Club Jibarito and its subsidiaries and affiliates, (individually or collectively, “we/our/us” or “CJ Jewelers”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the type of information we may collect from you and/or that you may provide us when you visit and/or use any Site(s), mobile site(s) and/or app(s) provided by us (individually or collectively, “Site(s)”). “You/your/user(s)” means you as a user of our Site(s), including any information, tools and services available from the Site(s), conditioned upon your acceptance of all the terms, conditions, policies and notices stated here, which you accept by continuing to utilize the Websites.
Guide to Contents:
- Information Collected
- Use of Your Personal Information
- Sharing Personal Information with Third Parties
- Non-Personally Identifiable Information
- Your Security
- Links to Other Site(s)
- Your Puerto Rico Privacy Rights
- Disclosure for Legal Purposes
- Non-Confidential Information
- International Uses
- Class Action Waiver
2. INFORMATION COLLECTED
2.1 We may collect information that you provide directly to us. You may provide different types of Personal Information to us if and when you engage in certain activities that may be provided on the Site(s), such as creating an account, ordering a product or service, requesting information about career opportunities, submitting, posting or accessing various content or features, responding to and submitting a form(s), participating in our blogs, podcasts or forums, entering a sweepstakes, contest, promotion or other special initiative, signing up for a special offer, completing a survey, sending feedback, requesting or submitting information, or directly contacting us. It is optional for you to engage in such activity; however, if you choose to do so, we may require that you provide us certain Personal Information. Depending upon the activity, some of the information we ask you to provide is required and some is voluntary. If you do not provide required information for a particular activity, you may not be permitted to engage in that activity.
3. USE OF YOUR PERSONAL INFORMATION
We may use the Personal Information we collect for various purposes, including to:
- authenticate users
- provide the materials, goods and/or services we offer and/or you request
- enable you to participate in features such as seminars, sending and receiving invitations, surveys, reviews, blogs or forums, or to participate in special initiatives and to communicate with you about them
- complete your purchase transactions, fulfill your orders, keep you informed about the status of our goods and services and your orders
- identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you
- conduct market research and to customized offers;
- improve our services and merchandise selections, customer service, and overall Site(s) experience by aggregating and analyzing our customer data
- analyze the use of our products and services and information about visitors to the Site(s) to enhance our marketing efforts
- update and maintain the accuracy of information about our customers
- communicate with you by email, text message, app notifications, or other means about our company, our products, or other information that we believe may be of interest to you
- if you join our electronic mailing list, to send you our electronic communications, including our newsletters and our company announcements, alerts, notices and updates
- send you notices of a transactional, administrative or relationship nature or as required by law.
4. SHARING PERSONAL INFORMATION WITH THIRD PARTIES
4.1 We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you. We do NOT share your information with Third Parties except as set forth herein.
4.2 We may also disclose your Personal Information to outside individuals and/or companies that help us bring you the products and services we offer and to create, operate, and maintain our Website. For example, we may work with third parties to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service; and (g) provide other services designed to assist us in developing and running our Website and maximizing our business potential. We require that these outside companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us.
4.3 We may disclose your Personal Information to third-party financial institutions, consumer reporting or credit agencies to determine your eligibility for a product or service you have requested from us.
4.4 If we seek investors or go through a business transition, including but not limited to, a merger, acquisition by another company, or a sale of all or a portion of our assets, your Personal Information may be shared as part of the negotiation of the transaction and will likely be among the assets transferred in the event of a sale or partial sale of our assets.
4.5 We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of Users of this Website or the public.
5. NON-PERSONALLY IDENTIFIABLE INFORMATION
5.1 Through your use of the Site(s), we may also collect certain non-personally identifiable information from you (“NPII”). NPII is not associated with you as an individual. It is measured anonymously and only in the aggregate. We use NPII to maintain and administer the Site(s), analyze trends, gather demographic information and comply with applicable law. We may share this information with others without express notice to you or consent from you, and we may exploit, use and disclose your NPII without limitation of any kind.
5.3 We may also use “pixel tags” (sometimes called “web beacons” or “clear gifs”), which are tiny graphic images, on the Site(s). Pixel tags help us analyze users’ online behavior and measure the effectiveness of the Site(s) and our advertising and marketing. Pixel tags or Clear gif files are tiny graphics with a unique label that work in a similar way to cookies and are used to monitor the user’s online activities. In contrast to cookies that are saved on a user’s computer hard disk, clear gif files are embedded invisibly in websites and are about as big as the full stop at the end of this sentence. Where appropriate, we may combine the information collected by such pixel tags with the Personal Information of our customers. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information.
5.4 Cookies, pixel tags, and/or other analytical tools that we may use on the Site(s) may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Site(s). This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the Site(s) you visited immediately before coming to the Site(s). Cookies, pixel tags, and/or other analytical tools in our emails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us. We may also work with businesses that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Site(s) and your interaction with our advertising and other communications, but no Personal Information is shared with them.
5.6 We authorize certain service providers to utilize NPII for their business purposes and in accordance with their privacy policies, such as to report on usage or industry trends to their customer base.
5.7 Third Party Functionalities: The Site(s) contains links to and/or enables certain third-party functionalities to enhance your experience on the Site(s), including social plug-ins, tools and APIs. Prior to using any third-party functionalities (e.g., Facebook “Like” button) on the Site(s), you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook), as we have no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.
6. YOUR SECURITY
6.1 We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via e-mail. Any payment transactions will be encrypted.
6.2 Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Site(s), any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties and we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for circumvention of any privacy settings or security measures contained on the Site(s).
7. LINKS TO OTHER SITE(S)
7.1 While visiting the Site(s), you may link to websites operated by third parties or you may have come to the Site(s) using a link found in another website. This does not mean that we endorse these Site(s) or the goods or services they provide. We do not make any representations or warranties about any Site(s) that may be linked to the Site(s). Such other Site(s) are independent from us, and we have no control over, or responsibility for their information, products or activities.
8.1 You may opt out of: (a) receiving email communications such as email newsletters and promotional emails by following the instructions provided at the bottom of each email, clicking the “unsubscribe” button at the bottom of emails we sent you; and/or (b) receiving promotional email communications and newsletters by emailing us at firstname.lastname@example.org and including the word “UNSUBSCRIBE” in the subject text. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving Site(s) communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, as we must be able to communicate with you regarding your purchases.
8.2 Opting out of online and mobile website advertising. You can opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/.
8.4 You may can opt out of receiving online behavioral or internet based advertising by using the tools located at the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/ or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.
8.5 When using the ad industry opt out tools described in Sections 8.2 through 8.4, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out, and we have no control over the practices of any third-parties. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.
8.7 Registered users who have provided their cell phone number to us may remove it from within their personal profile settings. If you prefer not to receive text or wireless promotional communications on your mobile device, you can opt out by replying STOP to any text you receive from us.
8.8 You may ask us to delete your Personal Information from our system, however, because we archive and keep track of past transactions, you cannot delete information associated with past transactions or archived information on the Site(s). Please also update your Personal Information if it changes.
8.9 Registered users may terminate their registration at any time, for any reason, by contacting us. Terminating your registration will not necessarily remove previous public comments or other user content on public display on the Site(s). You understand it may be impossible to delete Personal Information entirely because of backups and records of deletions. If you wish to cancel your account on the Site(s) or delete your Personal Information previously provided to us, you may send your request to us at email@example.com and include the words “DELETE ME” in the subject line with your specific request in the body of your communication.
8.10 If you do not receive a response from us to any emails you send to us within ten (10) business days, please send us another email as your original email may not have been received.
We do not permit persons under 18 years of age to use the Site(s), and we do not knowingly collect, use or disclose Personal Information from anyone under 18 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 18, we will make reasonable efforts to delete such information from our records.
10. YOUR PUERTO RICO PRIVACY RIGHTS
10.1 NEED TEXT HERE IF APPLIES.
10.2 USUALLY EVERY OTHER STATE AS:
(a) Users can visit the Site(s) anonymously;
(e) Users are able to change their Personal Information by emailing us or by calling us;
(f) Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not process or respond to such signals in users’ web browsers at this time; and
(g) We allow the collection of users’ behavioral tracking (but not Personal Information) by third parties. We do not authorize the collection of Personal Information on the Site(s) by third parties.
11. DISCLOSURE FOR LEGAL PURPOSES
You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Site(s), such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.
12. NON-CONFIDENTIAL INFORMATION
We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
14. INTERNATIONAL USER NOTICE
If you are a resident of the European Union, the following applies to you:
15.2 We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: firstname.lastname@example.org and include the words “DISPUTE NOTICE” in the subject. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.
15.4 Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a local legal counsel facility in in San Juan, Puerto Rico.
15.5 Selection of Arbitrator shall be made pursuant to local Streamlined Arbitration Rules & Procedures or local Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
15.6 Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under local Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under local Comprehensive Arbitration Rules & Procedures Subject to the applicable local procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with local Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
15.7 Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
15.8 Costs and Fees. You will be subject to a filing fee, set by local legal counsel, to initiate the arbitration. To the extent permitted by local procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under local procedures.
15.9 Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
15.10 Notwithstanding the arbitration clause herein, the parties also agree that we may bring suit in a court located in San Juan, Puerto Rico, to enjoin infringement or other misuse of our intellectual property rights.
16. CLASS-ACTION WAIVER
Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Under certain circumstances you have a right to rectification, blocking and deletion of your stored personal data. If you would like to make such a request and/or you have any questions about your privacy or security at the Site(s), or wish to update your Personal Information, please send an email to email@example.com and include your name and mailing address in the message.
DATE LAST MODIFIED: March 2019