Privacy Policy

Privacy Policy

PRIVACY POLICY This Privacy Policy (this “Policy”) describes Our policies on the collection, use, and disclosure of your information in connection with your use of Our websites, emails, and mobile applications (“Site”). The terms “We”, “Us”, “Our” and “LatticeGear” refer to LatticeGear, an Oregon limited liability corporation, with its principal place of business at 15210 NW Greenbrier Parkway, Suite C-7, Beaverton, OR 97006. When you use the Site, you consent to the Website Terms of Use and to our collection, use, and disclosure of your information as described in this Privacy Policy.

1. Types of Information. LatticeGear may collect two types of information by and through the Site.
   • Aggregate Information. For purposes of this Policy, information that is anonymous, aggregate information (such as pages visited on the Site, browser type, referring URL, IP address) will be referred to as “Aggregate Information.” Aggregate Information is not connected to you or to any other personally-identifiable information relating to you.
   • Personal Information. For purposes of this Policy, personally-identifiable information that is connected to you or other personally-identifiable information relating to you, including, but not limited to your name, billing address, payment information, home address, telephone number, e-mail address, birth date, gender or project, will be referred to as “Personal Information.”
2. Use of Information.
   • Aggregate Information. LatticeGear uses Aggregate Information only to generate statistical reports, such as reports about the use of the Site. Such reports are used to make the Site better meet your needs or to allow LatticeGear to better conduct its work though the Site. The reports are not provided to third parties.
   • Personal Information. LatticeGear uses Personal Information to fulfill your requests for services; to customize the content you see; and to contact you. If LatticeGear uses third parties to assist LatticeGear in processing your requests on the Site, LatticeGear will require that the third parties comply with this Policy and any other appropriate confidentiality and security measures. LatticeGear may also share Personal Information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of LatticeGear’s network and services.

Legal basis for processing personal data under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), LatticeGear, LLC. legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

LatticeGear, LLC. may process your Personal Data because:

• You have given us permission to do so
• The processing is in our legitimate interests and it’s not overridden by your rights
• To comply with the law

• Retention of data

LatticeGear, LLC. will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

LatticeGear, LLC. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

3. Disclosures of Information.
   • Aggregate Information. Aggregate information may be used by LatticeGear for (a) internal purposes to help LatticeGear improve its users’ experience at the Site and to better conduct its work through the Site, (b) presentations of data to third parties, or (c) any other use determined by LatticeGear in its sole discretion, so long as the data remains aggregate and does not identify an individual or user.
   • Personal Information. LatticeGear does not sell, rent or share personally-identifiable information to or with any third party not affiliated with LatticeGear, except that LatticeGear may disclose such information to service providers who may assist LatticeGear in processing your requests at the Site in such areas as data storage. LatticeGear uses Authorize.net as its payment management service. When using LatticeGear’s online store one consents to the privacy policy of Authorize.net. This policy can be found at https://www.authorize.net/about-us/privacy/ . The policy includes but is not limited to the use of cookies and personal information collected, stored, used, and shared. We strongly advise you to review the Privacy Policy.

4. LatticeGear may use cookies, web beacons, local shared objects (sometimes called “flash cookies”), and similar technology in connection with your use of the Site (collectively “Cookies”) to recognize and count new visitors and to acquire Aggregate Information that lets LatticeGear analyze traffic patterns and tune the performance and functionality of the Site. Cookies may transmit information about you and your use of the Site, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. You can disable some (but not all) Cookies in your device or browser settings, but doing so may affect your ability to use the Site. Please note that when you accept a cookie from the Site, LatticeGear does not gain access to your hard drive or personal information other than the information you have provided to us.
5. Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. https://tools.google.com/dlpage/gaoptout

The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

6. Business Transfers. We may share information from or about you with subsidiaries, joint ventures, or other companies under common control, in which case We will require them to honor this Privacy Policy. If another company acquires LatticeGear or all or substantially all of Our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.

7. We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on Us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Site; or (c) protect Our rights, reputation, property, or that of Our users, affiliates, or the public.

8. Links. The Site may contain links to unaffiliated third party websites. Except as set forth herein, We do not share your personal information with them, and are not responsible for their privacy practices. LatticeGear suggests you be aware when you leave the Site and to read the privacy policies on all such third party websites.

9. Children.

LatticeGear complies with the requirements of the Children’s Online Privacy Protection Act (“COPPA”) and the FTC’s Rule interpreting COPPA (16 C.F.R. § 512). LatticeGear does not knowingly collect in any manner any Personal Information from children under thirteen (13) years of age. If you become aware that a child has provided Us with personal information without parental consent, please contact Us by email at customersupport@latticegear.com. If We become aware that a child under thirteen (13) years of age has provided Us with personal information without parental consent, We will take prompt steps to remove such information and terminate the child’s account.

10. Security.

LatticeGear takes commercially-reasonable precautions to protect your information. However, given the nature of the Internet and the fact that network security measures are not infallible, LatticeGear cannot guarantee the security of Personal Information submitted through the Site. LatticeGear also makes an off-line effort to protect your Personal Information. LatticeGear makes commercially-reasonable efforts to restrict access to Personal Information to employees who need the information to perform a specific job. LatticeGear maintains commercially-reasonable physical, electronic and managerial procedures to safeguard Personal Information LatticeGear collects

11.Dispute Resolution.

If you believe that LatticeGear has not adhered to this Privacy Policy, you may write to the LatticeGear at the following address:.

LatticeGear, LLC

Attention: Data Protection Officer

15201 NW Greenbrier Parkway Suite C-7

Beaverton, OR 97006

12. Modifications to This Privacy Policy.

LatticeGear reserves the right to make, at its sole discretion, any changes, modifications, additions or deletions to all or portions of this Policy at any time. LatticeGear recommends that you review this Policy frequently. If LatticeGear makes a material change to this Policy, LatticeGear will notify you by standard mail or e-mail, or by clear notice LatticeGear’s home page. The changes will not be effective against you until the notice has been provided and you have assented to the change through continued use of the Site.

Website Terms of Use

TERMS OF USE Welcome to the website of LatticeGear, LLC (“LatticeGear”, “We”, “Us”, or “Our”). The following terms and conditions (together with any documents referenced herein) (“Terms of Use”) apply to your use of the website at http://www.latticegear.com (the “Website”), including any content, functionality, features, applications, widgets and services offered by LatticeGear (collectively with the Website, the “Service”). Please read the Terms of Use carefully before you start to use the Website. By using the Service, you accept and agree to abide by these Terms of Use and Our Privacy Policy, found at http://www.latticegear.com, incorporated here by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must exit the Website and immediately discontinue any use of the Service.

1. Acceptance of the Terms of Use

Welcome to the website of LatticeGear, LLC (“LatticeGear”, “We”, “Us”, or “Our”). The following terms and conditions (together with any documents referenced herein) (“Terms of Use”) apply to your use of the website at http://www.latticegear.com (the “Website”), including any content, functionality, features, applications, widgets and services offered by LatticeGear (collectively with the Website, the “Service”).

Please read the Terms of Use carefully before you start to use the Website. By using the Service, you accept and agree to abide by these Terms of Use and Our Privacy Policy, found at http://www.latticegear.com, incorporated here by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must exit the Website and immediately discontinue any use of the Service.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in Our sole discretion. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you and your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes.

3. Eligibility

To access the Service, you must be eighteen (18) years old or older and have the requisite power and authority to enter into these Terms of Use. LatticeGear may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

4. Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

5. Changes to the Service; Accessing the Service

We may update the Service from time to time, but its content is not necessarily complete or up-to-date. We reserve the right to withdraw or change any part of the Service in Our sole discretion, without notice or explanation. Any of the material on the Service may be out of date at any given time, and We are under no obligation to update such material.

We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Service, or the entire Service, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Service. You are responsible for ensuring that all persons who access the Service through your internet connection or mobile device are aware of these Terms of Use, and that they comply with them.

6. Intellectual Property Rights

The entire contents of the Service (including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by LatticeGear or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on Our Website without the prior written consent of LatticeGear, except to:

6.1 Store copies of such materials temporarily in RAM;

6.2 Store files that are automatically cached by your browser for display enhancement purposes; or

6.3 Print a reasonable number of pages using the Service for a permitted use under these Terms of Use.

You must not:

6.4 Modify the paper or digital copies of any materials from this Website;

6.5 Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;

6.6 Delete or alter any copyright, trademark and other proprietary notices appearing on any illustrations, photographs, video or audio sequences, or any graphics; or

6.7 Reproduce, sell or exploit for any commercial purposes any part of the Service, access to the Service or any materials available through the Service without obtaining a license to do so from LatticeGear or its applicable licensor.

If you print, copy, modify, download or otherwise use any part of the Service in breach of these Terms of Use, your right to use the Service will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content from the Service are transferred to you, and all rights not expressly granted are reserved by LatticeGear. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

7. Trademarks

All rights in the product names, company names, trade names, logos, product packaging, and designs of all of our (or any third-party) products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of any third party.

8. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

8.1 In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

8.2 For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

8.3 To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

8.4 To impersonate or attempt to impersonate LatticeGear or a LatticeGear employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing) ; or

8.5 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Us, may harm LatticeGear or users of the Service or expose them or Us to liability.

Additionally, you agree not to:

8.6 Use the Service in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service;

8.7 Use any robot, spider or other automatic device, process or means to access the Service.

8.8 Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without Our prior written consent;

8.9 Use any device, software or routine that interferes with the proper working of the Service;

8.10 Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

8.11 Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Website or Service is stored, or any server, computer or database connected to the Website or Service;

8.12 Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

8.13 Otherwise attempt to interfere with the proper working of the Website.

9. Information About You and Your Visits to the Service

We collect and use information about you in accordance with Our Privacy Policy, the terms of which are incorporated herein by reference. By using the Service, you consent to such collection and use and you represent and warrant that all data provided by you is accurate.

10. Links from the Service

If the Service contains links to other websites and resources provided by third parties, these links are provided for your convenience only. These links include but are not limited to links from advertisers, such as banner advertisements. We have no control over the contents of third-party websites or resources, and accept no responsibility for third-party websites or resources, or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. Payments

We reserve the right to seek recovery of any money or fees remaining unpaid sixty (60) days from the date of invoice, including, but not limited to recovery through collection agencies and/or through one or more courts of competent jurisdiction, including small claims courts in jurisdictions and locations chosen by LatticeGear. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

12. Refund Policy

All payments are non-refundable. We reserve the right to offer full or partial refunds at Our own discretion.

13. Disclaimer of Warranties

You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our Website for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LATTICEGEAR NOR ANY PERSON ASSOCIATED WITH LATTICEGEAR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER LATTICEGEAR NOR ANYONE ASSOCIATED WITH LATTICEGEAR REPRESENTS OR WARRANTS THAT THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

LATTICEGEAR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

14. Limitation on Liability

IN NO EVENT WILL LATTICEGEAR, ITS AFFILIATES AND NOR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

15. Indemnification

You agree to defend, indemnify and hold harmless LatticeGear, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Service, including, without limitation, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Service.

16. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by the laws of the United States of America and the State of Oregon (without regard to its conflict of law provisions), as if the dispute or claim were a contract wholly entered into and wholly performed in Multnomah County, Oregon, independent of your actual state or country of residence.

Any legal suit, action or proceeding arising out of or relating to these Terms of Use or the Service shall be resolved exclusively in the federal or state courts located in Portland, Multnomah County, Oregon and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.

17. Waiver and Severability

No waiver of these Terms of Use by LatticeGear shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of LatticeGear to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

18. Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and LatticeGear with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto.

19. Your Comments and Concerns

This Website is operated by LatticeGear, LLC. All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: customerservice@latticegear.com

Thank you for visiting the website.