efforts to comply with your request. Please note that we may need to contact you in order to be sure that we are updating the appropriate information. When requesting that PII be updated or that your preferences be changed, please keep in mind that until the change is implemented, you may still receive email and/or physical mailings from us. Furthermore, there will be residual information that will remain within PC Mall databases, access logs and other records, which may contain such PII. The residual information will not be used for marketing purposes; however, PC Mall reserves the right, from time to time, to re-contact former customers or visitors to the Site. Please note that we are not responsible for retracting your PII from third parties with whom we have shared your information pursuant to the terms and conditions of this Policy as in effect from time to time.
Other Information We Collect
Information About Your Computer and Your Site Activities: When a visitor comes to our Site we collect and aggregate information about the visitor’s computer (such as its IP address, operating system and browser software), and click-stream information (such as the address (or “URL”) of the Web site that the visitor came from before visiting our Site, which pages of the Site were visited, the order in which they were visited and which hyperlinks were clicked) for the purpose of assessing our Site traffic and the effectiveness of our Site content, as well as to help diagnose problems with our servers. This data allows us to improve the quality of your visit by streamlining your ability to navigate the Site and to develop featured programs and content that will be of interest to our customers and Site visitors.
Aggregated Information: PC Mall may collect and aggregate demographic information about our Site visitors. For example, we may seek to aggregate information regarding the gender make-up, average age and range of income levels of Site visitors in order to better service our user community. We may use such information in its aggregated form without restriction.
Information About Corporate and Other Organizational Customers: We may collect information pertaining solely to corporations, governmental or educational entities, or other business or not for profit entities, such as, for example, a company’s address. We may use any such corporate information without restriction. In an effort to better support our customers by delivering more relevant marketing communications, PC Mall will, on occasion, purchase third party information about businesses and other entities that are our customers. The company information we purchase may include number of employees, or annual sales volume and company structure. This is used to customize such customers’ online/offline experience and to supplement our internal sales information to better serve you.
Advertisers
PC Mall may use outside advertising companies (“Advertisers”) to serve advertisements on the Site. Please be advised that such Advertisers may use cookies or other technologies to enable such Advertisers to record which ads your browser has seen, and which Site pages you may have been viewing when the ads were delivered.
Sweepstakes and Promotions
We may from time to time offer sweepstakes, contests, or other similar promotions on the Site. Additional PII may be required in order to participate in such promotions, so that we may, for example, verify entrants’ eligibility and identity and notify winners. Participation in such promotions is completely voluntary. If and when we sponsor such promotions, we will post relevant privacy information in the respective “official rules” and/or registration areas for such promotions. That privacy information, to the extent it conflicts with this Policy, will govern that particular sweepstakes, contest or promotion -- please remember to read it carefully.
Other companies may offer sweepstakes, contests or similar promotions through our Site, including through the Rebates & Coupons page. PC Mall is not responsible for any such promotions offered by third parties. Please read all related terms and conditions carefully, or contact the applicable third party for more information. The collection and use of PII in connection with such promotions is governed by such third party’s privacy policy, and not by the policies of PC Mall.
Co-branded Sites: Links to Other Sites
The Site offers certain features that are provided and/or hosted by third parties, but that may be presented on pages displaying PC Mall’s branding. For example, PC Mall -branded pages featuring investor relations information about PC Mall may be created and operated by a third party data provider specializing in such information. The Site may also contain links to other Web sites, or other affiliated sites (e.g., event sponsors, or companies offering rebates or other promotions through our Rebates & Coupons page). We are not responsible for the privacy practices or the content of any such Web sites, including such sites’ use of any information (such as IP number, browser type or operating system) collected when visitors to the Site click through links to those sites. Even though such information might not identify you personally, we strongly encourage you to become familiar with the privacy practices of any third party sites.
Online vs. Offline Practices
Please note that this Policy applies solely to our online information-gathering and dissemination practices in connection with the Site, and does not apply to any of our practices conducted offline other than as expressly set forth in this Policy.
Contacting PC Mall
Should you have any questions, please e-mail us at webmaster@pcmall.com.
