Last Modified: October 24, 2018

ArchPoint Branding and Marketing, LLC (collectively, “Company” or “We”) operate https://shopfiesta.org/ (the “Website”) to facilitate direct-to-consumer sales of Fiesta® San Antonio products. We respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the Website and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.
  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
  • It does not apply to information collected by:
  • Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see SECTION 8 - CHANGES TO THIS PRIVACY POLICY). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including (1) details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website; and (2) information about your computer and internet connection, including your IP address, operating system, and browser type. The technologies we use for this automatic data collection may include:

·       Browser Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

·       Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

·       Web Beacons. Pages of our the Website (and our e-mails) may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or (opened an email) and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

How We Use Your Information. We use information that we collect about you or that you provide to us, including any personal information:

·       To present our Website and its contents to you.

·       To provide you with information, products, or services that you request from us.

·       To fulfill any other purpose for which you provide it.

·       To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

·       To notify you about changes to our Website or any products or services we offer or provide though it.

·       To allow you to participate in interactive features on our Website.

·       In any other way we may describe when you provide the information.

·       For any other purpose with your consent.

SECTION 2 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at fiestacustsrvc@archpointgroup.com or mailing us at: Fiesta Merchandise Program, 140 Heimer Road, Suite 200, San Antonio, TX 78232.



SECTION 3 - DISCLOSURE

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect, or you provide as described in this privacy policy:

·       To our subsidiaries and affiliates.

·       To contractors, service providers, and other third parties we use to support our business.

·       To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information about our Website users is among the assets transferred.

·       To third parties to market their products or services to you if you have not opted out of these disclosures.

·       To fulfill the purpose for which you provide it.

·       For any other purpose disclosed by us when you provide the information.

·       With your consent.

·       To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

·       To enforce or apply our terms of use and other agreements, including for billing and collection purposes.

·       If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our contractors, our customers, or others.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

·       You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

·       If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email stating your request to fiestacustsrvc@archpointgroup.com.

·       If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to fiestacustsrvc@archpointgroup.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

·       If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email stating your request to fiestacustsrvc@archpointgroup.com.

Your California Privacy Right

California 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 an email to fiestacustsrvc@archpointgroup.com.

SECTION 4 – NetSuite SuiteCommerce

Our store is hosted on NetSuite SuiteCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through NetSuite SuiteCommerce’s data storage, databases and the general NetSuite application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then NetSuite SuiteCommerce stores your credit card data only when you create an account and add a default payment method in your account settings. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted if you have not indicated otherwise.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more information, you may also want to read Solupay’s Privacy Statement here.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies, so you can understand the way your personal information will be handled by these providers.

Remember that certain providers may be in or have facilities that are in a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

SECTION 7 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence.

Our website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this website or on or through any of its features, make any purchases through the website, use any of the interactive or public comment features of this website 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. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at fiestacustsrvc@archpointgroup.com.

SECTION 8 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. It is our policy to post any changes we make to our privacy policy on this website page. Changes and clarifications will take effect immediately upon their posting. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address we have on file for you or through a notice on this website page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at fiestacustsrvc@archpointgroup.com.

We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.