PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This Privacy Notice for California Residents (“California Privacy Notice”) supplements the information contained in our Privacy Policy, above. This California Privacy Notice applies solely to California-resident visitors and users of the Websites (”consumers” or “you”). This California Privacy Notice is intended to comply with the California Consumer Privacy Act of 2018 (CCPA). Any terms defined in the CCPA have the same meaning when used in this notice.

1. INFORMATION WE COLLECT

We collect information that identifies or that could be linked, directly or indirectly, with a particular consumer or a device that the consumer uses (”personal information”).  In particular, within the last twelve (12) months, via the Websites we have collected personal information falling within the below-listed categories marked “YES”, and we have not collected personal information within the categories marked “NO”:

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

2. SOURCES OF INFORMATION WE COLLECT

For each of the information categories marked “YES” in the table above (categories of information that we have collected), we obtain the personal information in the following ways:

• Directly from you (for example, from forms you complete on our website); 
• Indirectly from you (for example, from observing your actions on our website or interactions with our advertisers); and 

3. PURPOSE OF COLLECTING AND USE OF PERSONAL INFORMATION WE COLLECT

Our purpose for collecting personal information, and use and/or sharing of this information, are as follows:

• To fulfill or meet the reason you provided the information.
  • For example, if you share your name and contact information to ask a question about our products, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or to process returns efficiently.
• To provide you with support and to respond to your inquiries
  • This may also include investigating and addressing your concerns and monitoring and improving our responses.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• For other reasons as we will relate them to you before we collect your personal information.

We will not collect additional categories of personal information or use the personal information we collected for substantially different purposes, or for unrelated purposes, without first providing you with notice and prior to collecting the information for the different purpose.

4. SHARING PERSONAL INFORMATION

We have, within the last 12 months, occasionally disclosed personal information to third parties for a business purpose. When we have disclosed personal information to a third party, we have entered into a written agreement with that recipient third party that describes the business purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the agreement. Each third-party agreement also provides that the recipient is not authorized to resell the information unless you (the consumer) have received explicit notice and an opportunity to opt-out of any such transfers. The following categories of personal information may have been disclosed to third parties in the last 12 months:

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates.
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

Finally, Al Chile Salsa does not share or sell – and has not shared or sold – the personal information of minors under 16 years of age [without affirmative authorization].

5. YOUR RIGHTS AND CHOICES

California residents have specific rights under the CCPA with regard to your personal information. This section describes your CCPA rights and explains how you may exercise those rights.

ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. If you make such a request, after we verify your identity, we will disclose to you:

• The categories of personal information we have collected about you;
• The categories of sources for the personal information we collected about you;
• Our business or commercial purpose for collecting or selling that personal information;
• The categories of third parties with whom we share that personal information;
• The specific pieces of personal information we collected about you (also called a data portability request);
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and 
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

DELETION REQUEST RIGHTS

You have the right to request that we delete any of your personal information that we collected from you and have kept, subject to certain exceptions. Once we receive your request, and after verifying it, we will delete (and direct our service providers to delete) your personal information from our records, unless a statutory exception applies. The exceptions:   We may deny your deletion request if we (or our service provider) need to retain the information to:

• Complete the transaction for which we collected the personal information
• Provide a good or service that you requested
• Take reasonable actions in connection with our ongoing business relationship with you
• Perform any agreement we may have with you
• Detect security incidents
• Protect against malicious, deceptive, fraudulent, or illegal activity
• Prosecute those responsible for such activities
• Debug products to identify and repair errors that impair existing intended functionality
• Exercise or to permit the exercise of rights provided by law, including the free speech rights
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.)
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us
• Comply with a legal obligation
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

EXERCISING ACCESS, DATA PORTABILITY, AND DELETION RIGHTS

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at 956 25 9990, or
• Visiting  https://www.alchilesalsa.com/data-privacy-request 

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

RESPONSE TIMING AND FORMAT

We will endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request.   The response we provide will also explain the reasons we cannot comply with a request, if applicable.   For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

6. PERSONAL INFORMATION SALES OPT-OUT AND OPT-IN RIGHTS

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”).  We do not collect or sell the personal information of consumers we actually know are less than 16 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by either:

• Calling us at 956 255 9990, or
• Visiting https://www.alchilesalsa.com/data-privacy-request

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.

7. NON-DISCRIMINATION

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message through our website or write us at our address listed on our webpage.

8. CHANGES TO OUR PRIVACY NOTICE

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Websites and update the notice’s effective date. Your continued use of our websites following the posting of changes constitutes your acceptance of such changes.

9. CONTACT INFORMATION

If you have any questions or comments about this notice, the ways in which we collect and use your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us as follows:

• Calling us at 956 625 9990
• Visiting https://www.alchilesalsa.com/data-privacy-request 
• Writing us at: [email protected]

TERMS & CONDITIONS

Al Chile Salsa, LLC (collectively, the “Company,” “we,” “us,” or “our”) provide website features and other products and services to you when you visit or shop at alchilesalsa.com, (the “Website” and, collectively, the “Services”). We provide the Services subject to the following conditions, which forms a contract between you and the Company (the “Agreement”).

BY USING OUR SERVICES, YOU CONSENT TO THIS AGREEMENT. PLEASE READ IT CAREFULLY.

We offer a range of Services, and sometimes additional terms may apply. For example, when you visit or purchase products through our Country Store, you also will be subject to the terms and agreements applicable to that Service (“Service Terms”). If any provision of this Agreement is inconsistent with the Service Terms, those Service Terms will control.

ELECTRONIC COMMUNICATIONS

When you use any Service, or send e-mails, text messages, and other communications from your internet-connected device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of the Company and protected by U.S. and international copyright laws.

TRADEMARKS

The Al Chile® mark, bottle and label design are registered trademarks and service marks exclusively of Al Chile Salsa LLC. In addition, graphics, logos, page headers, styles, and service names included in or made available through any Service are trademarks or trade dress of the Company in the U.S. and other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

LICENSE AND ACCESS

Subject to your compliance with this Agreement, the Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement or any Service Terms are reserved and retained by the Company or its licensors, suppliers, publishers, rights holders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by the Company terminate if you do not comply with this Agreement or any Service Terms.

USER CONDUCT, REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content and communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. You further agree to follow these rules:

• (a) don’t do anything illegal;
• (b) don’t upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
• (c) don’t harm legal minors;
• (d) don’t collect personal information on, “cyberstalk” or harass another visitor, or engage in conduct that negatively affects the online experience of another visitor;
• (e) don’t impersonate another visitor, person, or entity, including any official or employee of the Company;
• (f) don’t intentionally or unintentionally violate any local, state, or federal law, including violations of Copyright law;
• (g) don’t upload, post or transmit any software or files that contain software viruses or other harmful computer code;
• (h) don’t interfere with the operation of our web servers or other computers or Internet or network connections;
• (i) don’t upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
• (j) don’t upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail;” and
• (k) don’t help others break these rules.

If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

COMPLAINTS

The Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property has otherwise been misappropriated or infringed, please contact us at [email or physical address]. We will respond to the concerns of rights owners about any alleged infringement. In your written complaint, please provide us with this information:

• A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Website;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the rights owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the rights owner or authorized to act on the rights owner’s behalf.

OTHER BUSINESSES

We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their sites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, AS APPLICABLE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, THE COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any Service, or to any products or services sold or distributed by the Company or through the Websites will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent [insert name and address]. The arbitration will be conducted in New Orleans, Louisiana, by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Louisiana, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and the Company. Our Websites are not intended for children under 13 years of age. No one under age 13 may provide any personal information to the Websites or the Company. We do not knowingly collect personal information from children under 13, and if you are under 13, do not use or provide any information on the Websites or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Notice, posted on the Websites. We reserve the right to make changes to our site, policies, Service Terms, and this Agreement at any time. If any provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.