PRIVACY POLICY

This PRIVACY POLICY (this “Policy”) is intended to explain the privacy practices of De Alba Tamales, LLC (“Company”) with respect to this website, DeAlbaTamales.com (the “Site”), and provide you, the person accessing or using the Site and any person helping you access or use this Site (collectively, “you” or “your”), with an overview of the following:

1. The categories of information Company collects about you through the Site;
2. How Company collects such information;
3. How Company uses such information;
4. Who will have access to such information; and
5. Company’s security measures for protecting such information.

Carefully read each and every term and condition of this Policy in its entirety.

This Policy only applies to information collected through the Site.

By accessing or using the Site, you are automatically accepting and agreeing to the most-recent version of both this Privacy Policy and the Site’s Terms of Use (which governs your access and use of the Site), and your continuing access or use of the Site reaffirms your acceptance and agreement in each instance.

1. Categories of Information Collected Through the Site.

Company may collect personal and non-personal information about you through the Site. The term “personal information” means information that would allow someone to contact you physically or online, including your name, physical address, telephone number, e-mail address, or social security number. The term “non-personal information” means any information other than personal information that Company may collect from you. The categories of personal and non-personal information that Company collects from you through the Site may include your:

• Name (first, last, and/or middle);
• Address (street address, city, state, zip code, and country);
• Telephone number;
• Facsimile number;
• E-mail address;
• Credit card information (g., card number, expiration date, verification code); and/or
• Internet protocol (or IP) address.

2. A Special Note About Minors.

The Site is not designed or intended to attract children under thirteen (13) years of age. Company does not collect personal information through the Site from any person Company actually knows to be under thirteen (13) years of age. If Company obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then Company will permanently delete such personal information from its records. The foregoing is a description of Company’s voluntary practices concerning the collection of personal information through the Site from persons under thirteen (13) years of age, and is not intended to be an admission that Company is subject to the Children’s Online Privacy Protection Act or the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s).

3. How Information Is Collected Through the Site.

Company may collect personal and non-personal information from you whenever it asks you for such information, such as, for example, when you process a payment, purchase a product, or answer an online survey or questionnaire.

In addition, if you or a third party send Company a comment, message or other communication (such as, by way of example only, e-mail, letter, fax, phone call, or voice message) about you or your activities on the Site, then Company may collect any personal or non-personal information provided therein or therewith.

By accessing or using the Site, you acknowledge and agree in each instance that you are giving Company permission to monitor or otherwise track your activities on the Site, and that Company may use the aforementioned tracking, data aggregation, and data analysis technologies in any e-mails it sends you.

4. Use of Information Collected Through the Site.

Company may use your personal and non-personal information in a variety of ways, such as, for example, to:

• Fulfill your requests;
• Process your orders and payments;
• Help ship your orders;
• Send you communications like, for example, administrative e-mails, and answers to your questions;
• Provide you with information about Company;
• Provide you with information about third-party businesses, products, and services;
• Improve the Site’s content and features;
• Improve Company’s products and services;
• Improve Company’s marketing efforts;
• Analyze traffic to the Site;
• Analyze user behavior and activity on the Site;
• Conduct research and measurement activities;
• Monitor the activities of you and others on the Site;
• Protect Company’s rights and properties; and/or
• Protect the rights and properties of others (which may include you).

Company reserves the right to use your personal and non-personal information when required by applicable law, court order, or other governmental authority (including, without limitation and by way of example only, in response to a subpoena), or when Company believes in good faith that such use is necessary or advisable (including, without limitation and by way of example only, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights, obligations, or properties of Company, a user of the Site [which may include you], or anyone else who may be harmed by such activities).

5. Sharing of Information Collected Through the Site.

Unless you otherwise consent, Company will not share your personal information with any persons or entities besides the following:

• Company’s privacy administrator(s);
• Company’s other officers, directors, employees, and agents;
• Company’s legal and financial advisors;
• Company’s parent, subsidiary, and affiliated companies;
• Company’s affiliate service providers;
• Company’s successors;
• Third parties who manage certain aspects of the Site and/or the Site’s features, products or services (including, without limitation and by way of example only, web hosting company(s), credit card or other payment processing company(s), and support services company(s)); and/or
• Net.

Company does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, Company may freely share non-personal information with its affiliates, suppliers, employees, and agents, as well as with other individuals, businesses, and government entities.

6. Transactions.

In connection with any product that you order or purchase through the Site, you may be asked to supply certain information relevant to your order or purchase, including, without limitation, your credit card number and expiration date, your billing address, your phone number, your e-mail address, and/or your shipping information. By submitting such information, you grant Company the irrevocable, unencumbered, royalty-free, fully-paid, and perpetual right to provide such information to third parties (e.g., payment processing companies, common carriers) for the purpose of facilitating the transaction.

All credit card transactions occur through an online payment processing application provided by Authorize.Net that is accessible through the Site. Additional information about Authorize.Net, its privacy policy, and its information security measures (collectively, the “Authorize.Net Policies”) should be available on its website located at http://www.authorize.net (last visited July 21, 2014) or by contacting Authorize.Net directly. Reference is made to the Authorize.Net Policies for informational purposes only and are in no way incorporated into or made a part of the Terms of Use. Company’s relationship with Authorize.Net is merely contractual in nature, as Authorize.Net is nothing more than a third-party vendor to Company, and is in no way subject to Company’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, or the like.

7. Third Party Advertisements, Websites, and Platforms.

The Site and/or e-mail messages sent through or as a function of the Site may contain links to third-party websites and platforms. To the fullest extent permitted by law, Company is not responsible for, and you hereby release Company from any liability which may arise from, such third party websites and platforms (including, without limitation, the privacy policies and practices of such third-party websites and platforms).

8. Security.

Company implements security measures to help protect your personal information, as collected by Company through the Site. For example, when you provide Company with information concerning the delivery of an order placed through the Site, Company or a third party vendor encrypts the transmission of information over the Internet using secure socket layer (SSL) technology.

Regardless of the foregoing, please observe that “perfect” or “100%” security does not exist on the Internet.  Therefore, your access and use of the Site, and your opening of any e-mails sent through or as a function of the Site, are done at your own risk.

To help maintain the security of your personal information, Company asks that you please notify it immediately of any unauthorized access or use of the Site, its features, or its content.

9. Your California Privacy Rights.

If you are a resident of the State of California and Company has an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following: (a) information from Company free of charge regarding the manner in which Company shares certain personal information collected through the Site with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of Company’s sharing of such information with such third parties. Please submit these requests to any one of the following:

By mail:          De Alba Tamales, LLC, attn.: Site Administrator, 902 S. Cage Boulevard, Pharr, Texas 78577, with a subject line of “California Privacy Rights”.

By e-mail:       admin@dealbatamales.com, with a subject line of “California Privacy Rights”.

Each such request must be labeled “Your California Privacy Rights” on the e-mail or letter subject line. For each such request, please clearly state the nature of your request; that the request is related to “Your California Privacy Rights”; your name, street address, city, state, zip code, and e-mail address; and whether you prefer to receive a response to your request by e-mail or postal mail. Company will not accept any such requests via telephone or fax. Company is not responsible for any requests which are incomplete, incorrectly labeled, or incorrectly sent.

Further, Company does not respond to “do not track” (DNT) signals.

Finally, as explained further above, Company does not authorize third parties to collect your personal information when you use the Site, except as expressly stated in this Policy. To the fullest extent permitted by law, Company is not responsible for, and you hereby release Company from any liability which may arise from, such third parties’ unauthorized collection of your personal information.

1. Modifications of this Policy.

Company may supplement, amend, or otherwise modify this Policy at any time without notice to you. Such supplements, amendments, and other modifications will be posted on this or a similar page of the Site, and shall be deemed effective as of their stated effective date. It is your responsibility to carefully review this Policy each time you access or use the Site.

Again, by accessing or using the Site, you are automatically accepting and agreeing to the most-recent version of this Policy, as well as the most-recent version of the Site’s Terms of Use, and your continuing access or use of the Site reaffirms your acceptance and agreement in each instance.

1. Severability.

If any term or condition of this Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the original intent of this Policy.

2. Contact Us.

Please direct any questions or comments you may have about this Policy to any one of the following:

By mail:          De Alba Tamales, LLC, attn.: Site Administrator, 902 S. Cage Boulevard, Pharr, Texas 78577, with a letter subject/reference line of “Privacy Policy Question”.

By phone:       (956) 702-8100

By e-mail:       admin@dealbatamales.com, with a subject line of “Privacy Policy Question”.

The foregoing contact information may change from time-to-time by supplementation, amendment or modification of this Policy.

3. Effective Date.

The effective date of this Policy is July 21, 2014.