PRODUCT SALES

AUTO CHECKOUT SERVICE TERMS & CONDITIONS

By purchasing our shoe securing service you (the Buyer) are us (Hyped Soles™) as an Independent Contractor to purchase and supply a pair of shoes and/or products for you from suppliers (footlocker.com, eastbay.com, champssports.com, footaction.com, finishline.com, yeezysupply.com, adidas.com). 

This means that you (Buyer) are contracting us (Hyped Soles™) to purchase a pair of sneakers for you online. We purchase the shoe with the shipping/billing details that you provided, on your behalf. You are paying Hyped Soles™ a service charge to use our automated systems to purchase the shoes for you; not for the shoe itself. You agree that you are paying a service fee for our service and not a sneaker and/or product.

We advertise securing orders but have no control over the outcome of the service due to but not limited to suppliers' intervention, site changes, program errors, coding errors, human error, 3rd party interference, etc. We guarantee that we will do our job and try our best to purchase the shoe on your behalf. 

You agree that any money spent on our services are non-refundable unless otherwise stated in our Refund Policy. Any chargebacks (Bank and credit card fraud and or reversals) will result in a cancellation of any services obtained. We reserve the right to use your information to fight any charge-backs including any personal information we have for you. We reserve the right to present your information to our lawyers for legal action against any charge-backs. You agree that any refunds that are due to be issued are to be issued at our sole discretion. We (Hyped Soles™) agree to refund 100% of all money obtained from the buyer if we feel the service was not completed AT OUR SOLE DISCRETION.

After our service is completed the contract shall be terminated. You agree that Hyped Soles™ will no longer be responsible for anything that happens once we purchase the shoe for you. You agree that any cancellations or product error is your responsibility and to not hold Hyped Soles™ liable for anything. Shipment of wrong products, wrong size of the product, sold out products or errors on suppliers' websites might occur. After the contract has been terminated you agree that no refund will be given due to services having been already rendered. 

Text Marketing and notifications

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 15 a month. You acknowledge that consent is not a condition for any purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

 

For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.”

 

Google Analytics

This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called “cookies”. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

Google Analytics cookies are stored based on Art. 6 (1) (f) GDPR. We  have a legitimate interest in analyzing user behavior to optimize both our website and advertising.

 

Analytics and Advertising

 

Google Analytics Remarketing

Our websites use the features of Google Analytics Remarketing combined with the cross-device capabilities of Google AdWords and DoubleClick. This service is provided by Google Inc., 1600 Amphitheater Parkway,Mountain View, CA 94043, USA.

This feature makes it possible to link target audiences for promotional marketing created with Google Analytics Remarketing to the cross-device capabilities of Google AdWords and Google DoubleClick. This allows advertising to be displayed based on your personal interests, identified based on your previous usage and surfing behavior on one device (e.g. your mobile phone), on other devices (such as a tablet or computer).

Once you have given your consent, Google will associate your web and app browsing history with your Google Account for this purpose. That way, any device that signs in to your Google Account can use the same personalized promotional messaging.

To support this feature, Google Analytics collects Google-authenticated IDs of users that are temporarily linked to our Google Analytics data to define and create audiences for cross-device ad promotion.

You can permanently opt out of cross-device remarketing/targeting by turning off personalized advertising in your Google Account; follow this link: https://www.google.com/settings/ads/onweb/.

The aggregation of the data collected in your Google Account data is based solely on your consent, which you may give or withdraw from Google per Art. 6 (1) (a) GDPR. For data collection operations not merged into your Google Account (for example, because you do not have a Google Account or have objected to the merge), the collection of data is based on Art. 6 (1) (f) GDPR. We has a legitimate interest in analyzing anonymous user behavior for promotional purposes.

For more information and the Google Privacy Policy, go to: https://www.google.com/policies/technologies/ads/.

 

Google AdWords and Google Conversion Tracking

 

Our website uses Google AdWords. AdWords is an online advertising program from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States (“Google”).

As part of Google AdWords, we use so-called conversion tracking. When you click on an ad served by Google, a conversion tracking cookie is set. Cookies are small text files that your internet browser stores on your computer. These cookies expire after 30 days and are not used for personal identification of the user. Should the user visit certain pages of the website and the cookie has not yet expired, Google and the website can tell that the user clicked on the ad and proceeded to that page.

Each Google AdWords advertiser has a different cookie. Thus, cookies cannot be tracked using the website of an AdWords advertiser. The information obtained using the conversion cookie is used to create conversion statistics for the AdWords advertisers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, advertisers do not obtain any information that can be used to personally identify users. If you do not want to participate in tracking, you can opt-out of this by easily disabling the Google Conversion Tracking cookie by changing your browser settings. In doing so, you will not be included in the conversion tracking statistics.

Conversion cookies are stored based on Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in analyzing user behavior to optimize both our website and advertising.

For more information about Google AdWords and Google Conversion Tracking, see the Google Privacy Policy.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website. 

 

Facebook, Custom Audiences and Facebook Marketing Services

 

Due to our legitimate interest in the analysis, optimization and economic operation of our online offer and for these purposes within the meaning of Art. 6 (1) f. of the GDPR we use the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook").

Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law.

With the help of the Facebook pixel, Facebook is on the one hand able to determine the visitors of our online offer as a target group for the presentation of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display our Facebook ads only to Facebook users who have shown an interest in our website or who have specific characteristics (e. g. interests in certain topics or products determined by the websites visited) that we submit to Facebook (so-called "custom audiences"). With the help of the Facebook pixel, we also want to make sure that our Facebook ads are in line with the potential interest of users and do not have a nuisance effect. Using the Facebook pixel, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users have been redirected to our website after clicking on a Facebook ad (so-called "conversion tracking").

The Facebook pixel is directly integrated into our website by Facebook and can store a so-called cookie, i. e. a small file, on your device. If you then log in to Facebook or visit Facebook when you are logged in, your visit to our online offer will be noted in your profile. The data collected about you is anonymous for us, i. e. it does not allow us to draw conclusions about the identity of the users. However, the data is stored and processed by Facebook so that it can be linked to the respective user profile and used by Facebook as well as for its own market research and advertising purposes. If we transfer data to Facebook for comparison purposes, it is encrypted locally in the browser and only then sent to Facebook via a secure https connection. This is done with the sole purpose of matching the data encrypted by Facebook.

Furthermore, when using the Facebook pixel, we use the additional function "advanced matching", in which inventory data such as telephone numbers, e-mail addresses or users' Facebook IDs is transmitted to Facebook (encrypted), but solely to create target groups ("Custom Audiences"). Users agree our use of the "advanced matching" and the related processing of their data.

Based on our legitimate interests, we also use the "Custom Audiences from File" function of the social network Facebook, Inc. in which case inventory data (phone numbers, email addresses, Facebook IDs) will be uploaded to Facebook. The upload process is encrypted. The upload serves solely to identify recipients of our Facebook ads. We want to ensure that the ads are only displayed to users who are interested in our information and services. Users agree our use of the " Custom Audiences from File" function and the related processing of their data.

Facebook's processing of the data is governed by Facebooks Data Usage Policy. Accordingly, general instructions on how to display Facebook ads, in the Facebook Data Usage Policy: https://www.facebook.com/policy.php. For specific information and details about the Facebook pixel and how it works, please visit the Facebook Help Center: https://www.facebook.com/business/help/651294705016616. 

You may object to the collection by the Facebook pixel and use of your data to display Facebook ads. To set what kind of ads you see on Facebook, you can go to the page set up by Facebook and follow the instructions on how to set up use-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i. e. they are applied to all devices, such as desktop computers or mobile devices.

You may also object to the use of cookies for measuring range and advertising purposes via the Network Advertising Initiative's deactivation page (https://optout.networkadvertising.org/) and additionally via the US website (https://www.aboutads.info/choices) or the European website (https://www.youronlinechoices.com/uk/your-ad-choices/).

 

Your rights in relation to your personal data

 

You have the following rights in relation to your personal data, which you can exercise by sending an email to hypedsoles@cooksessions.club

• to request access to your personal data and information related to our use and processing of your personal data;
• to request the correction or deletion of your personal data;
• to request that we restrict our use of your personal data;
• to receive personal data which you have provided to us in a structured, commonly used and machine-readable format (e.g. an Excel spreadsheet) and the right to have that personal data transferred to another data controller (including a third party data controller);
• to object to the processing of your personal data for certain purposes (for further information, see the section below entitled 'Your right to object to the processing of your personal data for certain purposes'); and
• to withdraw your consent to our use of your personal data at any time where we rely on your consent to use or process that personal data. If you withdraw your consent, this will not affect the lawfulness of our use and processing of your personal data on the basis of your consent before the point in time when you withdraw your consent.

 

Your right to object to the processing of your personal data for certain purposes

 

You have the following rights in relation to your personal data, which you may exercise in the same way as you may exercise the rights in the preceding section (Your rights in relation to your personal data):

• to object to us using or processing your personal data where we use or process it in order to carry out a task in the public interest, where we do so in the exercise of official authority or for our legitimate interests, including 'profiling' (i.e. predicting your behaviour based on your personal data) based on any of these purposes; and
• to object to us processing your personal data for direct marketing purposes (including any automated evaluation we make about you or any of your characteristics as a person, to the extent that it is related to such direct marketing).

You may also exercise your right to object to us using or processing your personal data for direct marketing purposes by:

• clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link; or
• sending an email to hypedsoles@cooksessions.club asking that we stop sending you marketing communications or by including the words "OPT OUT".

Whenever you object to direct marketing from us by a different communication method to that of the marketing communications you have received from us, you must provide us with your name and sufficient information to enable us to identify you in relation to the communications you have received (for example, if you have received text messages from us and you wish to unsubscribe by email, we may need you to provide us with your phone number in that email).

 

Consequences of not providing your personal data to us

 

Where you wish to purchase goods or services from us, we require your personal data in order to enter into a contract with you. We may also require your personal data pursuant to a statutory obligation (in order to be able to send you an invoice for products and services you wish to order from us, for example).

If you do not provide your personal data, we will not be able to enter into a contract with you or to provide you with those products or services.

 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HYPED SOLES™ HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE 

IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.