As used herein the following terms have the definitions set forth below.
Non-Personally Identifying Information includes your Internet Protocol (“IP”) address, the type of computer you are using; your computer browser information; the Internet address that you visited prior to and after reaching our Site; and the name of the domain and host you used to access the Internet (your web service provider identity). This information is non-personally identifiable and/or anonymous. Non–Personally Identifying Information is information that, without more, cannot be directly associated with a specific person or entity.
Personally Identifying Information
Personally Identifying Information is information that, without more, can be directly associated with a specific person or entity. This information includes, for example, a name, address, telephone number or email address. Personally Identifying Information also includes information about a person or entity’s activities – including as gathered by means of cookies, Web beacons or in some other manner – when linked to information directly associated with them. Cookies and web beacons are defined below.
A Web beacon, or Web bug, is a sometimes invisible image embedded in a Web page, Web based document or e–mail message. Web beacons permit website operators or third parties to monitor the IP address and other information about the browser and computer downloading the image. It is possible to use Web beacons in combination with Personally Identifying Information to profile the online activities of website visitors.
Information that is not Personally Identifying Information is often also referred to as "Aggregate Information." This term includes Non-Personally Identifying Information such as a user's Internet Protocol (IP) address, Web site/page traffic and other statistics, and demographic data. Most aggregate information is collected automatically. Depending on its settings, your web browser may automatically send Aggregate Information to us.
Puro Chile™ and/or Pure Chile™
Puro Chile™ and Pure Chile™ are the trade names for the Pure Chile Corporation. References to either are equally applicable to the other. Pure Chile™ and Puro Chile™ are trademarks of the Pure Chile Corporation, are protected by international and US law, and may not be used without advance express written permission.
Information Collected From Site Users
As a condition of permitting you to use our Site, Puro Chile™ does not collect or require Users to furnish Personally Identifying Information. It also does not collect or require information regarding preferences such as referring site or date and time of each User request. Like most website operators, Puro Chile™ collects from Visitors Non–Personally Identifying Information of the sort that web browsers and servers typically make available.
Use of Aggregate Information
Puro Chile™ uses Aggregate Information to analyze trends, administer the Site and gather broad demographic information for aggregated use. Collecting this information helps us design the site to suit your needs. The information is also used in order to provide our connection service, provide customer service and improve our service.
Use of Non-Personally Identifying Information
Puro Chile’s™ purpose in collecting Non–Personally Identifying Information is to analyze how Users use the Site so that it can improve the User’s experience. From time to time, Puro Chile™ may release Non–Personally Identifying Information, uncorrelated with Personally Identifying Information, in the aggregate, e.g., by publishing a report on trends in the usage of its Site.
Use of Web Beacons and Bugs
Puro Chile™ and certain of its contractors, including those who provide links to the Site, use Web beacons to help track the movements of Users, and to provide a more customized and efficient User experience.
Information Collected From Customers
In addition to the information that it collects from Users generally, Puro Chile™ collects from its Users certain Personally Identifying Information. Personally Identifying Information includes information that is necessary or useful to provide any services requested by a Customer, including but not limited to; information related to the location of the Customer to determine whether a sale can be completed, credit check, billing and payment processing functions; provision of customer service; identification of Customers for account administration purposes; detection and prevention of unauthorized uses of the Site or services of Puro Chile™; and carrying out of any other activity described in or contemplated by any sales or end user agreement. The type and amount of Personally Identifying Information that Puro Chile™ collects varies among Customers, but could include, without limitation, the following:
- Name, address and telephone number;
- Email address;
- Credit card, bank account or other financial information;
- Social security number and/or driver’s license number;
- Billing, payment, deposit and customer service histories;
- Site usage history and Site preferences, including without limitation as gathered by means of cookies, Web beacons and other technologies;
- Purchase options, or purchase consumption history (principally for states that limit shipments to that state per period);
- Technical information relating to the User’s computer; and
- Password, PIN or other security–related information.
Customers can always refuse to supply Personally Identifying Information, with the caveat that doing so will prevent the sale or shipment of certain or any of the products of Puro Chile™.
Supplemental Personally–Identifying Information
Puro Chile™ may also combine Personally Identifying Information it collects from Customers with other information that it lawfully receives from other sources, such as third party vendors, consumer reporting agencies and marketing or information firms (“Supplemental Information”). Puro Chile™ uses and discloses Supplemental Information for the same purposes, in the same manner and under the same conditions as Personally Identifying Information generally.
As with cookies, Puro Chile™ also uses Web beacons, in combination with Personally Identifying Information and other information, to facilitate Customers’ interactions with the Site and services and functions provided by Puro Chile™.
Disclosure of Personally–Identifying Information
BY BECOMING A CUSTOMER YOU CONSENT TO THE TRANSFER OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED HEREIN OR UNDER THE TERMS OF YOUR CREDIT CARD OR OTHER MERCHANT ACCOUNT AGREEMENT OR OTHER AGREEMENT WITH PURO CHILE™. IF YOU DO NOT CONSENT TO SUCH DISCLOSURE, YOU MUST NOT PURCHASE GOODS OR SERVICES FROM THE SITE.
By Law or to Protect Rights
Puro Chile™ discloses Personally Identifying Information when required to do so by law, or when Puro Chile™ believes in good faith that disclosure is reasonably necessary to protect the property or rights of Puro Chile™ and its Affiliates, contractors and Suppliers, other third parties, or the public at large.
Puro Chile™ would like to provide Customers with notice of new products, services and features, whether offered by Puro Chile™ or others. When such information concerns the products, services and features of Puro Chile™ or its Affiliates, Puro Chile™ and its Affiliates will provide such information to those of its Customers who have opted to receive it by means of posted mail or email directed to those Customers’ most recently submitted addresses. Customers who opt to receive product, service and features-related communications from third parties may also receive such information by posted mail or email. Puro Chile™ will not send Customers text messages concerning new products, services or features without first obtaining those Customers’ consent to do so. If you wish to opt-in or opt-out of receiving certain marketing communications, you should contact Puro Chile™ Customer Service.
Contests, Giveaways and Surveys
To the extent permitted by law Puro Chile™ and its Suppliers may offer you the opportunity to participate in contests, giveaways and other promotions. Any information you submit in connection with such activities will be treated by Puro Chile™ and its Suppliers in accordance with this Agreement. Puro Chile™ may also ask you to participate in surveys designed to help Puro Chile™ improve the Site, or its services and product offerings. Any Personally Identifying Information provided to Puro Chile™ in connection with any survey will be used only by Puro Chile™, its Affiliates and its contractors related to that survey, and will not be disclosed to any other entity, except in aggregated, Non-Personally Identifying form.
Unpaid Customer Accounts
When a Customer fails to pay any balance owed Puro Chile™, Puro Chile™ may, as permitted by law, report that Customer, including without limitation information concerning the balance owed and other of the Customer’s Personally Identifying Information, to consumer credit reporting services, collection agencies and others.
Puro Chile™ does not disclose Customers’ Personally Identifying Information to third parties for the third parties’ direct marketing purposes, as and to the extent required by California Civil Code 1798.83.
Third Party Collection of Personally-Identifying and Other Information
Information Relating to Minors
All use of the Site and products and services of Puro Chile™ are strictly limited to those eighteen (18) years of age or older. Use of the Site or purchases from Puro Chile™ by those under eighteen (18) years of age are strictly prohibited. Puro Chile™ also does not knowingly solicit or collect Personally Identifying Information, from anyone under eighteen (18) years of age. Puro Chile™ will require proof of age for any purchase, and will require the signature of an adult for any purchase. Puro Chile™ reserves the right to store any necessary information in order to enforce applicable laws concerning the sale and delivery of products.
Protection of Personally-Identifying Information
Puro Chile™ takes all physical, electronic and procedural measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of Personally Identifying Information. Puro Chile™ does not store credit card numbers of Customers once a transaction is completed.
Updating of Personally–Identifying Information
Puro Chile™ permits its Customers to freely update, correct, or delete any Personally Identifying Information maintained by Puro Chile™ by contacting Puro Chile™ Customer Service.
How does Puro Chile™ use security safeguards of my information?
We are committed to properly utilizing the information and data in the Puro Chile™ service. To help us accomplish this, we take the following steps:
- We employ internal access controls on the information.
- We use resources that train relevant personnel on our privacy procedures.
- We physically secure the areas where we hold hard copies of the information we collect.
- We use third party sources that regularly back up the information we collect online to ensure against loss.
- We use technical controls to secure the information we collect online as appropriate, including but not limited to: Secure Socket Layer (SSL), encryption, firewalls and password protections.
- Our qualified third party datacenter source periodically tests our data security procedures to ensure technical compliance.
Information from CHILDREN
As Puro Chile™ prohibits Site access by children, it also does not intentionally collect Personally Identifiable Information from anyone whom we know to be under the age of thirteen (13). Puro Chile™ complies with the Children's Online Privacy Protection Act (COPPA). To find out more about COPPA, please click on the following link: http://www.ftc.gov/privacy/privacyinitiatives/childrens.html
Links to Other Sites
Warranties and Limitation of Liability
EXCEPT AS MAY BE EXPRESSLY STATED IN THIS POLICY, PURO CHILE™ MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, IN ITS OFFERING OF GOODS, SERVICES OR OF THIS SITE. PURO CHILE™ DISCLAIMS (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF ACCURACY OR RESULTS; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY; AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR INFRINGEMENT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO FAULT, NEGLIGENCE OR STRICT LIABILITY, SHALL PURO CHILE™ , ITS CURRENT OR PAST OFFICERS, DIRECTORS, SHAREHOLDERS OR AFFILIATES BE LIABLE FOR (i) ANY SPECIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS, LOST BUSINESS OR GOODWILL, DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, PERSONAL INJURY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, ANY OTHER PECUNIARY LOSS ,OR ANY DAMAGES SIMILAR TO THE ABOVE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF PURO CHILE™ HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST ANY USER OF THIS SITE OR OF THE GOODS OR SERVICES OF PURO CHILE™, OR ANY THIRD PARTY, FOR ANY DAMAGES INCLUSIVE OF THOSE SET FORTH ABOVE.
Governing Law; Venue and Jurisdiction.
Any disputes involving this Site or the goods or services of Puro Chile™ shall be resolved in the State of New York in accordance with its laws and exclusive of its choice of law rules. All Users of this Site and Customers of Puro Chile™ expressly consent to personal jurisdiction in the state and federal courts of Manhattan Borough, New York, New York and agree that venue is proper in those courts, exclusive of all others.
Whom can I CONTACT if I have questions or concerns?
Privacy Puro Chile™
221 Centre Street
New York, New York 10013
This policy is effective as of and was last updated on September 13, 2010.
© 2009-2010. Pure Chile Corporation. All rights reserved. Use prohibited without express advance written permission. Puro Chile™ and Pure Chile™ are trademarks of the Pure Chile Corporation and are protected under US and international law.