SANTA CLARA, INC. PRIVACY NOTICE
Privacy Policy Scope
Effective Date: July 1, 2024
To download and/or print this Privacy Policy (“Privacy Policy”), click here.
Click here to view our Terms of Use.
PRIVACY NOTICE SCOPE
Welcome! The Santa Clara Privacy Notice (“Notice”) applies to your use of any online services (e.g., website) that posts a link to this Notice, regardless of how you access or use it, as well as to how we handle Personal Information offline.
This Privacy Notice is posted in interactive format to ease your review, especially using smart phones and other devices with small screens. It is important that you read and understand the entire Privacy Notice before using the Service.
FULL SANTA CLARA, INC. PRIVACY NOTICE
Thank you for visiting Santa Clara, Inc., an online service (e.g., website) owned and operated by Tabacalera USA Inc. (referred to herein as “Company,” “we”, or “our”) and that posts a link to this Notice (“Service”). This Notice will provide you with information about how Company collects, uses, and shares information about you, including the choices Company offers with respect to that information. This Notice applies to your use of any Service, regardless of how you access or use it. For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.
By visiting or otherwise using the Service, you agree to the Service’s Terms of Use and to Company’s data collection, use, and disclosure practices, and other activities as described in this Notice, and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree to our practices described in this Notice, please discontinue the use of our Service, and uninstall Service.
The Service is designed only for use by adults twenty-one (21) years of age or older. We do not knowingly collect or sell the Personal Information of minors.
1. INFORMATION WE COLLECT AND USE.
a. Information that You Provide.
Company, and/or its Service Providers (defined below), may collect information you provide directly to Company and/or its Service Providers via the Service. For example, Company collects information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact through the Service. We issue users a username (which should not be your real name) and password to authenticate users and track their activities on the Service in connection with the registered Santa Clara, Inc. U.S.A. commercial customer the user represents (“Retailer”). This allows us to service our Retailers via the Service while minimizing the information we collect from individual users. For more information on Service Provider data collection and practices click here.
In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties. For more information on how and why we share your information with third parties and service providers, please see the section of this Notice titled “Information We Share With Third Parties.”
We may collect Personal Information from you for the following purposes:
- Account Creation and Management: To process your registration, manage your account, upload your User Generated Content (“UGC”), confirm your age to allow you to use the Service, confirm your veteran status for discounts, or otherwise manage your interactions and transactions, we may collect your name; home address; IP address; purchasing tendencies; records of products or services considered; records of products or services purchased; personal email; postal address; billing address; contact details; date of birth; phone number; work email; and military veteran status;
- Communications and Transactions: When we process interactions and transactions, including when we transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices, we may collect your account name; full name; home address; personal email; postal address; billing address; city; state; credit card number; and debit card number;
- Marketing: For the Company’s and Affiliates’ marketing and other purposes, we may collect information about your purchasing transactions; records of products or services considered; records of products or services purchased; geolocation (by default, general location based on IP address, or precise geolocation if enabled); social media contact; age; attitudes; behavior; characteristics; predispositions; account name; full name; home address; personal email; postal address; subscriber identification number; unique personal identifier; account age; account number; credit card number; date of birth; phone numbers; work email; age; marital status; gender identity and gender expression; and military or veteran status;
- Business Wholesale License Documents: If you interact with us on behalf of a business, we may collect your account name; full name; username; account number; billing address; city; credit card number; and phone numbers to confirm your company’s license to operate in a given state;
- Leases: If you interact with us on behalf of a business with a commercial lease, we may collect your full name; home address; postal address; signature; account number; bank account information; routing number; company/entity; job title/role; office location; and work email to fulfill our contractual obligations; and
Sometimes we will de-identify Personal Information by removing or modifying the personally identifiable elements or extracting non-personally identifiable elements so they can’t be associated with a person (“de-identified information”). De-identified information is non-Personal Information and may be used and shared without obligation to you, except as prohibited by applicable law. To the extent any non-Personal Information is combined by or on behalf of Company with Personal Information Company itself collects directly from you on the Service, Company will treat the combined data as described in this Notice.
b. Information Collected Automatically.
Company, its Service Providers, and/or third party services that interact with our Service (e.g., portions of the Service may be integrated into or linked to third-party sites, platforms and apps, and we may make ads and third-party content or services, available to you on or via our Service) (“Third-Party Services”) may also automatically collect certain information about you when you access or use the Service (“Usage Information”).Usage Information may include username, IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, Company does not consider Usage Information (including, without limitation, unique device identifiers) to be personal information. For more information on Service Provider data collection and practices click here. For information on choices some of these third parties may offer you regarding automated data collection click here.
The methods that may be used on the Service to collect Usage Information include:
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Log Information. Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
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Information Collected by Cookies and Other Tracking Technologies. Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, device fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior. Here is more detail of types of Tracking Technologies:
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Cookies. A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. To identify certain types of local shared objects on your device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html . The Service may associate some or all of these types of cookies with your devices.
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Embedded Scripts. An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from Company’s web server, or from a third-party with which Company works, and is active only while you are connected to the Service, and deleted or deactivated thereafter.
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Device Fingerprinting. Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.
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Device Recognition Technologies. Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) (“Cross-device Data”).
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In-App Tracking Methods. There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifiers, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps and/or devices.
Some information about your use of the Service and certain Third-Party Services may be collected using Tracking Technologies across time and services, and used by Company and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain Third-Party Services.
Company may use any or all of the Usage Information detailed above for the following purposes:
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Online Experience: To facilitate, manage, personalize, and improve your online experience and for research and development;
- Account Creation and Management: To process your registration, manage your account and/or upload your UGC;
- Rewards: To use loyalty points to generate monetary rewards;
- Marketing Sales and Analytics: To perform analytics on your experiences with us in order to provide more personalized experiences and advertisements, and to improve our products and services; and
- Debugging: To fix any technical issues that arise in the course of providing the Service.
c. Information Company Collects From Other Sources.
Company may also obtain information about you from other sources, including Service Providers and Third-Party Services, and combine that with Personal Information. We may use information collected from Service Providers and Third Parties for the following purposes:
- Communications and Transactions: When we transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices, we may collect your name; address; phone number; IP address; email address; chat logs; and social media contact(s);
- Marketing: For the Company’s and Affiliates’ marketing and other purposes, we may collect your name; email address; social media contact; visual information (e.g., videos); alias; and username;
- Account Creation and Management: To process your registration, manage your account and/or upload your UGC, we may collect your date of birth; store preference; device information, email address, and social media contact(s); and
- Debugging: To fix any technical issues that arise in the course of providing the Service.
d. Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics.
Third-Party Services. The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.
Social Features. Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks ( “Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” Company’s content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service or by the Third-Party Service that you use. Similarly, if you post information on a Third-Party Service that references the Service (e.g., by using a hashtag associated with Company or other Company Affiliates in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Company and Company Affiliates. Also, both Company and the third-party may have access to certain information about you and your use of the Service and any Third-Party Service.
Interest-Based Advertising. Company may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”). To update your cookie preferences, please click here.
Analytics. Company may use Google Analytics, Adobe Analytics or other Service Providers for analytics services. These analytics services may use cookies and other Tracking Technologies to help Company analyze Service users and how they use the Service. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage.
Third Party Practices. Information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with Company, the types of information shared, and your choices on what is visible to others on Third-Party Services.
Company is not responsible for and makes no representations regarding the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Service, and encourages you to familiarize yourself with and consult their privacy notices and terms of use.
e. Other Purposes.
We may also use any of the information we listed above for the following purposes:
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- Internal Purposes: Improve the Service and for any other internal business purposes reasonably related to providing the Service;
- Tailored Content: Tailor our content, advertisements, and offers;
- Other Disclosed Purposes: Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so;
- Territory Restrictions: Determine your location and manage digital content rights (e.g., territory restrictions);
- Security; Fraud Detection; Safety: Improve the safety and reliability of the Service, and detection, prevention and response to fraud, breaches of policies or terms, security risks and threats or harm; and
- Legal Requirements: To comply with legal process such as a search warrant, subpoena or court order, or if requested by regulatory agencies with authority over the tobacco industry such as the Food and Drug Administration.
2. INFORMATION WE SHARE WITH THIRD PARTIES.
As noted above, Company may share non-Personal Information, and De-Identified Information with third parties, or Company and their affiliates (“Affiliates”) for any purpose, as long as the information is not associated with an identifiable person. When information is associated with an identifiable person, it is considered Personal Information, and Company may share Personal Information for the following reasons:
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Affiliates: We may share your Personal Information with our affiliates and subsidiaries if we need to, in order to maintain our business and provide products and services to you. If we share your information, we will share only the information that is necessary and we will take reasonable steps to make sure that third parties take prudent steps to protect your information.
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Marketing: We may share your Personal Information to deliver marketing communications to you. Absent your consent (which may be by means of opt-in, or a third-party interaction described in the next bullet point), however, Company will not share your Personal Information with third parties, other than Affiliates, for their own direct marketing purposes, except in connection with Corporate Transactions (defined below).
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Your Disclosure or Agreement: Your activities on the Service may, by their nature, result in the sharing of your Personal Information (as well as your non-Personal Information) with third parties and by engaging in these activities you agree to that and further sharing and disclosure to third parties. Such third-party data receipt and collection is subject to the privacy and business practices of that third-party, not Company.
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Service Providers: Company’s agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to your information, including, without limitation, Personal Information and Usage Information, in connection with their work on Company’s behalf, provided however, Company does not authorize its Service Providers to use Personal Information provided by Company to the Service Providers to send you direct marketing messages other than related to Company and Company Affiliates beyond what is needed to assist Company;
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External Auditors: For its own internal business purposes as well as its compliance obligations under the laws, Company must allow external auditors to access and evaluate certain information to perform their audit function;
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External Agencies: Company is required by law to make certain reports to external agencies in order to operate within the bounds of the law and the industry regulations that apply to the Company;
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Trade Customers: If you are making a purchase from the Company on behalf of your employer, we will share your information with your employer as needed to complete the transaction;
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Legal Obligations: To comply with the law, law enforcement or other legal process, and in response to a government request (including, without limitation, Food and Drug Administration and other regulatory agency inquiries and requests);
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Defending and Protecting Rights: If Company believes your actions are inconsistent with Company’s terms of use, user agreements, applicable terms or policies, or to protect the rights, property, life, health, security and safety of Company, the Service or its users, or any third-party;
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Corporate Transactions: In addition, Company may share your Personal Information and your non-Personal Information in connection with or during negotiations of any proposed or actual merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Company assets, or transfer of all or a portion of Company’s business to another company (“Corporate Transactions”);
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Sweepstakes, Contests, and Promotions: Company may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your information, including Personal Information, may be disclosed to Company, Company Affiliates, co-sponsors, Service Providers, and other third parties, including for administrative purposes and as required by law ( e.g. , on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include agreeing to additional or differing data practices from those contained in this Notice. Please review those rules carefully;
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Information You Disclose to Others; Social Networks: The Service may permit you to post or submit UGC including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information. If you choose to submit UGC to any public area of the Service, your UGC will be considered “public” and will be accessible by anyone, including Company. Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, Personal Information included in UGC is not subject to Company’s usage or sharing limitations, or other obligations, regarding Personal Information or other Personal Information under this Notice or otherwise, and may be used and shared by Company and third parties to the fullest extent not prohibited by applicable law. Company encourages you to exercise caution when making decisions about what you disclose in such public areas. For more information on how UGC is treated under the Service’s Terms of Use click here.
Additionally, the Service may offer you the option to send a communication to a friend. If so, Company relies on you to only send to people who are at least twenty-one (21) years of age and who have given you permission to do so. The friend’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by Company for any other marketing purpose unless Company obtains agreement from that person. Your contact information and message may be included in the communication.
3. DATA SECURITY AND MONITORING.
Company takes reasonable measures to protect Personal Information (excluding UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the internet and online digital storage are not completely secure and Company cannot guarantee the security of your information collected through the Service.
To help protect you and others, Company and its Service Providers may (but make no commitment to) monitor use of the Service, and may collect and use related information including Personal Information for all purposes not prohibited by applicable law or inconsistent with this Notice, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of and investigate and/or seek prosecution for any potential threats to or misuse of the Service; ensure compliance with the Terms of Use and this Notice; investigate violations of or enforce these agreements; and otherwise to protect the rights and property of Company, Company Affiliates, third parties, and other users. Monitoring may result in the collection, recording, and analysis of online activity or communications through our Service. If you do not consent to these conditions, you must discontinue your use of the Service.
4. CHOICES: SELLING, TRACKING AND COMMUNICATIONS OPTIONS.
a. Tracking Technologies Generally.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html . Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
b. “Do Not Track” Signals.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Company currently does not alter Company’s practices when Company receives a “Do Not Track” signal from a visitor’s browser.
c. Analytics and Advertising Tracking Technologies.
When you visit our website, third parties may use analytics and advertising tracking technologies to collect information about your activities over time and across different websites, including our website. You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/ , and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/ . Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use of a different device or web browsers or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Company supports the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising ( http://www.iab.net/media/file/ven-principles-07-01-09.pdf) and expects that ad networks Company directly engages to serve you Interest-based Advertising will do so as well, though Company cannot guarantee their compliance. Company is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
d. Communications.
You can opt out of receiving certain promotional communications from Company at any time by following the instructions provided in e-mails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account. Please note that your opt-out is limited to the e-mail address used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Company may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Company’s ongoing business relations.
5. INTERNATIONAL TRANSFER.
Company is based in the U.S. and the information Company and its Service Providers collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service will be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your agreement to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the U.S. as set forth in this Notice.
6. REQUIRED DISCLOSURES.
In certain circumstances, we may choose to or may be required to provide additional or different disclosures to residents of different U.S. states. Below are the disclosures that may be applicable to you.
a. “Legal Categories” of Personal Information
Certain laws require us to tell you about the Personal Information we collect about you in a certain way – specifically, we need to tie it back to “legal categories” of Personal Information that are listed in the law. To do this, we bundled up the information we gave you above in this Notice and matched the different types of Personal Information we collect about you with the legal category. To make things easier to understand, we’ve put this information in a chart that shows you five things:
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The legal category of Personal Information,
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Examples of the types of Personal Information included in each legal category,
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The source from which your Personal Information is collected,
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The purpose for why we collect and use your Personal Information for each legal category,
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The business purposes for which we share your Personal Information and with whom, and
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Whether we sell your Personal Information.
We’ve included these things in the Personal Information Privacy Chart at the end of this Notice. At the end of the Personal Information Privacy Chart, we also included a list of Personal Information We Disclose for a Business Purpose and a list of Personal Information We Sell.
b. Your Rights and Choices
Some privacy laws require that we disclose to you the privacy rights that you have regarding Personal Information collected from and/or about you. We have defined the various privacy rights below. To see which rights apply to you, refer to the “Privacy Rights Chart” immediately following this subsection.
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Know: You may have the right to know what Personal Information is being collected, used, shared, and sold about you, including the categories, sources, and business purposes for collecting your Personal Information.
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Access: You may have the right to request access to your Personal Information.
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Erase, Delete: You may have the right to request that we delete or erase your Personal Information if we do not have a legal or business reason to keep it.
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Correct: You may have the right to correct inaccurate Personal Information we have about you.
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Data Portability: You may have the right to obtain Personal Information in a portable and readily usable format.
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Opt Out of Sale, Sharing, or Profiling: You may have the right to ask us not to share or sell your Personal Information or use it for purposes of targeted advertising or profiling.
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Limit Processing of Sensitive Personal Information: Sensitive Personal Information includes your Social Security number, driver’s license number, state ID card, passport number, precise geolocation, racial or ethnic origin, religious beliefs, union membership, health and genetic data, biometric data, information about a sex life or sexual orientation, a consumer’s account login, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, the contents of mail, email, and text messages if the business is not the intended recipient. You may have the right to ask us to limit our use of your Sensitive Personal Information to only what is required to accomplish the purposes we included in this privacy notice or that you reasonably expect from us. Our practice is to not process your Sensitive Personal Information except when it is necessary to accomplish the purposes disclosed in this Notice.
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Non-Retaliation for Exercising Privacy Rights: You also may have the right not to receive discriminatory treatment for the exercise of any of the privacy rights conferred by applicable law.
These rights may be subject to certain limitations or exceptions depending on your state of residency and the purpose for which we process Personal Information about you.
Privacy Rights Chart
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Right to Know |
Right to Access |
Right to Portability |
Right to Limit Sensitive Personal Information |
Right to Opt Out of the Sale or Sharing |
Right to Non-Retaliation |
Right to Correction |
Right to Deletion
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California Residents |
✓ |
❌ |
❌ |
✓ |
✓ |
✓ |
✓ |
✓ |
Where applicable and technically feasible, Company will accommodate your valid request to exercise your privacy rights and choices. You may also designate an authorized agent to make a request on your behalf.
How to Make a Request : If you would like to make a request, please follow the instructions at our Consumer Rights Request page here. You can also make a request by emailing legal@jrcigars.com. You will need to provide your first and last name, email address, home address zip code, request details, the type of request you want to make, and describe the nature of your relationship with us.
Company may provide web pages or other mechanisms allowing you to delete, correct, or update some of the Personal Information, and potentially certain other information about you (e.g., account information). For instance, you can make changes to your account information by updating or modifying your online account information via the “My Account” link provided at the top of each page. Company will make good faith efforts to make requested changes in Company’s then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from Company’s databases and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.
Responding to Requests: Your request will be evaluated to determine whether the requested change meets legal regulatory requirements and does not risk making our other data less secure or changing our other data. If we aren’t able to honor any part of your request, we will tell you that in our response, as well as the reason(s) we cannot do so.
Verifying Your Identity: In order for us to look into your request, we first need to verify your identity, meaning that we need to make sure that you are the consumer we may have collected Personal Information about or a person who has been duly authorized to make the request on behalf of the consumer. For example, if you make a request, we will ask you to confirm your name and email address. For certain requests, we will use a combination of your email address, name, and/or zip code to verify your identity, so that we can help protect your information.
Requests by Authorized Agents: You may have the right to designate an authorized agent to make a request on your behalf. Authorized agents of Consumers may make a request by visiting here. As permitted by California Privacy Law, any request you submit to us is subject to an identification and verification process, and confirmation of the agent’s authority, which may include attestation under penalty of perjury. Absent a power of attorney, we will also require the Consumer to verify their own identity. We may verify identity based on matching information you provided with data we have maintained on you in our systems. This data could include, but is not limited to, email address, mailing address, or phone number.
How to Appeal: If we deny your request, you may have the right to appeal. If we have denied your request and you would like to appeal, please follow the instructions at our Consumer Rights Request page here. You can also make a request by emailing legal@altadisusa.com. You will need to provide your first and last name, email address, home address zip code, what type of request you made, the calendar year in which you made your request, why you are requesting an appeal and what you are requesting that we do.
c. Third Party Marketing and Your Additional California Privacy Rights
Separate from your “Do Not Sell” rights California residents have the following additional rights regarding disclosure of your personal information to third parties for their own direct marketing purposes:
We provide California residents with the option to opt-in to sharing of “personal information” as defined by California’s “Shine the Light” law with third parties, other than with our affiliates, for such third parties’ own direct marketing purposes. We do not share personal information with non-Affiliate third parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the Shine the Light law and/or withdraw previously given consent to sharing with non-Affiliate third parties for their direct marketing purposes by contacting us here or by sending a letter to us at 5900 North Andrews Ave., Suite 600, Fort Lauderdale, Florida 33309 (Attn: Legal Department). Requests must include “California Marketing Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the provided e-mail address or mailing address.
As these rights and your privacy rights are not the same and exist under different laws, you must exercise your rights under this law and the other privacy laws separately.
d. Children's Privacy.
Per our Terms of Service, our online Service is only for individuals twenty-one (21) years of age and older. Company does not seek to or intentionally collect Personal Information of individuals under twenty-one (21) years of age. If you suspect that an individual using our Service is under the age of 21, please contact Company by email at legal@santaclaracigars.com. We will then make reasonable good faith efforts to remove the minor’s post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.
8. HOW LONG WE KEEP YOUR PERSONAL INFORMATION.
We will only retain your Personal Information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
We cannot (fully) comply with a request to erase or delete if we have to retain your Personal Information for certain purposes and for a longer period due to a statutory retention period. After the retention period has expired, we will delete your Personal Information.
9. CHANGES TO THIS PRIVACY NOTICE.
We reserve the right to change this Notice prospectively effective upon the posting of the revised Notice and your use of our Service indicates your acknowledgement of the Notice posted at the time of use. However, should we update this Notice, we shall post a new version online, and will notify you if the Personal Information processed about you will be materially different than that which was represented to you at the time it was collected. To the extent any provision of this Notice is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.
10. CONTACT US.
Santa Clara, Inc. is owned and operated by 800-JR Cigar, Inc. If you have any questions about this Notice, please contact Company by e-mail at legal@jrcigars.com or by sending a letter to 5900 North Andrews Ave., Suite 600, Fort Lauderdale, Florida 33309, (Attn: Legal Department).
11. PERSONAL INFORMATION PRIVACY CHART.
We collect customers’ Personal Information as described above for the following purposes, when permissible under applicable law. In particular, we collected the following categories of Personal Information from customers within the twelve (12) months preceding the date of this Notice:
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Category |
Examples of Personal Information |
Source |
Purpose for Collection |
Sharing with Third Parties |
Selling to Third Parties |
|
A. Identifiers. |
Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. |
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B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). |
Name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories. |
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C. Protected classification characteristics under California or federal law. |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
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D. Commercial information |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
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E. Biometric information |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
Not collected |
Not collected |
Not collected |
Not collected |
|
F. Internet or other similar network activity. |
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. |
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G. Geolocation data |
Physical location or movements |
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H. Sensory data |
Audio, electronic, visual, thermal, olfactory, or similar information. |
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I. Professional or employment-related information. |
Current or past job history or performance evaluations. |
Not collected |
Not collected |
Not collected |
Not collected |
|
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records |
Not collected |
Not collected |
Not collected |
Not collected |
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K. Inferences drawn from other Personal Information |
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes |
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L. Sensitive Personal Information as defined in § 1798.140(ae) of the California Privacy Rights Act |
Social Security number, driver’s license number, state ID card, passport number, precise geolocation, racial or ethnic origin, religious beliefs, union membership, health and genetic data, biometric data, information about a sex life or sexual orientation, a consumer’s account login, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, the contents of mail, email, and text messages if the business is not the intended recipient. |
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We may also collect information to comply with applicable law or regulatory requirements or legal requests.
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:
Category A: Identifiers
Category B: California Customer Records Categories
Category C: Protected Classifications
Category D: Commercial Information
Category F: Internet and Network Activity
Category G: Geolocation Data
Category H: Sensory Data
Category K: Inferences
Category L: Sensitive Personal Information
In the preceding twelve (12) months, we have sold the following categories of Personal Information:
Category A: Identifiers
Category D: Commercial Information
Category F: Internet and Network Activity
Category K: Inferences