2. The Information We Collect
Information You Provide to Us
There are three ways that
Healthy Oceans Seafood Company Inc. (d/b/a Pescavore) obtains information from you: (1) via registration on the Healthy Oceans Seafood Company Inc. (d/b/a Pescavore) website; (2) from an online purchase; or (3) from any other form of direct purchase from Healthy Oceans Seafood Company Inc. (d/b/a Pescavore).
How We Use The Information
We collect information you provide to us, for example when you create or modify your account, register to use our Site, purchase products from us, request information from us, contact customer support, or otherwise communicate with us. This information may include:
- Home address
- Work address
- Billing address
- Shipping address
- Email address
- Telephone number
- Credit / debit card number (solely for payment purposes)
- Date of birth
- User generated content (product feedback and comments)
Information We Collect Through Your Use of our Site
We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Site. Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyze how users use the Site. You can find out more about how Google uses data when you visit our Site by visiting “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features or other advertising networks to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.
To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative. Please note that if you choose to opt out, you will continue to see ads on our Site, but they will not be based on how you browse and shop.
Information Collected Through Cookies and Similar Technologies
No Information from Children Under Age 13
If you are under the age of 13, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we have collected personal information from a child under the age of 13, please Contact Us.
3. HOW WE USE AND SHARE YOUR INFORMATION
To Provide Products and Information. We collect information from you in order to provide products that you purchase using the Site; register and service your online account; provide information that you request from us; contact you about your orders, including contacting you by phone or via text message; process credit card and debit card transactions; ship products to you; send you promotional materials or advertisements about our products, as well as new features and offerings; administer surveys, sweepstakes, promotions and contests; provide interest-based targeted advertising to you.
Sharing with Third Parties. We may provide information to third party service providers that help us operate and manage our Site, advertise, market or promote our products, process orders, and fulfill and deliver products that you purchase from us. These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service.
We belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. Currently, our Site does not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads. You can opt-out of receiving interest-based ads from us by deleting all cookies in your browser, resetting your browser to refuse all cookies, and disabling ads in your personal settings through www.facebook.com/settings. Please note though that some Site features or services may not function properly without cookies. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative. Please note that if you choose to opt out, you will continue to see ads on our Site, but they will not be based on how you browse and shop.
Your Consent. In addition to the sharing described elsewhere in this Policy, we will share personal information with companies, organizations or individuals outside of Company when we have your consent to do so.
Legal Proceedings. We will share personal information with third party companies, organizations or individuals outside of Company if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
- Detect, prevent, or otherwise address fraud, security or technical issues.
- Protect against harm to the rights, property or safety of Company, our users, customers or the public as required or permitted by law.
4. ACCESS TO YOUR INFORMATION AND CHOICES
You can access and update certain information we have relating to your online account by signing into your account and going to the “My Account” section of our Site. If you have questions about personal information we have about you or need to update your information, you can email us at firstname.lastname@example.org, write to us at 1035 17th Avenue Santa Cruz, CA 95062, or you can Contact Us. To opt-out of receiving marketing and promotional e-mails from Company you can Contact Us, call us at (312) 624-8200, or use the opt-out or unsubscribe feature contained in the e-mails.
If you are signed up for mobile text messaging communications from the Company but later decide you no longer wish to receive them, you may opt-out of receiving text messages from us by emailing us at email@example.com or by mailing us a written request to 1035 17th Avenue Santa Cruz, CA 95062. Before changing your mobile phone number, you agree that you will opt-out of ALL text messages from Company.
You can close your online account by emailing us at firstname.lastname@example.org, writing to us at 1035 17th Avenue Santa Cruz, CA 95062, or you can Contact Us. If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud.
5. SECURITY OF YOUR INFORMATION
We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
6. CONSENT TO PROCESSING OF PERSONAL DATA IN UNITED STATES
If you are a resident of the European Economic Area (EEA) or other jurisdiction outside of the U.S., in order to provide our Site, products to you, we may send and store your personal information (also commonly referred to as personal data) outside of the EEA, including to the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our Site, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.
8. QUESTIONS AND HOW TO CONTACT US
Health Oceans Seafood Company Inc.
1035 17th Avenue
Santa Cruz, CA 95062
Attn: Chief Financial Officer
Terms and Conditions
1. Ownership of the Site
2. Site Access, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
3. Accuracy and Integrity of Information
Although Company attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site from any non-Company affiliated third party.
4. Modifications to Products and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the any of our products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products.
5. Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
6. Order Acceptance
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for with a gift card or PayPal account which are charged at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
7. Exchanges and Refunds, Quantity Limits and Sale Restrictions
Exchanges and refunds are subject to our Exchange and Refund Policy.Company reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Company and its services.
8. Online Payments
You can purchase products on the Site. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, then Company may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
9. Commercial Users
As used in this section:
(i) “Personal Information” means data by which a Visitor may be personally identified, including such Visitor's name, postal address, email address, telephone number and any other information that you collect, including that which is defined as personal or personally identifiable information under applicable Privacy and Data Security Laws;
(ii) “Privacy and Data Security Laws” means all domestic and international privacy and data protection laws, rules, regulations, best practices and regulatory guidance relating to privacy, data security, cybersecurity and Personal Information; and
(iii) “Visitors” means and refers to all visitors to your website, if applicable.
If you are visiting the Site and/or purchasing products for other than your own personal use or consumption, and you share any third party information with the Company, then you hereby represent, warrant and covenant that:
(a) all sharing of any information, including Personal Information, by you with Company is done in compliance with all applicable Privacy and Data Security Laws;
(b) if you maintain a website, you place a conspicuous notice thereon instructing Visitors how to express choices with respect to your use of Personal Information for marketing or analytic purposes;
(c) you provide notice to your Visitors in your consumer facing privacy notice as well as elsewhere on your website that data will be collected from Visitors to your website and shared with Company, if applicable.
(d) Visitors are provided with a link to the relevant privacy notice of any third party with which you may share Visitor data that is collected by a data analytics service (i.e. Google Analytics, etc.);
(e) the choices you provide Visitors for the collection and sharing of their data are in compliance with all applicable Privacy and Data Security Laws and cover sharing of data, including Personal Information, with Company;
(f)all collection and sharing of Personal Information is done in accordance with the Visitor's expressed choices;
(g) all sharing of data with Company is in compliance with any and all applicable global cross-border transfer and data localization provisions of any Privacy and Data Security Laws;
(h) you shall not share health information, financial information, or information about children or minors with Company; and
(i) (a) you have reasonable measures in place to ensure that health information, financial information, and information of children or minors is not shared with Company.
10. Links to Other Sites
Company makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
11. User Generated Content, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company for the purposes and Company’s use as set forth herein. Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Company reserves the right to monitor and edit or remove any User Generated Content submitted to the Site. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any User Generated Content you post or allow to be posted to the Site.
12. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Health Oceans Seafood Company Inc.
1035 17th Avenue
Santa Cruz, CA 95062
Attn: Chief Financial Officer
13. Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITEIS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
14. Limitation of Liability Regarding Use of Site
COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $100 (ONE HUNDRED DOLLARS).
15. Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site, including products ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
16. Revisions; General.