LAST REVISED ON: 10/1/2019
COMPANY: San Diablo LLC (dba San Diablo Artisan Churros) and its affiliated entities (“Company”, “us”, “our”, and “we”)
Attention: San Diablo LLC, 10499 E. 420 S., Draper, UT 84070 Telephone: 801-432-0880 Email: email@example.com
COMPANY WEBSITE: The website located at www.sandiablochurros.com (together with any websites on related domains or subdomains, the “Site”).
1. WHAT INFORMATION IS COLLECTED. Company may collect, store and use certain information about you and your usage of the Services from time to time (this information is referred to as your “User Information” throughout this Policy). Company is permitted to collect any User Information from or about you or your usage of the Services that is not otherwise prohibited by applicable privacy laws. Some of the User Information that Company collects may include, but is not limited to, the following (except where prohibited by applicable privacy laws):
1.1 Personal Information. Any personally-identifiable information that you provide in connection with any Services, including, without limitation: your name, email address, mailing address, phone number, photograph, birthdate, passport, driver’s license, government-issued identification numbers, and other similar information provided with respect to your business or its employees, officers, representatives or affiliates, and certain historical, contact, and demographic information about you.
1.2 Device Information. Information about your device when you access any Services, including hardware model, operating system and version, unique device identifier, mobile network information, and information about the device’s interaction with the Services, as well as information about the location of your device when using any Services.
1.3 Payment Information. Information provided in connection with you making, accepting, requesting or recording payments, credits or money transfers through any Services, including: payment card numbers, bank accounts information, when and where the transactions occur, the names of the transacting parties, a
description of the transactions, the payment or transfer amounts, billing and shipping information, and the devices and payment methods used to complete the transactions.
1.4 Tax Information. Information regarding your tax information, including withholding allowances and tax filing status.
1.5 Purchase Information. Information and data about your purchase information and preferences, including products and services purchased, amounts paid, frequency of purchases, location of purchases, and similar information.
1.6 Usage Information. Information and data about how you use the Services, including access time, Services accessed, browser type and language, Internet Protocol (“IP”) address, other applications on your device, webpages and applications viewed and used, time spent on webpages and applications, links clicked, and conversion information (e.g., transactions entered into).
1.7 Aggregated Data. Aggregated data about your or your use of Services, or any other aggregated form of the other types of User Information set forth above. Aggregated data that we collect cannot be specifically associated with you individually, unlike most of the other forms of User Information.
2. HOW USER INFORMATION IS COLLECTED. When you use any Services, Company uses various technologies to collect certain User Information about you. Some of the ways that Company collects this information are as follows (except where prohibited by applicable privacy laws):
2.1 Information Given By You. You provide some User Information when you register for your account with the Services and as you use the Services.
2.2 Automatic Collection. User Information can be recorded and collected by software or processes that run automatically on your computer or Company’s servers as you use the Services.
2.3 Cookies. User Information may be collected by sending cookies to your device. Cookies are small data files that are stored on your hard drive or in your device memory when you use the Services. Among other things, cookies support the integrity of the Company registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about your activity. Company may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by the browser on subsequent uses of the Services. Company may link the information stored in cookies to your User Information submitted while using the Services. You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how the Services are provided. 2.4 Web Beacons. User Information may also be collected by using web beacons. Web beacons are electronic images that may be used in connection with the Services. Company may use web beacons to deliver cookies, track the number of visits to the Services, understand Service usage and effectiveness, and determine whether an email has been opened and acted upon.
2.5 Collection from Third Parties. User Information is also collected from third parties that already have access to certain of your User Information, including third-party verification services, credit bureaus, mailing list providers, and publicly available sources. In some circumstances, where lawful, this information may include your government-issued identification number.
3. HOW COLLECTED USER INFORMATION IS USED. Company may use, publish, store, duplicate, manipulate and share User Information in any way not otherwise prohibited by applicable privacy laws. Specific ways that Company may use User Information include, but are not limited to, the following (except where prohibited by applicable privacy laws):
3.1 Providing, Improving and Using the Services. User Information is stored and used so that you can verify your identify in connection with creating and accessing your account with the Services, and to deliver, operate, provide, maintain, enhance, personalize, tailor and facilitate your use of the Services. User Information is also used to develop new products and Services, provide optimization, statistical analysis, and improvements for existing Services, and to improve web design and functionality.
3.2 Communication Purposes. User Information is used to deliver technical notices, security alerts, support messages, administrative notices and alerts, and communications relevant to your use of the Service, as well as to inform you about software compatibility issues, send news or information, conduct surveys and collect feedback. User Information is also used to communicate with you about products, services, contests, promotions, discounts, incentives, gift cards, loyalty programs, and rewards, based on your communication preferences and applicable privacy laws.
3.3 Facilitate Payments. Using and storing your User Information is also necessary for us to be able to process or record payment transactions or money transfers.
3.4 Track and Display Consumer Behavior. User Information is stored so that the Services can track historical transactions, payments, invoices, receipts and past order information. User Information is also used to display current, ongoing, pending or requested transactions or orders.
3.5 Legal Compliance. User Information is stored so that we can comply with applicable laws and regulations, including the privacy laws and anti-money laundering laws.
3.6 Aggregated Data Collection. User Information is collected and aggregated to monitor aggregate usage and web traffic routing of all users of the Services, as well as to generate aggregated statistics about purchasing behavior of different demographics and populations.
4. HOW COLLECTED USER INFORMATION IS SHARED. Company may share User Information in any way not otherwise prohibited by applicable privacy laws. Specific ways that Company may share your User Information include, but are not limited to, the following (except where prohibited by applicable privacy laws):
4.1 With Consent. User Information may be shared with other parties with your consent, such as for marketing uses that you authorize or consent to.
4.2 Facilitate Third Party Services. User Information may be also shared with trusted third-party service providers without your consent who provide services and functions necessary to the delivery and performance of the Services, such as anonymous site metrics, analytics services, payment processing, point of sale
services, task management services, delivery of loyalty programs, management of gift cards, creation and delivery of promotional materials, product support and maintenance, order fulfillment and shipment/delivery of products and Services to users, and other features or services included in or necessary for the Services.
4.3 Delivery of Targeted Services and Ads. User Information may also be shared or licensed to third-parties without your consent to deliver targeted and non-targeted third-party content and advertisements in connection with the Services as well as un-related services, websites and applications.
4.5 Sale of User Information. User Information may be sold, transferred or assigned to third-parties without your consent for their own uses, subject to applicable privacy laws.
5. HOW COLLECTED USER INFORMATION IS PROTECTED.
5.1 Protective Measures. Company takes commercially reasonable measures, including administrative, technical, and physical safeguards, to (i) protect User Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction, (ii) ensure the security, confidentiality, and integrity of the User Information, (iii) protect against any anticipated threats or hazards to the security or integrity of the User Information, (iv) protect against unauthorized access to, or unauthorized use or disclosure of, the User Information, and (v) take such security measures required by any applicable privacy laws.
5.2 Third Party Partners and Employees. Company may itself, or it may use third-party service providers to, hold, process and store User Information, including in the United States, Japan, the European Union and other countries. Company restricts access to User Information to those employees, contractors, and agents who need to know that information for purposes of performing their obligations to Company or to you, and who are subject to contractual confidentiality obligations, and who may be disciplined or terminated if they fail to meet these obligations. Company third-party service providers store and transmit User Information in compliance with appropriate confidentiality and security measures.
5.3 Security Breach. Company cannot guarantee that unauthorized third parties will never be able to defeat Company security measures or use User Information for improper purposes. In the event that any User Information in Company’s possession or under Company’s control is compromised as a result of a security breach, Company shall give prompt notice to you, with full particulars, and shall immediately commence a thorough investigation of any such incident. Company will not be liable for any damages, claims, liability, or causes of action that arise as a result of any such security breach or for failure to give prompt notice thereof.
6. CONTACT INFORMATION; CHOICES AND CHANGES.
6.1 Changes to This Policy. This Policy is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Site or through your account. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of the Services. Continued use of
the Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the updated Policy.
6.2 Contact Information and Choices. You may send requests about personal information to the Company’s address set forth above. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.
Agreement between User and www.sandiablochurros.com
Welcome to www.sandiablochurros.com. The www.sandiablochurros.com website (the "Site") is comprised of various web pages operated by San Diablo LLC. www.sandiablochurros.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.sandiablochurros.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.sandiablochurros.com is an E-Commerce Site.
The purpose of the website is to inform, promote and gather information on clients and potential clients to provide churro services for them.
Visiting www.sandiablochurros.com or sending emails to San Diablo LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that San Diablo LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. San Diablo LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
San Diablo LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.sandiablochurros.com only with permission of a parent or guardian.
You may cancel your subscription to our email list at any time. Please contact us at firstname.lastname@example.org with any questions.
Links to Third Party Sites/Third Party Services
www.sandiablochurros.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of San Diablo LLC and San Diablo LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. San Diablo LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by San Diablo LLC of the site or any association with its operators.
Certain services made available via www.sandiablochurros.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.sandiablochurros.com domain, you hereby acknowledge and consent that San Diablo LLC may share such information and data with any third party with whom San Diablo LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.sandiablochurros.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of San Diablo LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. San Diablo LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of San Diablo LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of San Diablo LLC or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by San Diablo LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the San Diablo LLC Content accessed through www.sandiablochurros.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless San Diablo LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. San Diablo LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with San Diablo LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and San Diablo LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAN DIABLO LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SAN DIABLO LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SAN DIABLO LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
San Diablo LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and San Diablo LLC as a result of this agreement or use of the Site. San Diablo LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of San Diablo LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by San Diablo LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and San Diablo LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and San Diablo LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
San Diablo LLC reserves the right, in its sole discretion, to change the Terms under which www.sandiablochurros.com is offered. The most current version of the Terms will supersede all previous versions. San Diablo LLC encourages you to periodically review the Terms to stay informed of our updates.
San Diablo LLC welcomes your questions or comments regarding the Terms:
San Diablo LLC
10499 S. 420 E.
Sandy, Utah 84070
Effective as of October 01, 2019