Legal

In the spirit of community, bestandfirst.co is continually working to make sure that members of our community, those that may potentially join our community, and those that are just curious all have access to and can navigate the Best and First site.

 

If you are having difficulty viewing the content or navigating the site, please email our team info@bestandfirst.com.  We will be happy to assist you!

What information do we collect?

Personal information is information that can be used to directly or indirectly identify you. Personal information also includes anonymous information that is linked to information that can be used to directly or indirectly identify you. Personal information does not include information that has been irreversibly anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you.
We will only collect and use personal information which is necessary to comply with our legal obligations and to assist us to administer our business and provide you with the services you request.
We collect information from you when you register on our site, place an order, subscribe to our newsletter or respond to a survey.
When ordering or registering on our site, as appropriate, you may be asked to enter the following information: your name, e-mail address, mailing address and phone number. You may, however, also visit our site anonymously.

What do we use your information for?

We use the information you provide to us for the specific purposes for which you provide the information, as stated at the time of collection, and as otherwise permitted by law. The information we collect from you may be used in the following ways:
• To personalize your experience
(your information helps us to better respond to your individual needs)
• To improve our website and your shopping experience
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
• To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
• To process transactions including executing your payments and delivering the purchased products or services requested.
• To administer a contest, special promotion, survey, activity or other site feature.
• To send periodic emails
The email address you provide for order processing, may be used to send you important information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
• To send periodic SMS messages
The phone number you provide during customer registration and/or order processing, may occasionally be used to send you important marketing and promotional information related to products and services that may be of interest to you.

Legal Basis for the Processing of Personal Information

If you are located in the European Economic Area (“EEA”), our processing of your personal information will be based on the following: To the extent that we obtain your consent for the processing of your personal information such processing will be justified pursuant to Article 6(1) lit. (a) of the General Data Protection Regulation (EU) 2016/679 (“GDPR”). If the processing of your personal information is necessary for the performance of a contract between you and us or for taking pre-contractual steps upon your request, such processing will be based on GDPR Article 6(1) lit. (b). Where the processing is necessary for us to comply with a legal obligation, we will process your personal information on basis of GDPR Article 6(1) lit. (c), and where the processing is necessary for the purposes of our legitimate interests, such processing will be made in accordance with GDPR Article 6(1) lit. (f).
Please note that where you have given your consent to the processing of your personal information you may withdraw your consent, for example by sending an e-mail to info@bestandfirst.com at any time which withdrawal will not affect the lawfulness of any processing previously made on basis of your consent.

Your Rights

We take reasonable steps to ensure that your personal information is accurate, complete, and up to date. You have the right to access, correct, or delete the personal information that we collect. You are also entitled to restrict or object, at any time, to the further processing of your personal information. You have the right to receive your personal information in a structured and standard format and, where technically feasible, the right to have your personal information transmitted directly to a third party. You may lodge a complaint with the competent data protection authority regarding the processing of your personal information.

To protect the privacy and the security of your personal information, we may request information from you to enable us to confirm your identity and right to access such information, as well as to search for and provide you with the personal information we maintain. There are instances where applicable laws or regulatory requirements allow or require us to refuse to provide or delete some or all of the personal information that we maintain.

You may send us an e-mail to info@bestandfirst.com to exercise your rights. We will respond to your request in a reasonable timeframe. We will take all reasonable steps to ensure that your personal data is correct and up to date.

How do we protect your information?

You are responsible for your own username and password safety and security on Bestandfirst. We recommend choosing a strong password and changing it frequently. Please do not use the same login details (email and password) across multiple websites.

That said, we do implement a variety of security measures including offering the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Our servers and website are security scanned and fully verified externally by McAfee Secure from Symantec on a daily basis to protect you online.

Do we use cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you have allowed it via your settings). This enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools for you in the future.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are however not permitted to use the information collected on our behalf except to help us directly conduct and improve our business. We use, for example, Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to help us better understand how users engage with our website. Google Analytics uses cookies in order to collect information on the usage of our website. This information is used to compile reports and create services to help us improve our website and the services associated with it. The reports disclose website trends without identifying individual visitors. The information generated by the Google cookie about your use of our website (including your IP address) may be transmitted to and stored by Google on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

On some pages of our website, third parties that provide applications through our website may set their own cookies in order to provide services, track the success of their applications or customize applications for you. For example, when you share content using a social media sharing button such as Facebook or Twitter, the social network that has created the button will record that you have done this. Because of how cookies work, we cannot access these cookies nor can the third parties access the data in cookies used by us.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting Customer Service at info@bestandfirst.com

 

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personal information. This does not include trusted third parties who assist us in operating our website, conducting our business, executing payments, delivering purchased products or services, sending you information or updates or otherwise servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.

How long do we retain your information?

We will retain your personal information for as long as it is necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by tax, accounting or other applicable laws.

Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Children’s privacy

People under 18 (or the legal age in your jurisdiction) are not permitted to use Bestandfirst.co on their own. Bestandfirst.co does not knowingly collect any personal information from children under the age of 13 and children under 13 are not permitted to register for an account or use our Services. If you believe that a child has provided us with personal information, please contact us at info@bestandfirst.com. If we become aware that a child under age 13 has provided us with personally identifiable information, we will delete it.

We do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as quickly as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at Terms and Conditions.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below.

Contact Us

If you would like to exercise one of your rights as set out above, or if you have a question or a complaint about this policy, the way your personal information is processed, please contact us via e-mail: info@bestandfirst.com

Bestandfirst.co takes Intellectual Property (“IP”) rights very seriously. This article outlines how Bestandfirst.co addresses IP disputes for content on our platform (i.e., the Services).

Important Note: This article is not intended to provide and should not be construed as legal advice for any purpose. We recommend that you consult with an attorney before submitting any legal correspondence to us, including a demand letter or a take­down request, or if you have any questions about IP rights.

In the event of any concerns or complaints about a possible violation of intellectual property rights please send us an email at ip@whosebilling.com, identifying with specificity the rights alleged to be violated and the accused product(s).  (This email address is just for intellectual rights and legal issues. Other Requests may not get responses.)

Copyrights

Bestandfirst.co has adopted a general policy regarding copyright in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). Bestandfirst.co removes material that is the subject of a compliant DMCA takedown notice. Section 512 of the DMCA provides the rules for reporting copyright infringement and for filing a counter-notification.

If you’re not sure whether material on bestandfirst.co infringes on your copyright, please consult with an attorney before filing a DMCA notification. Misrepresenting that material infringes on your copyright may subject you to liability for damages, including costs and attorneys’ fees incurred by Respondents or other parties. If you think someone is infringing your copyrighted content on the bestandfirst.co platform, you may contact us and send us a takedown notice for that content. Before you send us a takedown notice, please be sure that it has all the elements listed below, or your notification will not be considered complete. We are not required to take any action on incomplete DMCA notices.

Your DMCA notification must include substantially the following (please note that all information must be submitted in English):

  1. A physical or electronic signature (typing your full name will suffice) of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complainant”);
  2. Identification of the copyrighted work claimed to have been infringed (, a link to your original work), or, if multiple infringed works at a single online website are covered by a single notification, a representative list of such works at that website;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit bcoto locate the material;
  4. Information reasonably sufficient to permit bcoto contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted;
  5. A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly

If you are reporting the content of a comment, you must include a screenshot or otherwise specify the location of the alleged infringing material. A LINK TO A PROFILE PAGE, WITHOUT MORE, IS INSUFFICIENT FOR BESTANDFIRST.CO TO IDENTIFY INFRINGING MATERIAL.

How do I report a copyright violation?

 Once you have all the information you need for your copyright infringement notification, please send the complete notification to bestandfirst.co by email.

Email: info@bestandfirst.com

What happens after bestandfirst.co receives the notice? 

When we receive a complete DMCA takedown notice, our policy is to remove the infringing material or disable access to a campaign until the dispute is resolved or the DMCA process is complete. We will also forward a copy of the notification to the bestandfirst.co User responsible for the alleged infringing material, along with the Complainant’s contact information.

What if I’m the bestandfirst.co User and I want to dispute the DMCA takedown notice?

If you are the bestandfirst.co User who received a DMCA notification and whose material was removed (the “Respondent”), and you believe that your material has been removed or disabled by mistake or misidentification, you will have 5 (five) business days from your receipt of the infringement notice to dispute the claims in a counter notice. You can do so by submitting a complete counter notification by email. Please note, we are not required to act on incomplete DMCA counter notifications.

For the counter notification to be complete, it must include substantially the following (please note that all information must be submitted in English):

  1. A physical or electronic signature of the Respondent;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. The name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the

If you would like to be able to remove the contested material and bestandfirst.co has disabled access to your bestandfirst.co account or Campaign after we forward a DMCA notification to you, please contact us. We may decide, in our sole discretion, to briefly reactivate your account for the sole purpose of allowing you to remove the contested material. Failure to follow bestandfirst.co’s instructions regarding reactivation may result in permanent suspension of the Respondent’s bestandfirst.co account.

Under the DMCA, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

What happens next?

After we have received your completed counter notification, we will forward the counter notification to the Complainant. We may then decide, in our sole discretion, to reinstate the removed material or suspended bestandfirst.co account between ten (10) to fourteen (14) business days following bestandfirst.co’s receipt of the counter notification, unless we receive written notice from the Complainant that they have filed an action seeking a court order relating to the unauthorized use of the copyrighted material.

As a reminder, if you fail to provide the information or otherwise follow the procedures outlined above, we will take no action.

 

Trademarks

The DMCA does not cover trademark infringement, and bestandfirst.co has a different process when it comes to certain types of trademark-infringement claims.

If you are a trademark owner and you believe that your trademark is being infringed, please note that bestandfirst.co is not in a position to mediate trademark disputes between users and trademark owners. As a result, before reporting a trademark violation to bestandfirst.co, trademark owners should make every attempt to resolve the trademark dispute directly with the user who posted the material in question.

What types of trademark violations can I report to bestandfirst.co?

If you are unable to reach a resolution with the bestandfirst.co user, you may report violations of only registered word, phrase, symbol, and/or design marks.

For unregistered trademarks and all other types of trademarks, including trade dress and nontraditional marks such as sounds, smells, and colors, the process outlined below does not apply and we require a valid court order before we can take any action on those types of trademark-infringement claims.

How do I report a trademark violation?

If you believe that your registered word, phrase, symbol, and/or design mark is being infringed on the bestandfirst.co platform, you may email the following information to info@bestandfirst.com (please note that all information must be submitted in English):

  1. The coURL of infringing campaign;
  2. The trademarked word, phrase, symbol, and/or design, including sufficient information for coto identify where it is used on the bestandfirst.co platform;
  3. The trademark registration number;
  4. The trademark registration office (, USPTO);
  5. The trademark owner’s name and street address;
  6. Your contact information, including your full legal name, your email address (please use company email address), and your title;
  7. An explanation of how the user or campaign is violating the trademark (please provide specific grounds for your complaint);
  8. A statement under penalty of perjury that you have a good-faith belief that the challenged material violates the trademark owner’s rights;
  9. A statement under penalty of perjury that the information in the complaint is accurate and that you are the trademark owner or are authorized to act on the trademark owner’s behalf;
  10. A statement that you understand that third parties, including the affected couser, may receive a copy of your infringement complaint; and
  11. Your physical or electronic signature (typing your full name will suffice).

Misrepresenting that material infringes on your trademark may subject you to liability for damages, including costs and attorneys’ fees. And remember, only the trademark owner or their authorized representative may file a report for trademark infringement.

What happens after bestandfirst.co receives the notice?

When bestandfirst.co receives a complete trademark infringement notice for a covered trademark violation (as explained above), we will review your submission, and take whatever action we deem appropriate—in our sole discretion. The response to such notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the infringing user’s account.

 

 

Patents

 If you believe that a campaign is offering an item or service that infringes on a valid and enforceable patent, please follow the process below and submit your complaint to info@bestandfirst.com. Remember to include all the following information in your message:

  1. A valid patent registration number and a court or agency order finding infringement of the patent by material on the coplatform;
  2. The coURL of infringing campaign;
  3. Your full legal name;
  4. Your email address (please use company email address);
  5. Company name (optional);
  6. Company street address (optional);
  7. A statement that you understand that comay provide third parties, including the affected user, with a copy of this complaint; and
  8. A statement under penalty of perjury that the information in this complaint is true and correct and that you are the patent holder or are authorized to act on the patent holder’s behalf.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your patent(s).

We will review claims of patent infringement and remove from public view any campaign that is the subject of a court order finding infringement.