01/01/2019

PRIVACY POLICY

INTRODUCTION

Quirch Foods LLC. (“Quirch,” “we,” “our” and “us”) is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy (this “Policy”) describes the types of information we may collect from you or that you may provide when you visit quirchfoods.com (our «Website») and discusses our practices for collecting, using, maintaining, protecting, correcting, deleting and disclosing that information.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. This Policy applies to any personal information, and, in certain applicable instances, other information, collected on our Website and collected through our business operations. We use the information we collect from you to improve our Website and to provide you with a more personalized experience on our Website. If you do not agree with our policies and practices, then your choice is not to use our Website. By accessing or using our Website, you agree to this Policy. This Policy may change from time to time (see CHANGES TO OUR PRIVACY POLICY). Your use of our Website after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

INFORMATION WE COLLECT ABOUT YOU

When we collect information from you, our primary goal is to provide you with an efficient and personalized experience on our Website. We collect information about you, including personal information, from the information you voluntarily provide to us, automatic data collection technology and third parties who may provide your information to us. Personal information that you may voluntarily provide to us, includes, without limitation, the following:

  • name;
  • e-mail address; and
  • country of residence.

Information that we collect through automatic data collection technology includes, without limitation, information about your internet connection, internet protocol (“IP”) address, operating system and browser type.

If you submit any personal information relating to other people to us in connection with our Website, then you represent and warrant that you have the authority to do so and to permit us to use the information in accordance with this Policy.

HOW WE MAY COLLECT YOUR INFORMATION

We may collect information in several ways, including:

  • Directly from you: If you contact us, then we may collect information, including personal information, through records and copies of your correspondence with us. We may also collect information, including personal information, when you respond to our questions via e-mail or feedback forms. If we collect information directly from you, then you may have the option to refuse to provide us with such information. However, if you decline to provide us information, then this may impact your ability to use our Website.
  •  Offline: You may provide information, including personal information, to us when you contact a Website representative.
  • Through cookies: A cookie is a piece of data stored on the user’s computer tied to information about the user. Cookies allow our Website to serve the user with specific information tied to the user and help facilitate ongoing access to our Website. You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. This Policy covers the use of cookies by only us. We use the following types of cookies on our Website:
  1. o Essential Cookies – These cookies allow you to browse our Website and use certain features. If you disable these essential cookies, then you may be unable to use certain features.
  2. o Advertising Cookies – These cookies gather information about your use of our Website so that we can improve your experience and provide you with more relevant content and advertising. These cookies are also used to gather feedback on certain marketing materials.
  3. o Preference Cookies – These cookies allow us to recognize your device so that you do not have to provide us with the same information more than once. If you disable these preference cookies, then our Website may not be able to remember certain choices that you previously made or personalize your browsing experience.
  4. o Performance Cookies – These cookies collect information about how you use our Website, such as which pages you most frequently visit. We use performance cookies to provide you with a high-quality experience by doing things such as tracking page load, site response times and error messages.
  • Through server log files: Like most standard websites, our Website uses log files to collect information about your computer and internet connection, which may include information about your IP address, browser type, internet service provider, referring/exit pages, platform type, date/time stamp, and number of clicks. This information may be used to analyze trends, administer the site, track your movement in the aggregate, and gather broad demographic information for aggregate use.
  •  Through internet tags: Internet tags are smaller than cookies and tell our Website server information such as the IP address and browser type related to your computer.
  •  From third parties: We may receive information, including personal information, from our business partners and third party contacts.

We will rely on consent, which in some cases may be implied, to use technical information that is collected through our use of cookies, server log files or internet tags. You may withdraw such consent at any time by contacting us as described in this Policy. When we obtain personal information through a third party, the third party supplying such personal information is responsible for the management of consent, where required.

We may also use cookies and server log files to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Note that your browser settings may allow you to send a “Do Not Track” signal to websites you visit. Currently, there is no consensus as to what “Do Not Track” means in this context. Therefore, we do not currently respond to web browser “Do Not Track” signals. To find out more about “Do Not Track” signals, visit http://www.allaboutdnt.com.

The information we collect automatically is statistical data and may, depending on applicable law, include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website by enabling us to speed up your searches, recognize you when you return to our Website and store information about your preferences.

HOW WE MAY USE YOUR INFORMATION

To the extent permitted by applicable law, we may use information, including personal information, that we collect:

  •  to notify you of any specials, new products or services, or changes to this Policy;
  •  to supply information to you upon your request;
  •  to present our Website and its contents to you in a fashion customized to match your preferences;
  •  to personalize your experience on our Website;
  •  to allow you to participate in interactive features on our Website;
  •  to carry out obligations and enforce our rights arising from any contract entered into between you and us;
  •  to pursue our legitimate interests;
  •  to comply with legal process;
  •  to respond to request from public and government authorities;
  •  to enforce our Terms of Use;
  •  to protect our operations or those of any of our affiliates;
  •  to protect our rights, privacy, safety or property, and that of our affiliates, you or others; and
  •  to allow us to pursue available remedies or limit the damages that we sustain.

DISCLOSURE OF YOUR PERSONAL INFORMATION

To the extent permitted by applicable law, your personal information may be disclosed:

  • to our affiliates for the purposes described in this Policy;
  • to contractors, service providers, and other third parties who we use to support our business such as website support, data analysis, IT services, customer service and other services;
  • to any third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of any or all portion of our business, assets or stock, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to enforce or apply our Terms of Use and other agreements that we may have with you;
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our affiliates or others;
  • with your consent; and
  • for any other purpose disclosed by us when you provide the information.

We will not disclose or sell any personal information to any unaffiliated third party for direct marketing purposes without your consent.

THIRD PARTY COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION

Our Website may contain links to various third party websites, such as distributor websites. These third party websites may collect personal information. This Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, including any third party operating any site to which our Website contains a link. The inclusion of a link on our Website does not imply endorsement of the linked site by us or any of our affiliates.

Additionally, some content or advertisements on our Website are served by third parties. These third parties may use cookies or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions, you should contact the responsible provider directly.

CHOICES AND ACCESS

We strive to provide you with choices regarding our use and disclosure of your personal information. We have created mechanisms to provide you with the following control over your personal information:

  • You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. However, if you select this setting you may be unable to access certain areas of our Website.
  • If at any time you wish to stop receiving communication from us, please just let us know by contacting us via our email address or phone number listed below (see CONTACT INFORMATION).

To review, correct, update, delete or otherwise limit our use of your personal information (such as behavioral tracking), please contact us using the email address or phone number listed below (see CONTACT INFORMATION).

SECURITY
When users submit sensitive information via our Website, their information is protected both online and offline. Prevention of unauthorized access or disclosure of data is of the utmost importance. Physical, administrative and technical procedures are employed to safeguard all collected information.

All data transactions between you and us through our Website occurring over a public network (i.e. the Internet) are encrypted using SSL technology. Specific certifier details can be inspected in your browser during a secure session (see browser-specific help for details). Access to personal information and data by our employees is limited to those persons or agents of our company that have a specific business purpose for maintaining and processing such personal information. These individuals are made aware of their responsibilities to protect the security of that personal information and also uphold the principles of confidentiality and integrity.

The safety and security of information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. Please do not share your password with anyone. Sharing of account passwords is considered an acceptable use violation and may result in loss of access to our Website.

Unfortunately, new vulnerabilities arise in the realm of technology every day. Although we strive to protect your information, circumstances beyond our control may compromise that goal. As with any website, please be conscious of the data you share. If you are not comfortable providing any information, then it is your right to withhold it. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE ARE GIVEN ACTUAL OR CONSTRUCTIVE

NOTICE THAT DAMAGES WERE POSSIBLE, EXCEPT AS PROVIDED UNDER APPLICABLE LAWS.

INDEMNITY

As a condition to accessing or using our Website, you agree to indemnify and hold harmless Quirch, its affiliates and its and their respective directors, officers, employees and agents against any and all liabilities, expenses (including, without limitation, attorney’s fees and court costs) and damages arising out of or otherwise in connection with claims resulting from or otherwise in connection with your access to or use of our Website, including, without limitation, any claims alleging facts that, if true, would constitute a breach of the terms and conditions stated in this Policy.

RETENTION PERIOD

We may retain your personal information for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation.

CHANGES TO OUR PRIVACY POLICY

If we decide to change this Policy, then we will post any changes we make on this page with a notice that this Policy has been updated on the home page of our Website. Any changes to this Policy will become effective when we post the revised Policy on our Website. The effective date for this Policy is identified at the top of this Policy. You are responsible for periodically visiting our Website and this Policy to check for any changes. Your use of our Website following these changes means that you accept the revised Policy.

CHILDREN UNDER THE AGE OF 13

Our Website is not intended for children under 13 years of age and we do not knowingly collect personal information from children under 13 years of age. In the event that we learn that we have collected personal information from a child under 13 years of age, we will delete such personal information as soon as possible. Visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act.

CALIFORNIA PRIVACY RIGHTS

Currently, we do not disclose any personal information to third parties for direct marketing purposes. However, pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies

with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.

CONTACT INFORMATION

If you have any questions, comments or concerns about this Policy or other privacy-related matters, then you may contact us in the following ways:

Mailing Address: Quirch Foods Co. Attn: Customer Service 2701 S. Le Jeune Road 12th Floor Coral Gables, FL 33134

Email Address: info@quirchfoods.com

Phone Number: 1-800-458-5252

USERS FROM THE EUROPEAN UNION AND SWITZERLAND

This section of this Policy applies to users of our Website from a Member State of the European Union or Switzerland, and supplements the other information in this Policy.

To the extent that Quirch is subject to the laws of the European Union when processing personal data (“Personal Data”), it shall be the data controller under such laws.

LAWFULNESS OF PROCESSING

Our legal basis for processing your Personal Data is that such processing is necessary for the purposes of the legitimate interests pursued by us. In some instances, your consent may be required for the processing of your Personal Data for one of the purposes set out in this Policy.

CROSS-BORDER TRANSFER

When Personal Data is transferred out of the country where the owner of that Personal Data lives, such as from citizens of the European Union and Switzerland to the United States of America, different standards may apply to how your Personal Data is used and protected in those countries. We have appropriate safeguards in place in accordance with applicable legal requirements to adequately protect your Personal Data irrespective of the country. If you prefer not to have your Personal Data transferred, then do not access or use our Website.

YOUR RIGHTS

If you are in the European Union or Switzerland, then you also have the right to request access to, rectify, or erase your Personal Data. You also have a right to the objection to or restriction of processing, as well as the right to data portability, when applicable. If Quirch has processed your Personal Data based on your consent, then you have a right to withdraw it at any time. When we receive a request from you to exercise one of these rights, we will respond to your request as quickly as possible, but no later than thirty (30) days after we receive your request.

SUMMARY

We are concerned about privacy issues and committed to protecting your privacy and information. We use the information we collect to provide you with an efficient and personalized experience on our Website.

If you have any questions, comments or concerns about this Policy or other privacy-related matters, then please contact us via our email address or phone number listed above (see CONTACT INFORMATION).