Torani Customer Privacy Policy and Procedures

Torani Privacy Policy

Effective date: August 1, 2018

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.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.torani.com/terms.

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.

Consent

By accessing the service and/or creating an account with us, you are consenting to the collection, use, disclosure, transfer and storage of personal and non-personal data or other information received by us as a result of such use in accordance with this privacy policy.

Definitions

Cookies:
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller:
Data Controller is any person or organization that, either alone or in combination with others, decides how and why personal data is processed. For purposes of this Privacy Policy, we are a Data Controller of your Personal Data.
Data Processors (or Service Providers):
Data Processor (or Service Provider) is any person or organization apart from the employee of the data controller that processes Personal Data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User):
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Personal Data:
Personal Data means any information related to an identified or identifiable natural person.
Usage Data:
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

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

Personal Data
While using our Service, we may ask you to provide us with Personal Data, including certain personally identifiable information (PII) that can be used to contact or identify you. This may include, but is not limited to:
  • 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
We may use your Personal Data to add you to our mailing list so that we may contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, or by contacting us directly at dataprivacy@torani.com.
Usage Data
We may also collect Usage Data, which may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. Any Usage Data we process is aimed at personalizing the Service to provide you with a more enjoyable user experience, such as via special offers based on your historic purchasing preferences.

Your continued use of the Service indicates your consent to the collection of Usage Data and any other type of automated data processing.

Tracking Cookies Data
We use Cookies and similar tracking technologies to track the activity on our Service and hold certain information.

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.

Examples of Cookies we use:
  • 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 dataprivacy@torani.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 hello@torani.com and we will amend your personal details.

Legal Basis for Processing Personal Data Under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), R. Torre and Co.’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. In addition, we process Personal Data with the principle of data minimization in mind. This means that we limit ourselves to the minimum amount of personal data which is needed to achieve the particular purpose for which we process the Personal Data. Below are some examples of the purposes for which Personal Data may be processed.

R. Torre and Co. may process your Personal Data because:
  • 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
Sharing of Personal Information
We do not share with others, or sell or rent to others, any Personal Data provided to us through the Service or through our Customer Service Department, except with your consent or as described in this Privacy Policy. However, in some cases your permission will be implied from the nature of the service requested or transaction undertaken. Examples of instances in which we share your Personal Data are provided below:
  • 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).
  • Business Transfers: As with any business, it is possible that as our business develops, we might sell, assign, buy, transfer or otherwise acquire or dispose of certain businesses or corporate assets. In the event of such or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to, or acquirer of, us will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.
  • 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.

Retention of Data
R. Torre and Co. will retain your Personal Data only for as long as it is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

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.

R. Torre and Co. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

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 dataprivacy@torani.com.

In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. In many instances, you can personally access and update your Personal Data by accessing your online account settings. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information that we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You have the right to withdraw your consent at any time where R. Torre and Co. relied on your consent to process your personal information.

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.

Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Behavioral Remarketing
R. Torre and Co. uses remarketing services to advertise on third-party websites to you after you visit our Service. We, and our third-party vendors, may use cookies to inform, optimize and serve ads based on your 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:

Google AdWords
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: https://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Bing Ads Remarketing
Bing Ads remarketing service is provided by Microsoft Inc.
You can opt-out of Bing Ads remarketing by visiting: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
You can learn more about the privacy practices and policies of Microsoft by visiting their Privacy Policy page: https://privacy.microsoft.com/en-us/PrivacyStatement
Twitter
Twitter remarketing service is provided by Twitter Inc.
You can opt-out from Twitter's interest-based ads by following their instructions: https://support.twitter.com/articles/20170405
You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy
Facebook
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA https://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada https://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe https://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Pinterest
Pinterest remarketing service is provided by Pinterest Inc.
You can opt-out from Pinterest's interest-based ads by enabling the "Do Not Track" functionality of your web browser or by following Pinterest instructions: https://help.pinterest.com/en/articles/personalization-and-data
You can learn more about the privacy practices and policies of Pinterest by visiting their Privacy Policy page: https://about.pinterest.com/en/privacy-policy
AdRoll
AdRoll remarketing service is provided by Semantic Sugar, Inc.
You can opt-out of AdRoll remarketing by visiting this AdRoll Advertising Preferences web page: https://info.evidon.com/pub_info/573?v=1nt=1nw=false
For more information on the privacy practices of AdRoll, please visit the AdRoll Privacy Policy web page: https://www.adroll.com/about/privacy

Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party's site. We strongly advise you to review the privacy policy of every site you visit.

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 dataprivacy@torani.com, or write us at the below address.

233 East Harris Avenue, South San Francisco CA 94080

"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

By using the Service, you agree that any dispute in any manner arising out of or relating in any way to this Privacy Policy, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. ("JAMS") in the San Francisco, California area. ARBITRATION MEANS THAT YOU WILL NOT HAVE AND YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, are more limited than were you to sue in court.

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.

ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that neither you nor we are entitled to arbitrate or bring any dispute covered by this arbitration provision as a class, consolidated, representative, collective, or private attorney general action, and the arbitrator(s) will have no authority to proceed on a class, consolidated, representative, collective, or private attorney general action basis. This means:
  • 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.

Data Protection Officer and Questions
For information and questions about the use of your personal information or this Privacy Policy, you may contact our Data Protection Officer at dataprivacy@torani.com.

Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our website, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.