Effective Date: June 9, 2020
Welder 101, LLC (“Welder 101” or the “Company,” “we,” “us,” or “our”) has created a how to weld video series for entertainment and information purposes only. Steve Darnell, Welder Up and Welder 101 do not make any warranties about the completeness, reliability, adequacy, validity, or accuracy of the information. Under no circumstances shall Steven Darnell, Welder Up and Welder 101 have any liability to you for any loss or damage of any kind incurred as a result of the use of this information. Any action you take based upon information provided on this video is strictly at your own risk.
Your host, Steve Darnell, is the owner of Welder Up located in Las Vegas, NV. He is well known for his welding and fabrication skills, which caught the eye of the Discovery Channel and were the basis for the TV show “Vegas Rat Rods”. These talents, along with an awesome crew, create the wild rides Welder Up has become famous for. Steve’s creativity doesn’t stop there. He has also produced short films, music videos, and creative man-interior designs. and those experiences have formed the basis for “Vegas Rat Rods” as seen on the Discovery Channel.
Welder 101 was created to answer the many questions I receive daily about welding and fabrication skills. My goal with building this video library is to show you all of the tips and tricks I have learned over my 30+ years of welding and fabrication.
We collect personal information you choose to share with us and our partners for a number of reasons, the primary one of which is so we can provide you with a more customized experience and determine other products, events, and/or services that you might be interested in and bring those to your attention.
Information we collect
We may collect information directly from you, automatically through your use of our Services, and from third parties who collect analytic data about our Website traffic and use. We may combine all of the information we collect about you from these various sources.
- Information we collect directly from you. When you register an account, subscribe to our Newsletter, purchase products, or otherwise sign up for the Services, you may provide us with certain information that can identify you as an individual, including but not limited to your name, email address, credit or debit card information, shipping or billing address (collectively, “Personal Information”). Further, when you register for the Services, you may be asked to create a password for your account. You may also be requested to provide secret questions and secret answers. We may store the information described in this paragraph.
- Information we collect about you from third parties. We may collect information about you from third parties. For example, we may collect demographics information from public sources and from third-party data and analytics companies, such as Google Analytics.
- Information we collect automatically through your use of our Services. We may automatically collect information about your use of our Services and your orders, including but not limited to your Internet protocol (“IP”) address, which we may also use to establish your geolocation; the type of device and web browser you are using; the website that led you to our website; the website you visit after leaving our website; the pages you view on our website; the dates and times you access our Services; and information about any orders you place, such as your order identification number, items ordered and the cost of your order.
How we use your information
Welder 101 may use your information, including Personal Information for the following purposes:
- Providing the Services. To facilitate your orders, and to operate and administer your account; to provide you our Newsletter; to respond to your questions or requests; to provide you with news or other information we think may interest you; to communicate with you about your account, orders or use of our Services or for other informational purposes; to improve our Services; and for other account or customer support-related purposes. For example, we may use your email address to send you a welcome email message when you first register informing you about the Services and telling you how to manage your Welder 101 account. You may be required to respond to this email in order to validate that you are the owner of the email address associated with the Welder 101 account. If applicable, failure to respond to the email and verify the address within the time stated in the email will cause the Welder 101 account to become inactive. This process is designed to verify the validity of the email address and to help prevent email addresses from being used without permission in the creation of Welder 101 accounts. We may also send you email about periodic service updates, recommended security updates, or surveys related to our Services or other matters. These periodic emails are considered essential to the provision of the Services you have requested. If you unsubscribe from these mailings, we will not be able to provide certain Services to you.
- Research and analytics. To analyze how customers use our Services; to analyze how customers interact with marketing or other communications we send to them; and for other research, analytical and statistical purposes.
- Protecting rights and interests. To investigate, protect or defend the rights, safety or property of Welder 101, our customers or the public; to investigate or enforce perceived violations of our Terms of Service or this Policy; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.
- We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent.
- We may process your account data ("account data"). The account data may include your name, email address and billing/shipping addresses. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business or the performance of a contract between you and us..
- We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
- We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is consent.
- We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
- We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
- We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
- We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
- We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
- In addition to the specific purposes for which we may process your personal data set out in this Section , we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
- Please do not supply any other person's personal data to us, unless we prompt you to do so.
How we share your information
Welder 101 may share your information, including Personal Information, with the following types of third parties:
- Service providers. Welder 101 uses third-party service providers, vendors, agents, contractors or others to provide services on our behalf or to fulfill a service or transaction you may have requested, such as answering customer support inquiries, fulfilling merchandise orders, delivering packages, credit card payment processing, etc. Welder 101 will only provide these companies with your Personal Information to the limited extent necessary to deliver the services.
We will obtain consent for such sharing with service providers where legally required. We enter into written agreements with these third-party service providers requiring them to provide the same level of protection for your Personal Information as provided under this Policy and limiting their use of your Personal Information to the specified services provided on our behalf.
- Other unaffiliated third parties. With your separate written consent, Welder 101 may share your information directly with third parties, including so they may send you marketing offers directly. The information that we share with such third parties may include, without limitation, your email address, billing address, shipping address and order information, e.g., total price.
- We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
- We may disclose your name, address and contact telephone to our suppliers. This includes Squarespace, Shopify, Printful inc. or Teachable insofar as reasonably necessary for the fulfilment and delivery of the product or service you have purchased.
- Financial transactions relating to our website and services are handled by our payment services providers, Paypal, Stripe and Shopify. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://www.paypal.com/en/webapps/mpp/ua/privacy-full.
- In addition to the specific disclosures of personal data set out in this Section , we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
Welder 101 may also share your information, including Personal Information and/or Content, in the following contexts:
- Sale or acquisition of assets. Welder 101 may share your information if we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, if we are transferred to another company, in the event of a bankruptcy, or as part of any other business transfer. If the surviving entity in such a transaction is not Welder 101, the surviving entity may use your information pursuant to its own privacy policies, which may be different from this Policy.
- Legal compliance. Welder 101 may share your information to comply with laws, regulations, legal process, e.g., a warrant or subpoena or guidance; and to respond to governmental requests, e.g., requests from a regulator.
- Aggregate or anonymous information. Welder 101 may share anonymized or aggregated information (“Aggregate Information”) to third parties without restriction. Aggregate Information may include overall usage patterns of Welder 101 users, the total number of Welder 101 users, the percentage of Welder 101 users who are female, or in a certain age range, or who live in a particular region, etc., or the percentage of Welder 101 users who are also consumers of various other products and services. Aggregate Information may be compiled in reports and disclosed, sold, licensed or rented to third parties. However, since Aggregate Information does not include any information that can be used to individually identify you or any other Welder 101 user, it is not possible for the third party recipient of the Aggregate Information to use it to identify or contact you. For example, we may share Aggregate Information to inform a third party’s decision on whether to place advertisements on our Services or on other websites. These companies may use such information about your visits to the Services and other websites to provide advertisements on the Services and other websites.
- We have subcontractors fulfilling products and services in the USA and Latvia. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from us.
- The hosting facilities for our website are situated in germany, United States. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from us.
- Website hosting, video hosting and merchandise fulfilment are situated in United States, Latvia. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from us.
Retaining and deleting personal data
This sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
- Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
- We will retain your personal data as follows:
- Name, Shipping/Billing Address, email, phone number will be retained for a minimum period of 1Y following transaction, and for a maximum period of 5Y following transaction.
- In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
- the period of retention of Name will be determined based on use.
- Notwithstanding the other provisions of this section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Cookies and other tracking mechanisms
We may automatically collect information about you through the use of common information-gathering tools, as well as new tracking technologies that develop as technology evolves. The tools that we or our service providers may use to track you include the following:
- Web beacons/clear GIFs. Clear graphics interchange format images (“GIFs”) are tiny graphics with a unique identifier, similar in function to cookies that are embedded invisibly on web pages or in emails. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags) in connection with our Services to track the activities of visitors to our Website, and help us manage content and compile statistics about usage of our Services. We or our service providers may also use clear GIFs in emails to our users, to help us track email response rates, identify when our emails are viewed and track whether our emails are forwarded.
Social media plug-ins
On certain pages of the Website we may implement so-called “social media” plug-ins, in particular Facebook’s “like” button, YouTube’s “thumbs up” / “thumbs down” buttons, Instagram’s “♡” / “comment” buttons, and Twitter’s “comment” / “retweet” / “♡” buttons. When you visit a page that displays one or more of such buttons, your browser will establish a direct connection to the relevant social media server and load the button from there. At the same time the provider of the social media service will know that the relevant page on the Website has been visited.
We have no influence on the data that any such social media provider collects on the basis of the buttons. According to the available information, however, if you do not click on the respective buttons, none of your personal data will be collected and stored unless you have logged onto to your social media account. In that case, certain user data (including your IP address at the time) may be collected and linked to the account information already present at the social media service. If you wish to prevent this, please log out of your social media accounts before visiting the Website.
In addition, clicking a button may also lead to a collection of certain data, such as your IP address. Social media providers such as Facebook, Instagram, YouTube, or Twitter may set cookies as well, unless you have disabled the acceptance and storage of cookies in your browser settings (see above).
We receive no information from social media providers about which social media buttons you may personally have clicked or seen on the Website. If at all, we may receive a summarized, non-personalized statistical report on the use of the buttons.
California do not track disclosure
Our Website does not respond to do not track signals, e.g., the Mozilla Firefox Do Not Track feature, though you may be able to disable certain tracking as discussed above, e.g., by disabling cookies. There is still no universally accepted standard regarding tracking, but for more information about do not track signals, please click here.
Currently, we do not use third-party marketing or advertising services to serve advertisements on our Website and on third-party websites or other media, e.g., social networking platforms to allow third parties to target advertisements to you for products and services in which you might be interested. If, however, you believe that you may be receiving third-party marketing or advertisements that you do not wish to receive, if you are in the United States, you may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or advertisements to you, but it does not mean you will no longer receive any advertising through our website or on other websites. Please note that even if you opt out, you may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective.
Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
The service providers we use for online advertising may change. By visiting our Website, you accept and consent to our use of third party marketing or advertisement services to serve advertisements to you.
- Account information. You can update or make changes to the registration information stored in relation to your account. This is accessible by signing in to the Website in which you are registered. You may access your Personal Information, update your Personal Information or cancel your account by contacting [email protected] Please note that we may retain your Personal Information with respect to your purchase transactions on our website indefinitely for certain legitimate business purposes, including for tax audit and accounting purposes and to protect against fraud.
- Data access, correction and deletion. You may have the right to access the Personal Information that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of this Policy. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your Personal Information, you can submit a written request using the contact information provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.
- Data retention. We will retain your Personal Information only for as long as reasonably necessary for the purposes described in this Policy. Please be aware that we may also be required to retain your Personal Information for legal and accounting reasons.
- Communications from Welder 101. We may send periodic promotional or informational emails to you, about Welder 101 and other third-party information and offers. In the event you do not wish to receive such emails from Welder 101, you may opt out of such communications by following the opt-out instructions contained within the body of any email message you receive or by emailing us at [email protected] and request that you no longer receive communications from us. It may take us up to ten (10) business days to process your opt out request. Even if you have opted out of receiving marketing and promotional emails from us, we may still send you transactional emails, such as emails about your account or the services you have requested from us.
- Online advertising. Please see our Online advertising section above for more information about your choices regarding online interest-based advertising.
Your California privacy rights
If you are a California resident, you may request certain information regarding our disclosure of your Personal Information to third parties for their direct marketing purposes during the prior calendar year under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83). You may make one (1) request per calendar year. In your request, please affirm that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at [email protected]. Please allow up to thirty (30) days for a response.
Your EU resident rights
If you are a resident of the European Union or the European Economic Area, you have certain rights under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), including the right to lodge a complaint with the data protection supervisory authority of your country, if you believe we have breached your data protection rights and we have not adequately addressed your concerns.
We will not transfer Personal Information that is subject to the GDPR to any country that has not been deemed by the European Commission to provide adequate protection for personal data unless those transfers are subject to appropriate safeguards recognized by the European Commission.
If you wish to receive your Personal Information from us, we will provide such information to you in a structured, commonly used and machine-readable format, and you have the right to transmit such Personal Information to another controller without hindrance from us (data portability).
You can also request access, correction, updates or deletion of your Personal Information, object to processing of your personal information, and/or ask us to restrict processing of your Personal Information.
If we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
You have the right to withdraw your consent to our collection and/or processing of your information at any time by contacting us.
You have the right to complain to a data protection authority about our collection and use of your personal information. Contact details for data protection authorities in the EEA, Switzerland and certain non-European countries (including the US and Canada) are available here.)
When the processing of your personal data is for directly marketing purposes, you have the right to object to subject processing.
How we protect your information
We use a variety of security technologies and procedures to help protect information from unauthorized access, use or disclosure. For example, we limit internal access to our servers and have physical, electronic, and administrative safeguards in place that are designed to protect your information.
However, the transmission of information via the Internet is not completely secure, or method of electronic storage, is 100% secure, and we cannot guarantee the security of information transmitted through our Services. We cannot ensure or warrant the security of any such information, and you provide such information at your own risk.
You can also take steps to help protect your information. For example, if you have an account with us, you should take steps to protect against unauthorized access to your account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private.
Our Services are not targeted to children under thirteen (13) years of age and we do not knowingly collect Personal Information from children under 13. In addition, for children between the ages of 13 and 18, we permit the use of our Services only under the supervision and with the written consent of a parent or legal guardian. If we discover that we have inadvertently collected Personal Information from a child under 13, or from a child between the ages of 13 and 18 without the written consent of a parent or legal guardian, we will promptly take measures to delete that Personal Information from our systems.
Our Services may contain links to other websites. Your use of an external website is subject to and governed by the terms and policies of that website. Welder 101 is not responsible for the privacy practices of such other websites. We encourage our users to read the privacy statements of each and every website they visit.
Changes to this Policy
This Policy was last updated as of the “Last Modified” date above. Welder 101 may update this Policy from time to time, including to comply with changes in regulatory requirements. If any material changes are made, you will be notified by email or by means of a notice on our website. We encourage you to periodically review this page for the latest information on our privacy practices.
Your acceptance of these terms
Contacting Welder 101
If you have any questions or comments about this Policy, or to exercise your rights under this Policy, please contact us using the information below.
Welder 101, LLC
P.O. Box 12001
Bozeman, MT 59719-2001