Legal and Privacy Notices
Legal and Privacy Notices
This Website (the “Website”) is provided by Celestron Acquisition, LLC (“Celestron”).
2835 Columbia St,
Torrance, CA 90503
Celestron operates this Website to provide online access to information about Celestron’s products, services, and opportunities (the “Service”). Your use of this Website is subject to these Terms and Conditions of Use (the “Terms”). Please read the Terms carefully before accessing this Website. The Terms constitute a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify the Terms in Celestron’s sole discretion.
Your use of this website constitutes your agreement to be bound by and comply with all of the terms. If you do not agree, please close this window now.
Use of Materials on This Site
You may use the Service, the Website, and the information, writings, images and/or other works that you see and hear on the Website (the “Content”) solely for non-commercial and personal purposes. No right, title to or ownership interest in any Content is being transferred to you as a result of downloading such Content or otherwise. Celestron reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by these Terms, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from this Website or the Service. In using this Website, you must respect the intellectual property rights of Celestron and others, as outlined below. Your unauthorized use of Content may infringe copyright and trademark laws and violate other laws resulting in civil and criminal liability.
This Website and the Content are protected by U.S. copyright laws and international copyright treaties. The Website and the Content are owned by Celestron or used with permission. Celestron disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties.
Except as set forth in these Terms or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of the Content in temporary storage on one personal computer for your personal, non-commercial viewing and use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in these Terms may be construed as conferring any right to use or display any Content in any form.
Celestron respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution via this Website, please contact the webmaster at email@example.com.
Celestron and its authorized agents own the trademarks, logos, and service marks displayed on this Website (collectively, the “Trademarks”). All Trademarks not owned by Celestron are the property of their respective owners, and are used with permission. You agree not to use or display any of the Trademarks without permission from the trademark owner, except as permitted by law. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
Permitted Links to This Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are created using our link generator, (b) Trademark graphics are provided by our link generator, (c) the links and related content on your site do not suggest any affiliation with Celestron or cause confusion among consumers, (d) the links and related content on your site do not portray Celestron or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purpose. You may not mirror or frame the home page or any other pages of this Website on any other web site or web page.
Links on This Website to and from Other Sites
Banners, Advertisements and Promotions
Celestron reserves the right to post banners, advertisements, promotions, and similar content on the Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Celestron disclaims all liability in connection therewith.
Celestron cannot and does not guarantee or warrant that files available for downloading through this Website will be free from software viruses or other harmful computer code, files or programs.
Disclaimer of Warranties
THIS WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CELESTRON MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THIS WEBSITE, THE SERVICE OR THE CONTENT. CELESTRON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THIS WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED VIA THIS WEBSITE. CELESTRON DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THIS WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THIS WEBSITE OR THE SERVICE WILL BE CORRECTED.
Limitations of Liability
IN NO EVENT WILL CELESTRON BY LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING FROM OR RELATING TO (1) THE USE OF OR INABILITY TO USE THIS WEBSITE, THE SERVICE, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THIS WEBSITE, (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS WEBSITE, THE SERVICE, OR THE CONTENT, OR (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, EVEN IF CELESTRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE THEREOF.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CELESTRON’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED THE FEE YOU HAVE PAID TO ACCESS THE WEBSITE, IF ANY.
You understand that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless Celestron, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees arising from or relating to your misuse of or inability to use the Website, the Service, or the Content, or any violation by you of the Terms.
You have the option of signing up for Celestron’s mailing list or submitting photographs to Celestron. To sign up for the mailing list or submit a photograph, you must first submit information including a valid email address and certain other personal and contact information. Your personal and contact information will not be disclosed to any other organization without your prior consent. If you choose to sign up for the mailing list, you may receive regular emails from this Website as well as emails from third party sponsors. If you do not wish to receive emails from third party advertisers, do not sign up for the mailing list. Celestron and its successors and assigns is the sole owner of the information collected on the Website.
Though we make every effort to preserve user privacy, Celestron may need to disclose personal information if required to do so by law, or in the good faith belief that such disclosure is reasonably necessary to respond to a court order or other legal process.
Celestron may also disclose information about its users to law enforcement officers or others in the good faith belief that such disclosure is reasonably necessary to enforce the terms, respond to claims that any Service or Content violates the rights of third parties, or to protect the rights, property, or personal safety of Celestron, Celestron’s Website users, or the general public.
EEA Privacy Notice – Website Users in the EEA
Although our Website does not offer ecommerce services to customers within the European Union, we may collect, use and be responsible for certain limited personal information about you when you use the Website. When we do so we are subject to the General Data Protection Regulation, which applies across the European Union (including in the UK) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.
Personal Information We Collect about You
We may collect the following personal information about you via the Website: (i) your name; (ii) your email address; (iii) street address; and (iv) phone number.
We may also collect: (i) any personal data that you submit via the forms on our Website; and (ii) technical information such as traffic statistics, conversion data, audience demographic data, trackin codes and IP addresses.
How your Personal Information is Collected
We collect personal information directly from you via our Website. We may also collect information from cookies on our Website (more information is set out below) and from our IT systems and via the following channels:
The Website uses the Google Universal Analytics tracking code. This provides traffic statistics, conversion data, and audience demographic data.
The Website uses the Facebook tracking pixel. This allows us to track user interactions with our site and use that data to inform the targeting logic of our Facebook advertisements. These advertisements currently only target US users, but global user data is used to develop the audience targets.
Klaviyo (email platform) tracking code
The Website uses the tracking code provided by our email marketing platform Klaviyo. This is used to track ecommerce conversions generated by our email campaigns and allow us to build user targeting data for future marketing campaigns.
How and why we use your Personal Information
Under EU data protection law, we can only use your personal information if we have a proper reason for doing so, for example: (i) for the performance of a contract with you or to take steps at your request before entering into a contract; (ii) to comply with our legal and/or regulatory obligations; (iii) for our legitimate interests or those of a third party; or (iv) where you have provided consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
We may also use the information we collect from you for our legitimate interests of sending marketing communications, communicating with you (for instance, to deal with your queries) and registering your product with us.
We may use your personal information to send you updates by E-mail about our services, events, news and promotions.
Where you are an individual recipient, we will not send electronic marketing communications to you unless you have consented to this. Where you have provided your contact details as part of a negotiation of a sale or provision of services with us, we may send you marketing communications to you as an existing customer about similar products we think you may be interested in, however we will always give you the chance to opt-out or unsubscribe from these communications if you wish.
You have the right to opt-out of receiving promotional communications at any time by contacting us at firstname.lastname@example.org.
We may ask you to confirm or update your marketing preferences in future, or if there are changes in the law, regulation or the structure of our business.
Who we Share your Personal Information With
We may disclose your personal information to any member of our corporate group, including any subsidiaries, ultimate holding company, or subsidiaries of that holding company.
We may share also your personal information with:
- Facebook Pixel: to enable us to track user interactions with our Website and use that data to develop audience targets. We do not currently use this information to target advertisements at non-US users.
- Google Analytics: to collect information about web traffic statistics, conversion data and audience demographic data, to help us understand how you use the Website.
- Simulation Curriculum: Our products ship with a marketing insert that allows customers to register their product through Simulation Curriculum. Simulation Curriculum shares the registrant data with us, which we use for advertisement targeting as well as email targeting and segmentation.
- Klaviyo: We use the tracking code provided by the Klaviyo marketing platform. This is used to track ecommerce conversions generated by our email campaigns and allow us to build user targeting data for future campaigns.
Occasionally, we may need to disclose your personal data to third parties where necessary for the legitimate interests of business or in order to comply with legal obligations:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- if Celestron Acquisition, LLC or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or
How long your Personal Information will be Kept
We will keep your personal information for as long as is necessary:
- to respond to any questions, complaints or claims made by you or on your behalf;
- to show that we treated you fairly; and
- as required by law.
We will not retain personal information for longer than is necessary for the purposes set out in this Privacy Notice. When it is no longer necessary to retain your personal information, we will delete or anonymize it.
Transfers of your Personal Information outside the EEA
When you provide your personal information to us in accordance with this EEA Privacy Notice, the information you provide may be transferred to countries outside the European Economic Area (EEA) (specifically, the USA) that do not have similar protections in place to the EEA regarding your data and restrictions on its use as set out in this policy. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein.
By submitting your information you consent to this transfer for the purposes specified in this EEA Privacy Notice.
- recognize you whenever you visit our website (this speeds up your access to the website as you do not have to log in each time);
- obtain information about your preferences, online movements and use of the internet;
- carry out research and statistical analysis to help improve our content; and
- make your online experience more efficient and enjoyable.
The table below provides some information on the cookies which we use on our website:
What it does
Why is it used
How long it lasts
Used for website analytics.
Used for website analytics.
Provides geographic data on users.
Used for site functionality and determining what content is shown on Celestron.com
Your Privacy Rights
EU data protection law gives you a number of rights set out below. If you would like to exercise any of your rights, please contact us in writing via email@example.com.
- Access: you may request access to a copy of your personal information.
- Withdraw Consent: where our processing of your personal information is based on your consent, you can withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
- Rectification: you may ask us to rectify any inaccurate information we hold about you.
- Erasure: you may ask us to delete the personal information we hold about you, where there is no reason for us to continue to hold your information.
- Portability: you may ask us to provide you with the personal information that we hold about you in a structured, commonly used, machine readable format, or you can ask us to send your information in this format to another controller.
- Object: you may object to our processing of your personal information.
- Restriction: you can ask us to restrict the personal information we use about you where you have asked for it to be erased or where you have objected to our use of it.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
If you are not happy with the way in which we process your personal information, or the way in which we handle any request by you to exercise your privacy rights, you may make a complaint to your local data protection regulator. In the case of the UK, this is the UK Information Commissioner's Office ("ICO"). The ICO can be contacted by visiting their website at https://ico.org.uk/concerns/ or by telephone on (+44) 0303 123 1113.
Keeping your Personal Information Secure
We have appropriate security measures to prevent personal information from being accidentally lost, or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Changes to this Privacy Notice
This EEA Privacy Notice was last updated on 5/25/2018
We may change this EEA Privacy Notice from time to time – when we do we will inform you via an announcement on our Website or via email to you.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content. You agree not to add to, subtract from or otherwise modify the Content, or attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.
User Supplied Information
Except for necessary personal information you provide in connection with a purchase from Celestron’s Web Store, do not send confidential or proprietary information to Celestron via the Website.
You may submit photographs to Celestron’s photo gallery. You agree that any material, information, data, or photographs you transmit to us or post to the Website (“Submissions”) will be considered non-confidential and non proprietary. For all Submissions, (1) you represent and warrant that you have the legal right to post the Submission and that it will not violate any law or infringe the rights of any person or entity, and (2) you give Celestron the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media now or hereafter devised, in whole or in part, without any restriction or responsibility to you. You agree to indemnify, defend and hold harmless Celestron, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees resulting from or arising out of your Submissions.
Miscellaneous General Provisions
These Terms constitute the complete, final and exclusive statement of the agreement between you and Celestron. Any modification to or waiver of any provision of the Terms will be effective only if in writing and signed by an authorized representative of Celestron. No waiver by Celestron of any breach or default hereunder shall be deemed to be a waiver of any prior or subsequent breach or default.
These Terms shall be interpreted and enforced in accordance with California law for contracts made and performed in California. The courts sitting in the State of California shall have non exclusive jurisdiction to interpret or enforce these Terms. If any part of the Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect any other provision of the Terms, all of which will remain in full force and effect.
Unsolicited Idea Submission Policy
Celestron and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. Please do not send your unsolicited ideas to Celestron or anyone at Celestron. Please note that all your unsolicited submissions automatically become the property of Celestron, without any compensation to you, even if your transmission says otherwise. Celestron will have no obligation to return your idea to you or respond to you in any way and no obligation to keep your idea confidential. Celestron may use or disclose your idea for any purpose whatsoever.
Celestron welcomes customer feedback regarding many areas of Celestron’s business and products that will help satisfy customer’s needs. Please provide your feedback through the designated contact areas on the Website. Any feedback you provide shall be deemed a Submission as defined in the User Supplied Information section above.
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