Effective date: March 1, 2019
R. Torre and Co. ("us", "we", "our" or "Torani") operates the https://www.torani.com website (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of Personal Data when you use our Service and the choices you have associated with that data.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against TORANI on an individual basis.
Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated or representative capacity.
Information Collection and Use We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
- Email address
- First name and last name
- Phone number
- Address, City, State/Province, ZIP/Postal Code
- Credit card information
- Cookies, Web Beacons, and Usage Data
- Device ID
Your continued use of the Service indicates your consent to the collection of Usage Data and any other type of automated data processing.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. We may also use other tracking technologies, such as web beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data R. Torre and Co. uses the collected data for various purposes:
- To provide, maintain, and improve our Service
- To notify you about changes to our Service
- To facilitate your access to interactive features of our Service when you opt-in to do so
- To contact you about your account and provide customer support
- To gather analysis or valuable information so that we can customize our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To troubleshoot problems with your account
Accessing, Correcting and Updating Personal Information You have the right to see information we hold about you, with some exceptions which are described in the privacy laws. If you would like a copy of your personal information, please contact our privacy officer at email@example.com.
You have the right to review and update your personal details. If for any reason you are concerned that the personal information we hold is not correct, please visit our online services and, after logging into the site using the "Sign In" menu on the home page, your personal information will be made available for review and change in the "My Account" section. Only you or, upon your request, our Customer Care team, may access your Personal Data from our online services using your user ID and password. Information may be changed online within “My Account. If you prefer, you may contact us by email at firstname.lastname@example.org and we will amend your personal details.
- The processing is necessary to provide the services and features you have requested
- The processing is necessary to protect the vital interests of our users or of others
- The processing is necessary to perform a contract with you
- The processing is necessary for the legitimate interests of our business, such as fraud prevention, information security, or to comply with the law
- You have provided consent for us to do so
- Order Fulfillment: We may also provide Personal Information or other Personal Data provided by you to unaffiliated third-parties as necessary to complete your purchase (for example, postal service to ship your order).
- Agents, Consultants and Related Third Parties: We, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Data, but we authorize them to use this information only in connection with the services they are retained to perform.
- Legal Requirements: We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Site or the public, (iv) to prevent or investigate possible wrongdoing in connection with the Service, or (v) to protect against legal liability or potential fraud, in each case as determined in our sole discretion.
- Other uses: If we intend to use any Personal Data in any manner that is not specified herein, we will inform you of such anticipated use prior to or at the time at which the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use. In short, we will honor the choices you make regarding your Personal Data and will inform you about any other intended uses of such information.
R. Torre and Co. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Cross Border Data Transfers Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside of the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
Your submission of Personal Data to us indicates your consent to such cross border data transfers.
Disclosure of Data for Law Enforcement Under certain circumstances, R. Torre and Co. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Security of Data We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. No method of transmission over the Internet, or method of electronic storage, is 100% secure. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Your Data Protection Rights Under the GDPR If you are a resident of the European Economic Area (EEA), you have certain data protection rights. R. Torre and Co. has implemented reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed of the type of Personal Data we hold about you and/or if you wish to remove such Personal Data from our systems, please contact us at email@example.com.
Please note that for your safety and security, we may ask you to verify your identity before responding to such requests.
Service Providers We may employ third-party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties will only gain limited access to your Personal Data from us to perform these specific tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics We may use third-party Service Providers to monitor and analyze the use of our Service.
If you are a resident of the European Economic Area (EEA), you have the right to opt-out of decisions based solely on automatic decision-making, such as certain types of behavioral remarketing. Below are ways in which you can opt-out of each remarketing service:
We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party sites or services.
Children's Privacy Our Service does not address anyone under the age of 13.
We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Your California Privacy Rights, Our Contact Info & Requests for Information
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of PII 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 consumers may request a copy of the PII that we hold about you. Consumers may also request information regarding the categories of PII 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. To request either a copy of the PII maintained by us about you or to request a copy of the information disclosure provided by us during the preceding calendar year pursuant to Section 1798.83 of the California Civil Code, please contact us via email at firstname.lastname@example.org, or write us at the below address.
"Do Not Track" Signals Under California Online Privacy Protection Act (CalOPPA) Please note that our Service does not support "Do Not Track" browser settings and we do not currently participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal or non-personally identifiable information.
Arbitration; Claims Must be Brought on an Individual Basis
This arbitration provision is equally binding on claims brought by us as on claims brought by you or others. Arbitrations will be conducted under the applicable JAMS rules. The parties to arbitration will have all the same claims, legal rights, and remedies in arbitration that would be available in court. A single neutral arbitrator shall be selected in accordance with the JAMS Streamlined Arbitration Rules, which shall provide you a reasonable opportunity to participate in the arbitrator selection. It is further agreed that any disputes as to whether the scope of this arbitration provision covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties to arbitration will have full right to use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by us, except if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. You will not be required to pay fees and costs incurred by the opposing parties if you do not prevail in arbitration. In arbitration, the parties may conduct reasonable discovery and shall reasonably exchange non-privileged information relevant to the dispute. The arbitrator's award shall be in writing and provide a written statement of the essential findings and conclusions. The arbitrator will not have the power to commit any error of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. As an exception to this arbitration provision, no one subject to the provision will be precluded from seeking remedies for disputes or claims less than $10,000 in the aggregate that can be brought in a court of competent jurisdiction.
- You cannot bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
- The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
- The arbitrator's decision or award in one person’s case can only impact the person who brought the claim, not other TORANI customers, and cannot be used to decide other disputes with other customers.
If any part of the agreement to arbitrate in this section is found unenforceable, the unenforceable term will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). In the event that any of the class action restrictions are ever deemed illegal or unenforceable, the illegally deemed or unenforceable restriction(s) shall be severed from this arbitration provision, and any class action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.
As between you and us, you own all content and information you post or share using Torani brand websites (the “Site”) or tagging Torani, such as posting or sharing comments, photos, and videos (referred to as “User Content”).
You give R. Torre and Co. (a.k.a. Torani) permission to use your User Content as follows: you grant Torani and its affiliates and its international import partners a license to reproduce, display, perform, distribute, create derivative works from and otherwise use your User Content in connection with the Sites and for other Torani marketing purposes, including without limitation in Torani emails, social feeds, website and other communication material. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Torani or the Sites. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give Torani the rights described above;
- you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Sites for any reason.
If you believe that a user of the Sites has infringed on your intellectual property rights, or if we have taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please click here to notify us.