TERMS AND CONDITIONS OF USE
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE. The La Viuda Food Company, Inc ("De La Viuda") maintains this web site as a
service to our customers, and by using our site you are agreeing to comply with and be bound by
the following terms of use. Please review the following terms and conditions carefully, and
check them periodically for changes. If you do not agree to the terms and conditions, you should
not review information or obtain goods, services or products from this site.
TERMS AND CONDITIONS OF USE AGREEMENT
• Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms
and Conditions of use Agreement (“Agreement”) with respect to our site (the “Site”).
This Agreement constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or services provided by or
through the Site, and the subject matter of this Agreement. This Agreement may be
amended by us at any time and from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this Agreement prior
to using the Site.
• Copyright. The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under applicable
copyrights, trademarks, registered trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or publication by
you of any such matters or any part of the Site, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the Site.
The posting of information or materials on the Site does not constitute a waiver of any
right in such information and materials.
• Fraud. By creating an account, you confirm that the information provided in this form is
true and that you agree to abide by the Terms and Conditions of use of this site. Please
note that your account can be canceled without notice if it is determined that false or
misleading information has been provided, the Terms and Conditions of use have been
violated, or other abuses have occurred as determined by La Viuda Food Company in its
sole discretion.
• Limited Right to Use. The viewing, printing or downloading of any content, graphic,
form or document from the Site grants you only a limited, non-exclusive license for use
solely by you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for your personal use
(but not for resale or redistribution).
• Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or
delete any documents, information or other content appearing on the Site, including this
Agreement, without further notice to users of the Site.
• Nontransferable. Your right to use the Site is not transferable. Any password or right
given to you to obtain information or documents is not transferable and may only be used
by you.
• Use of Information. We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information provided by you in any
manner consistent with our Privacy Policy.
• Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this
Agreement.
• Payments. You represent and warrant that if you are purchasing something from De La
Viuda that (i) any credit card information you supply is true, correct and complete, (i)
charges incurred by you will be honored by your credit card company, and (iii) you will
pay the charges incurred by you at the posted prices, including any shipping fees and
applicable taxes. We do not accept reseller or sales and use tax exemption certificates for
online sales.
• Links to Other Web Sites. Our Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or completeness by us.
The inclusion of any linked Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
• Submissions. All suggestions, ideas, notes, concepts, product reviews and other
information you may from time to time send to us (collectively, “Submissions”) shall be
deemed and shall remain our sole property and shall not be subject to any obligation of
confidence on our part. Without limiting the foregoing, we shall be deemed to own all
known and hereafter existing rights of every kind and nature regarding the Submissions
and shall be entitled to unrestricted use of the Submissions for any purpose, without
compensation to the provider of the Submissions.
• Verify Members’ Address. De La Viuda reserves the right to contact a Member via email
to verify the accuracy of account information (including the Member’s correct name and
address) that is needed to provide the Member with the information he or she requested
from De La Viuda.
• Order Modification/Rejection. De La Viuda reserves the right to reject or modify an
order, whether or not such order has been confirmed and/or your credit card has been
charged. You will be notified of any rejection or changes to your order at the email
address you provided at check out. If your credit card has already been charged and any
portion of your order is rejected, we will issue a credit to your credit card account for the
amount rejected.
• Returns Policy. We do not accept returns on consumable items. We will only grant
refunds for items that were damaged/expired at time of delivery. Items must be purchased
from De La Viuda to receive a refund. Please Contact Us if you received a damaged
product that you purchased from The Site. If you purchased from a third party retailer,
such as a grocery store or other online retailer, and your De La Viuda product is
damaged, all returns of that product must be made in compliance with said retailer's
return policy.
PRIVACY POLICY
Effective Date: August 28, 2020
This Customer Privacy Policy of The La Vuida Food Company, Inc. (“Company”) covers the
collection, use, and disclosure of personal information that may be collected by the Company
anytime you interact with the Company, such as when you visit our web site, when you purchase
the Company's products and services online, or when you call our sales or support associates.
Please take a moment to carefully read the following to learn more about our information
practices, including what type of information is gathered, how the information is used and for
what purposes, to whom we disclose the information, and how we safeguard your personal
information. Your privacy is a priority at the Company, and we go to great lengths to protect it.
• Reasons the Company Collects Personal Information We collect your
personal information because it helps us deliver a superior level of customer service. It
enables us to give you convenient access to our products and services and focus on
categories of greatest interest to you. In addition, your personal information helps us keep
you posted on the latest product announcements, special offers, and events that you might
like to hear about.
If you do not want the Company to keep you up to date with our news and the latest
information on products and services click info@laviudafood.com and update your
personal contact information and preferences.
• Information the Company Collects and How the Information May be Used
There are a number of situations in which your personal information may help us give
you better products. For example:
We may ask for your personal information when you're discussing a service issue on the
phone with an associate, participating in an online survey, or purchasing a product.
When you interact with the Company, we may collect personal information relevant to
the situation, such as your name, mailing address, phone number, email address, and
contact preferences; your credit card information, gender, where you live, your date of
birth, purchase history, personal preferences with regard to marketing, and information
relating to a support or service issue.
We also collect information for market research purposes — such as your occupation and
where you use your Company products—to gain a better understanding of our customers
and thus provide more valuable service.
We collect information regarding customer activities on our web sites. This helps us to
determine how best to provide useful information to customers and to understand which
parts of our web sites, products, and Internet services are of most interest to them.
We may use personal information to provide products that you have requested as well as
for auditing, research, and analysis to improve our products.
This information may be shared with third parties or in special circumstances as
described elsewhere in this policy.
• Your Online Company ID and Related Information Our web site allows you
to create User ID based on your personal information. This convenient service saves you
time and allows for easier use of our web services. In order to create your User ID you
will need to create a personal profile by providing your name, phone number, email
address, and in some cases your mailing address or a credit card number. The system
saves the information in your personal profile and assigns you your own unique personal
User ID which you can use when performing various activities relating to our web site
and the products and services you purchase from the Company.
• When the Company Discloses Your Information The Company takes your
privacy very seriously. The Company does not sell or rent your contact information to
other marketers.
To help us provide superior service, your personal information may be shared with legal
entities within our corporate group globally who will take steps to safeguard it in
accordance with our privacy policy.
There are also times when it may be advantageous for the Company to make certain
personal information about you available to companies that the Company has a strategic
relationship with or that perform work for the Company to provide products and services
to you on our behalf. These companies may help us process information, extend credit,
fulfill customer orders, deliver products to you, manage and enhance customer data,
provide customer service, assess your interest in our products and services, or conduct
customer research or satisfaction surveys. In such situation these companies are
prohibited from using your personal information for any unauthorized purposes and are
also obligated to protect your information in accordance with the Company's policies,
except if we inform you otherwise at the time of collection. Without such information
being made available, it would be difficult for you to purchase products, have products
delivered to you, receive customer service, provide us feedback to improve our products
and services, or access certain services, offers, and content on our web site.
The Company may take the personal information we receive from individuals responding
to our customer surveys and combine (or aggregate) it with the responses of other
customers we may have, to create broader, generic responses to the survey questions
(such as gender, age, residence, hobbies, education, employment, industry sector, or other
demographic information). The Company then uses the aggregated information to
improve the quality of its services to you, and to develop new services and products. This
aggregated nonpersonally identifying information may be shared with third parties.
We also reserve the right to disclose your personal information for any reason if, in our
sole discretion, we believe that it is reasonable to do so, including credit agencies,
collection agencies, merchant database agencies, law enforcement, litigation or to satisfy
laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act,
regulations, or governmental or legal requests for such information. We may also disclose
personal information that is necessary to identify, contact, or bring legal action against
someone who may be violating our contracts, policies and procedures. Finally we may
also disclose information about you if we determine that for national security, law
enforcement, or other issues of public importance, disclosure is necessary.
• How the Company Protects Your Personal Information The Company takes
precautions—including administrative, technical, and physical measures—to safeguard
your personal information against loss, theft, and misuse, as well as unauthorized access,
disclosure, alteration, and destruction.
Our web sites use Secure Sockets Layer (SSL) encryption on all web pages where
personal information is required and to make online purchases you must use an SSLenabled
browser in order to protect the confidentiality of your personal and credit card
information while it's transmitted over the Internet. You can help us by also taking
precautions to protect your personal data when you are on the Internet. Change your
passwords often using a combination of letters and numbers, and make sure you use a
secure web browser.
While we make every effort to ensure the integrity and security of our network and
systems, we cannot guarantee that our security measures will prevent third-party
“hackers” from illegally obtaining your personal information.
• Integrity of Your Personal Information The Company has safeguards in place
to keep your personal information accurate, complete, and up to date for the purposes for
which it is used. You always have the right to access and correct the personal information
you have provided and can help us ensure that your contact information and preferences
are accurate, complete, and up to date by checking at laviudafood.com. In addition, you
can request a copy of your personal information, your product registration history, and
your interactions with our sales and support agents by contacting us at the email address
below.
• Privacy of Children Protecting children's privacy is especially important to us.
The Company recognizes that parents, guardians, or other adults often purchase our
products for family use, including use by minors. We do not knowingly collect personal
information from children under 13 for marketing purposes, but because some
information is collected electronically, it can appear to be the personal information of the
Company purchaser of the product, and will be treated as such by this privacy policy. If a
child under 13 submits personal information to the Company and we learn that that
personal information is the information of a child under 13, we will attempt to delete the
information as soon as possible. It is our policy to comply with the Children's Online
Privacy Protection Act of 1998 and all other applicable laws. Therefore we restrict our
web site to persons 18 years or older.
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THE
COMPANY'S WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU
ARE NOT PERMITTED TO ACCESS THE COMPANY'S WEB SITE FOR ANY
REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THAT WEBSITE, NO
INFORMATION OBTAINED BY THAT WEBSITE FALLS WITHIN THE
CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998 AND IS NOT
MONITORED AS DOING SO.
• Cookies and Other Technologies As is standard practice on many corporate
web sites, our web site uses “cookies” and other technologies to help us understand
which parts of our web sites are the most popular, where our visitors are going, and how
much time they spend there. We also use cookies and other technologies to make sure
that our online advertising is bringing customers to our products and services. We use
cookies and other technologies to study traffic patterns on our web site, to make it even
more rewarding as well as to study the effectiveness of our customer communications.
And we use cookies to customize your experience and provide greater convenience each
time you interact with us.
If, however, you prefer not to enable cookies, please go to the website for the search
engine you use, which explains step by step how you can disable cookies. Please note
that certain features of our web site will not be available once cookies are disabled.
As is true of most web sites, we gather certain information automatically and store it in
log files. This information includes Internet Protocol (IP) addresses, browser type,
Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp,
and clickstream data. We use this information, which does not identify individual users,
to analyze trends, to administer the site, to track users' movements around the site and to
gather demographic information about our user base as a whole. The Company will not
use the information collected to market directly to that person.
In some of our email messages we may use a “click-through URL” linked to content on
our web site. When customers click one of these URLs, they pass through our web server
before arriving at the destination web page. We track this click-through data to help us
determine interest in particular topics and measure the effectiveness of our customer
communications. If you prefer not to be tracked simply avoid clicking text or graphic
links in the email.
In addition we may use pixel tags—tiny graphic images—to tell us what parts of our web
site customers have visited or to measure the effectiveness of searches customers perform
on our site. Pixel tags also enable us to send email messages in a format customers can
read. And they tell us whether emails have been opened to ensure that we're sending only
messages that are of interest to our customers. We may use this information to reduce or
eliminate messages sent to a customer. We store all of this information in a US-based
datacenter in addition to multiple data processing locations including the US, Australia
and Germany."
• Commitment to Your Privacy As we said, the Company takes protecting your
privacy very seriously. To make sure your personal information is secure, we
communicate these guidelines to our employees and strictly enforce privacy safeguards
within the company. In addition, the Company supports industry initiatives, such as
TRUSTe, to preserve privacy rights on the Internet and in all aspects of electronic
commerce.
• International Users The Company abides by the safe harbor framework set forth
by the U.S. Department of Commerce regarding the collection, use, and retention of
personal information collected from the European Union.
• Links to Sites of Other Companies Our web site has links to the sites of other
companies. We are not responsible for their privacy practices. We encourage you to learn
about the privacy policies of those companies.
• Further Questions Regarding Privacy If you have questions or concerns about
the Company's Customer Privacy Policy or data processing, please use the appropriate
regional email addresses (see list below) to contact us. The Company will respond to
your inquiry within 30 days.
• If you do not want the Company to keep you up to date with Company news and
the latest information on products and services you can update your personal contact
information and preferences. Naturally, if you notify us that you do not want us to use
your information for a particular purpose, we will not do so.
• Effective Date; Updates to Privacy Policy The terms and conditions in this
policy statement came into effect on September 1, 2002. The Company reserves the right
to revise, amend, or modify this policy at any time and in any manner. When we change
the policy in a material way a notice will be posted on our web site along with the
updated privacy policy. Your use of our web site and any other services provided by the
Company after such changes are implemented constitutes your acknowledgement and
acceptance of these changes. Please consult this privacy statement prior to every use for
any changes.
Notice of Compliance to California Residents
California law requires that we provide you with a summary of your privacy rights under
the California Online Privacy Protection Act (“California Act”) and the California
Business and Professions Code. As required by the California Act, this privacy policy
identifies the categories of personally identifiable information that we collect through our
web site about individual consumers who use or visit our web site and the categories of
third-party persons or entities with whom such personally identifiable information may
be shared.
Depending on the visitor's activity at our web site, certain “personally identifiable
information” (as that term is defined in the California Act) may be collected, in addition
to information set forth in other sections of this document. For purposes of the California
Act, the term “personally identifiable information” means individually identifiable
information about an individual consumer collected online by us from an individual and
maintained by us in an accessible form, and may include any of the following:
• A first and last name;
• A home or other physical address, including street name and name of a
city or town;
• An email address;
• A telephone number;
• A social security number;
• Any other identifier that permits the physical or online contacting of a
specific individual;
• Information concerning a user that the web site collects online from the
user, and maintains in personally identifiable form, in combination with an
identifier described within this privacy policy.
• See Section 6 above entitled “Integrity of Your Personal Information” for a
description of the process maintained by the Company for an individual consumer who
uses or visits our web site to review and request changes to any of his or her personally
identifiable information that is collected through our web site.
See Section 13 above entitled “Effective Date; Updates to Privacy Policy” for a
description of the process by which the Company notifies consumers who use or visit our
web site of material changes to the Company's privacy policy. The effective date of this
privacy policy is also included in Section 13 above.]
California Shine the Light Law (SB 27) Compliance Statement
Under California S.B. 27 (“Shine the Light” Law), California residents have the right
under certain circumstances to receive, once a year, information about third parties with
whom we have shared information about you or your family for their marketing purposes
during the previous calendar year, and a description of the categories of personal
information shared. To make such a request, please send an email
to info@laviudafood.com and please include the phrase “California Privacy Request” in
the subject line, the domain name of the web site you are inquiring about, along with your
name, address and email address. We will respond to you within thirty days of receiving
such a request.]