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Terms

Welcome to the Knack website, operated by Knack, Inc. (“Knack”) and located at www.knackbags.com (the "Site"). The following terms and conditions (“Terms”) govern your use of the Site. By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You further certify that you are 16 years of age or older and that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the Site or any content, material, products or services made available on or through the Site (collectively, the "Services") signifies that you fully accept and agree to these Terms of Use. 1. Registration In order to access certain Services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Knack will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way. When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Knack or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site. Any personal information that you provide to us via the Site is subject to our Privacy Policy. 2. Purchases By purchasing products or Services made available through the Site, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. Knack may use a third party payment processor to process credit card transactions made through the Site. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or Services made available through the Site, including sales, use, and excise taxes (excluding only taxes on Knack’s net income). To the extent that Knack is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our shipping and return policies, which shall be made available to you on the Site or otherwise delivered to you with your purchased goods. All refunds are in Knack’s sole discretion. 3. General Restrictions on Use You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes. If we determine, in our sole discretion, that you engaged in these, or any other, prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final. You will not (and will not attempt to): a. Access any of the Services by any means other than through the Site; b. Gain unauthorized access to Knack’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Knack’s networks or computer systems; c. Access any of the Site or the Services through any automated means or with any automated features or devices (including, without limitation, use of scripts or web crawlers); d. Access or collect any personally identifiable information of other users, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; e. Reproduce, duplicate, copy, sell, trade, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, resell, or otherwise use any portion of the Services or the Site Content except as set forth in these Terms; and f. Reproduce, duplicate, copy, sell, trade or resell any products or Services bearing any Knack Trademarks (as defined below) without Knack’s express consent. g. You will not use the Services, any tools provided by the Services, or any Site Content for any commercial purposes without our consent. h. You will not promote or advertise products or services other than your own without appropriate authorization from third parties. i. You will not copy, modify, distribute, sell, or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. j. You will not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right or bullies, harasses, intimidates, defames, spams or solicits other users of the Services. k. You will not use the Services to publish or share materials or content that are unlawfully pornographic or indecent, or that contain acts of violence. 4. Content Knack owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, graphics, page headers, scripts, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. All common law and/or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used in the United States or worldwide are proprietary to Knack (the “Knack Trademarks”). All other trademarks, product names, and company names or logos used or appearing on the Site are the property of their respective owners. You agree that you will not use Knack Trademarks in any manner that might tarnish, disparage, or reflect adversely on Knack. You agree that you will not use any Knack Trademarks or any variant of the Knack Trademarks including misspellings, as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms. Certain features of the Site may allow you create, upload, post, send, receive, or make available content to the Site, including, without limitation,, images, videos, audio files, ideas, concepts, chat messages, information or other materials while using the Site or, when you access the Site through Knack’s social media channels, or from your social media profiles, for access, use, viewing, and commentary by other users of the Site (collectively, “User Content”). You represent that you have the full legal right to provide the User Content and that use of the User Content by Knack on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) constitute disclosure of any confidential information owned by any third party; (d) publish falsehoods or misrepresentations that could damage Knack or any third party; or (e) be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. Upon your submission of User Content or other material or information to Knack, you grant us, and our affiliates, agents, third party partners, and assignees a worldwide, non-exclusive, sublicensable, transferable, assignable, royalty-free and irrevocable license in perpetuity to host, display, transmit, distribute, publicly perform, reproduce, modify, edit, translate, copy, create derivative works from, store, sell, promote, sublicense and otherwise use your User Content in any and all manner and media, whether now known or hereafter devised, for any purpose whatsoever, commercial or otherwise. You also release all moral rights and similar rights in and to your User Content. You further perpetually and irrevocably grant Knack the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind. You waive all rights and release Knack from any claim for defamation, invasion of right to privacy, infringement of rights of publicity or any similar matter, based upon or relating to the use of any User Content. You represent and warrant that any person or entity named or pictured in such User Content has provided any necessary licenses, rights, waivers or authorizations to allow Knack’s use of such User Content in accordance with such license. 5. Errors, Inaccuracies, and Omissions Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, while we have no obligation to review, monitor, display, accept or exploit User Content, we may, in our sole discretion, delete, move, re-format, edit, alter, distort, remove User Content , Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, for any reason, with or without notice or liability to you or any other party. 6. Disclaimers and Warranties Knack reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. Knack is not liable in case of stock outage or unavailability of products. We have made every effort to display as accurately as possible the colors of our products that appear at the Site, but we cannot guarantee that your computer monitor's display of any color will be accurate. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE KNACK ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, SITE CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE SECURE, TIMELY OR ACCURATE. KNACK TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH KNACK WILL BE RESPONSIBLE FOR. KNACK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. KNACK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. KNACK DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND KNACK SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. 7. Limitation of Liability KNACK DOES NOT ENDORSE CONTENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, KNACK AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF KNACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KNACK'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $10 USD. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF KNACK’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY KNACK, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY KNACK. The limitations on Knack’s liability to you in this Section 7 shall apply whether or not Knack has been advised of or should have been aware of the possibility of any such losses arising. 8. Indemnity You agree to defend, indemnify and hold harmless Knack, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Services and User Content; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; (vi) the use by any other persons accessing this Site using your Internet account or account login; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (vi) any fraud or misrepresentation made by you. This indemnification obligation will survive these Terms and your use of the Site and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 8 without the prior written consent of Knack. 9. Links To Other Sites The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that Knack has no control over these websites and that these Terms of Use do not apply to any third party sites. Knack cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Knack encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter. 10. Complaint Procedures If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Knack by email at help@knackbags.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.” 11. Dispute Resolution Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in New York, unless Knack elects otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York. The arbitrator shall not be bound by rulings in prior arbitrations involving different Knack users, but is bound by rulings in prior arbitrations involving the same Knack user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Knack will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Knack should be submitted by mail to the AAA along with your demand for arbitration and Knack will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Knack will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Knack for all fees associated with the arbitration paid by Knack on your behalf that you otherwise would be obligated to pay under the AAA's rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply. YOU AND KNACK WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Knack are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Knack over whether to vacate or enforce an arbitration award, YOU AND KNACK WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement. You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Knack account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Except to the extent they are preempted by U.S. federal law, the laws of New York, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter. 12. Miscellaneous These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Knack and govern your use of the Site, Services and any transactions you may have with Knack through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Knack in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms of Use shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Knack may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, Knack will make a new copy of the Terms of Use available on the Site. You agree that Knack is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes. You agree that if Knack does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Knack has the benefit of under any applicable law), this will not be taken to be a formal waiver of Knack’s rights and that those rights or remedies will still be available to Knack. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable. [Limitation of Liability, Disclaimer, Indemnity, Arbitration] Sections will survive termination of the Terms. The Site is controlled and operated from within the United States. Without limiting anything else, Knack makes no representation that the Site, Site Content, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. Last Updated: 8/27/2018

Privacy Policy

Knack, Inc. (“Knack”) endeavors to protect your personal privacy. This Privacy Policy addresses Knack’s practices regarding information collected from users of the web properties of Knack, including but not limited to all main and subdomains of knackbags.com (the “Site”). 1. IMPORTANT INFORMATION AND WHO WE ARE 2. INFORMATION WE MAY COLLECT ABOUT YOU 3. HOW IS YOUR INFORMATION COLLECTED 4. HOW WE USE YOUR INFORMATION 5. HOW WE MAY SHARE YOUR INFORMATION 6. INTERNATIONAL TRANSFERS 7. INFORMATION SECURITY 8. INFORMATION RETENTION 9. MANAGING YOUR PERSONAL INFORMATION AND OPTIONS 10. GLOSSARY 1. Important Information and Who We Are Purpose of this privacy policy This privacy policy aims to give you information on how Knack collects and processes your personal data through your use of this Site, including any data you may provide through this Site when you place an order on the Site, when you establish an account with us, when you contact us with a question or comment, when you utilize our "Email to a Friend" feature, or when you sign up to receive emails about our latest products and services. This Privacy Policy does not address or govern any information-gathering, use, or dissemination practices related to information collected from you other than directly through or from the Site, such as from other websites, telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. This Privacy Policy is incorporated into Knack’s Terms of Use for the Site by reference, as if set forth fully therein, which must be reviewed and accepted by you. The Site is not intended for children under the age of 16. We do not knowingly collect personal information online from visitors in this age group. If you are under 16, do not use or provide any information on this Site or on or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us by sending an email to privacy@knackbags.com. It is important that you read this privacy policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your information. This privacy policy supplements other notices and privacy policies and is not intended to override them. Data Controller Knack, Inc. is the controller and responsible for your personal information (collectively referred to as Knack, “we”, “us” or “our” in this privacy policy. If you have any questions about our privacy policies, please contact us at privacy@knackbags.com. By providing your personal information to Knack, you signify your acceptance of the Terms of Use and agree that Knack may collect, use and disclose your personal information as described herein. If you are based in the European Union you also have the right to make a complaint at any time to the national supervisory authority for data protection issues in the country in which you reside. We would, however, appreciate the chance to deal with your concerns before you approach the regulator so please contact us at the above contact information in the first instance. 2. Information We May Collect Personally Identifiable Information For purposes of this Privacy Policy, “personally identifiable information” means any information by which someone can be personally identified, including name, address, telephone number, email address, and other information incidental to providing goods or services (also referred to herein as “personal information”). It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows: • Identity Data includes first name, maiden name, last name, and company/organization name. • Contact Data includes billing address, delivery address, email address and telephone numbers. • Financial Data includes [bank account and payment card details]. • Transaction Data includes [details about payments to and from you and other details of products [and services] you have purchased from us]. • Technical Data includes [your internet protocol (IP) address, your mobile device’s unique ID number, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site]. • Profile Data includes [your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses]. • Usage Data includes information about how you use our Site, products and services, such as the buttons, controls, products, pages of our Site that you visit, the time spent on those pages, the dates and times of your visits, but also about the webpage you were visiting before you came to our Site and the webpage you go to next. • Marketing and Communications Data includes [your preferences in receiving marketing from us and our third parties and your communication preferences]. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal information but is not considered personal information in law as this information does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. Browsing Information and Cookies The Site also uses a browser feature known as a cookie, which assigns a unique identification to your device. The information collected from cookies allows us to provide better customer service to you and to improve features of our Site in a variety of ways, including by determining whether you have visited the Site in the past and which pages of our Site you have visited. If you are uncomfortable with the idea of your information being used in this way, most devices and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. We do not override these settings or options. However, in order to access certain content, features, services, products, or benefits of the Site, you may be required to provide us with certain information, including some types of personally identifying information. If you do not wish to provide such information through the Site or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products, or benefits of the Site. 3. How is Your Information Collected We use different methods to collect information from and about you including through: • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: • place an order on the Site; • register an account with us; • utilize our “Email a Friend” feature; • contact us with a question or comment; or • sign up to receive emails about our latest products and services. • Automated technologies or interactions. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data and Usage Data about you if you visit other websites employing our cookies. • Third parties or publicly available sources. We may receive personal information about you from various third parties and public sources as set out below: • Technical Data from the following parties: (a) analytics providers [such as Google based outside the EU]; (b) advertising networks [such as Google based [inside OR outside] the EU]; and (c) search information providers [such as Google based [inside OR outside] the EU]. • Contact, Financial and Transaction Data from providers of technical, payment and delivery services [such as Shopify based [inside OR outside] the EU]. • Identity and Contact Data from our partners, data brokers or aggregators [such as Google based [inside OR outside] the EU]. • Identity and Contact Data from publicly availably sources such as Google based [inside OR outside] the EU. 4. How We Use Your Information We will only use your personal identifiable information when the law allows us to. Most commonly, we will use your personal information in the following circumstances: • Where we need to perform the contract we are about to enter into or have entered into with you for the purchase of goods [and/or services] we offer for sale through our Website. • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. • Where we need to comply with a legal obligation. To find out more about the types of lawful basis that we will rely on to process your personal information, see the table below. Generally, we do not rely on consent as a legal basis for processing your personal information other than in relation to setting certain types of cookies to enable you to access our Site or where otherwise indicated in connection with any purpose-specific privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you. Purposes for which we will use your personal information We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information. Please contact us at privacy@knackbags.com if you need details about the specific legal ground we are relying on to process your personal information where more than one ground has been set out in the table below. Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest To register you as a new customer (a) Identity (b) Contact Performance of a contract with you To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) To manage our relationship with you which will include: (a) Notifying you about changes to our terms of use or privacy policy [(b) Asking you to leave a review or take a survey] (a) Identity (b) Contact (c) Profile (d) Marketing and Communications (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products and/or services) [To enable you to partake in a prize draw, competition or complete a survey] (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity (b) Contact (c) Technical (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) (b) Necessary to comply with a legal obligation To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical (b) Usage Necessary for our legitimate interests (to define types of customers for our products and/or services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy) To make suggestions and recommendations to you about products and/or services that may be of interest to you (a) Identity (b) Contact (c) Technical (d) Usage (f) Marketing and Communications Necessary for our legitimate interests (to develop our products and/or services offerings and grow our business) Marketing We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. Promotional offers from us We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing. Third-party marketing From time to time, Knack may disclose the data collected through the Site, including personally identifiable information, to other persons or entities whom we believe trustworthy. In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you. We will get your express opt-in consent before we share your personal information with any third party for marketing purposes. Opting out You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you, by contacting us at any by email at privacy@knackbags.com. Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions. Knack will continue to send you non-promotional, service emails concerning your account, such as emails relating to available upgrades, billing and payment information, outstanding balance on your account, and other emails relating to your account. CALIFORNIA RESIDENTS: YOUR PRIVACY RIGHTS California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@knackbags.com; or write to us at our mailing address at Nyatt Point, Barrington, RI 02806 , Attention: Chad Mellen. RHODE ISLAND RESIDENTS: YOUR PRIVACY RIGHTS Rhode Island Civil Code Section 1798.83 (also known as the “Shine The Light” law) permits users who Rhode Island residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a Rhode Island resident and would like to make such a request, please submit your request to the email address identified above. Change of purpose We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 5. How We May Share Your Information We may – for the purposes set out in the table above - share information collected through the Site with our subsidiaries, affiliated companies, and like-minded business partners for the purpose of providing you with the products and services you seek from the Site. We may also share your mailing address and shopping history with other catalog mail companies. Additionally, in order to provide you with a better customer experience, we may share information with service providers, subcontractors, and business partners who have been retained to perform functions on our behalf or to provide services to us. These services include: a. Order fulfillment, warehousing, and delivery; b. Advertising, marketing, surveys, and promotions, including partnerships and teaming efforts with other companies whose products or services we think you might enjoy; c. Information technology and office services, including software and website development, website hosting, management and evaluation, and data processing, exchange, and cross-referencing; d. Payment processing services, fraud protection, and credit risk reduction; and e. Legal, accounting, audit and other professional service providers. Knack may also disclose the data collected through the Site, including personally identifiable information, to another party with which Knack enters or reasonably may enter into a corporate transaction, such as a merger, consolidation, acquisition, or asset purchase. In the event that Knack or its assets is acquired by another company, or due to any merger, reorganization or liquidation, customer information may be one of the transferred assets. Your personal information will remain subject to any pre-existing privacy policy unless you consent otherwise. We reserve the right to disclose information about you to a third party pursuant to a subpoena, court order, or other form of legal process, or in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process. We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions. Please contact us at privacy@knackbags.com if you want further information on the specific third party recipients with whom we may share your personal information and the purpose(s) for such sharing. 6. International transfers We share your personal information within our company. This will involve, if you are a resident of the European Union, transferring your information outside the European Economic Area (EEA). Many of our external third party recipients are also based outside the EEA so their processing of your personal data will also involve a transfer of information outside the EEA. If you are based in the European Union, whenever we transfer your personal information out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: • We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries. • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal information the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries. • Where we use providers based in the U.S., we may transfer information to them if they are part of the Privacy Shield which requires them to provide similar protection to personal information shared between Europe and the U.S. For further details, see European Commission: EU-US Privacy Shield. Please contact us at privacy@knackbags.com if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA. 7. Security The security of your personally identifiable information is important to us and Knack is committed to handling such information carefully. We maintain appropriate physical, electronic and procedural safeguards to guard your personally identifiable information. We use secure socket layer technology to protect the security of your payment information and we encrypt your personally identifiable information when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. For more information about the security measures we have implemented to protect your personal information, please contact us at privacy@knackbags.com. Shopify Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Shopify Payment If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy). 8. Information retention How long will you use my personal information for? We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. Details of retention periods for different aspects of your personal information are available in our retention policy which you can request from us by contacting us at privacy@knackbags.com OR set out in the table Purposes for which we will use your personal information above. In some circumstances you can ask us to delete your information: see Request erasure below for further information. In some circumstances we will anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. Third Party Links The Site may also contain links to third party websites, for the convenience of users in locating information, products, or services that may be of interest. If you access a third party website from a link on this Site, any information you disclose on that website is not subject to this Privacy Policy. It is possible that these links may be used by third parties or others to collect personal or other information about you. We are not responsible for the privacy practices of such websites, advertisers, or third parties or the content of such websites and it is your sole obligation to review and understand the privacy practices and policies of these other websites. We do not control the use of cookies or the collection of information by these third parties, nor how they manage such information. It is solely your obligation to review and understand the privacy practices and policies of these other websites, advertisers, and any third parties. Please note that we also do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. To learn more about your rights as a consumer and to receive less national advertising mail, please visit the Direct Marketing Association at http://www.dmachoice.org. If you are based in the United States you can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website at http://optout.networkadvertising.org or by visiting https://www.datalogix.com/privacy or http://www.aboutads.info/choices. If you are based in the European Union you may visit the website of the European Interactive Digital Advertising Alliance (“EIDAA”) at https://www.edaa.eu as well as of the European Advertising Standards Alliance (“EASA”) at http://www.easa-alliance.org. 9. Managing Your Personal Information and Options Under certain circumstances, you have rights under data protection laws in relation to your personal information. Please see below to find out more about these rights: • Request access to your personal information. • Request correction of your personal information. • Request erasure of your personal information. • Object to processing of your personal information. • Request restriction of processing your personal information. • Request transfer of your personal information. • Right to withdraw consent. If you wish to exercise any of the rights set out above, please contact us at privacy@knackbags.com. No fee usually required You will not have to pay a fee to access your personal information (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 could refuse to comply with your request in these circumstances. What we may need from you We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information 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. Time limit to respond We try to respond to all legitimate requests within one month. Occasionally it could 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. 10. Glossary LAWFUL BASIS Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and/or product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us. Performance of Contract means processing your information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Comply with a legal obligation means processing your personal information where it is necessary for compliance with a legal obligation that we are subject to. THIRD PARTIES • Service providers acting as processors based in the United States who provide IT and system administration services/email services/server hosting services. • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based United States who provide consultancy, banking, legal, insurance and accounting services. • Regulators and other authorities acting as processors or joint controllers based in the United States who require reporting of processing activities in certain circumstances. YOUR RIGHTS IN RELATION TO INFORMATION WE HOLD ABOUT YOU You have the right to: Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us. Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios: • If you want us to establish the information's accuracy. • Where our use of the information is unlawful but you do not want us to erase it. • Where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims. • You have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it. Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. Withdraw consent at any time where we are relying on consent to process your personal information. 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 and/or services to you. We will advise you if this is the case at the time you withdraw your consent. Updating this Privacy Policy We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. We will notify you of any material changes by way of a pop-up notice on the Website announcing that the Privacy Policy has changed, and pointing the changes to your attention. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us. Questions or Concerns If you have any feedback, questions, or concerns regarding privacy, please send us a detailed message to privacy@knackbags.com; we will make every effort to resolve your concerns. Last Updated: 8/27/2018

Referral Program Rules

Description of the Referral Program: Customers participate in the Referral Program by sending Knack a valid email address and confirming that email address is valid. To receive credit for referring friends, customers must share, through email or social channels, the personal referral link provided by Knack. When a referred friend provides their valid email address to Knack via the customer’s personal referral link, the customer gets credit for the referral and gets closer to the required amount of unique referrals needed for each Reward tier of the program. Binding Agreement: To enter the Referral Program, you agree to submit a valid email address to Knack. Submitting a fake email address disqualifies you from participating in the Referral Program. Referrals with a valid email address must sign up. Referrals cannot opt out of emails before October 22, 2018. Contest Period: Referrals can be submitted through October 22, 2018. Who Can Enter: 1) To be eligible to participate in this program, entrants must have a valid email address and confirm submission by clicking on a Knack confirmation email. 2) To participate in the Referral Program, entrants must be at least 18 years of age and a legal resident of the United States or Canada. 3) Employees, officers and directors of Knack Inc Management, its affiliates, subsidiaries, co-branded partners, consultants, contractors, advertising, public relations, promotion, fulfillment, and marketing agencies, their immediate families (and those living in their same households) are not eligible to participate in this Referral Program. The same stipulations apply to participating contractors and their business. 4) Referrals must be real people and steps will be taken to confirm their existence. How to Enter: 1) No purchase or payment is necessary to enter. 2) Qualified entrants must have participated in our Referral Program during the contest period, which shall run through October 22, 2018. 3) All referrals must be verified by confirming a valid email address. Referrals cannot opt out of emails before October 22, 2018. Tier Achievement Notification: 1) All participants who reach specified Reward tier levels will be notified when they obtain the number of unique valid referrals required to reach the specified Reward tier. All notifications will be complete by the end of the Referral Program on October 22, 2018. 2) Participants who achieve specified Reward tier levels will be notified via the email address provided in the Referral Program. Reward Tier Levels and Rewards: 1) When your referral link causes 10 unique people to provide Knack with a valid, confirmed email address, you get an medium organization cube (a $20 value) 2) When your referral link causes 20 unique people to provide Knack with a valid, confirmed email address, you get a large organization cube (a $25 value) 3) When your referral link causes 75 unique people to provide Knack with a valid, confirmed email address, you get a medium expandable Knack Pack (a $165 value) Reward Shipping: Rewards will be shipped by November 15, 2018, while quantities last.