Welcome to www.janacousa.com (the “Site”), a website provided by Janaco USA, LLC, (“Janaco”), a Florida Limited Liability company. Janaco respects your privacy, and this policy covers Janaco’s handling, use and where applicable, disclosure of information collected from you through the Site or other sources in the ordinary course of Janaco’s business.
1. Acceptance
You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to Janaco. Your use of the Site, providing any information to Janaco or any other indication of your assent is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site and not otherwise provide any information to Janaco. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.
2. Information
In this policy:
(a) “Analytical Information” means all Non-Personal Information obtained through the use of cookies (or other tracking technologies) and server log files (including, but not limited to: (i) your search terms; (ii) your computer’s access date and time, browser, connection speed, Internet service provider, language, location, manufacturer, visit details, and operating system; and (iii) whether or not you opened e-mail messages and other electronic communications from Janaco, and if you did, the times they were opened);
(b) “Collected Information” means all: (i) Personal Information; and (ii) Non-Personal Information;
(c) “Non-Personal Information” means all information collected by Janaco, whether electronically or manually, through: (i) the Site; (ii) e-mail messages and other electronic communications that you may send to Janaco; and (iii) other sources in the ordinary course of Janaco’s business, that is not Personal Information (including, but not limited to, any Analytical Information);
(d) “Personal Information” means all information collected by Janaco, whether electronically or manually, through: (i) the Site; (ii) e-mail messages and other electronic communications that you may send to Janaco; (iii) information related to goods purchased from Janaco, including but not limited to, customer preferences; and (iv) other sources in the ordinary course of Janaco’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, e-mail address, physical address, phone number, and human resource data from employees);
3. Collected Information
No Collected Information is obtained from you, unless it is voluntarily provided, except for any Collected Information obtained automatically through the Site as set forth in this policy. Regardless of the method used to obtain Collected Information, Janaco will collect and retain Personal Information in its primary and backup files only to an extent that is relevant to the purposes for which it is provided by you, for Janaco’s legitimate business purposes (including, but not limited to, marketing). You are responsible for obtaining any approvals, authorizations, consents and permissions that are required in connection with your providing Janaco with any information (including, but not limited to, any information relating to a third party).
4. Choice
You may refuse to provide any information to Janaco at any time by terminating your use of the Site, or in all other cases not involving use of the Site, by notifying Janaco as set forth in Section 18. If you refuse to provide any information when requested to do so by Janaco or the Site, you may not be able to access, or otherwise enjoy the benefits of, certain products and services from Janaco or features of the Site.
5. Electronic Communications
Whether or not you have previously sent Janaco an e-mail message, you consent to Janaco’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, Janaco’s newsletter and other marketing materials). Since Janaco endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Janaco as set forth in Section 18 or by following the directions contained in such e-mail messages or other electronic communications. Any request to unsubscribe to e-mail or other electronic communications will likely be effective within 48 hours after your request is received by Janaco.
6. Analytical Information
When you access the Site, Janaco will collect Analytical Information. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing, cookies, you may not be able to enjoy some features of the Site.
Analytical Information will only be used by Janaco (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to you and other users, and (d) for other legitimate business purposes of Janaco (including, but not limited to, marketing). Janaco will collect Analytical Information either directly or through third parties acting on its behalf, including but not limited to Squarespace.
7. Security
While no computer network or electronic communication is completely secure, Janaco will use commercially reasonable efforts to protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure as required by all laws applicable to Janaco; provided, however, that, except as provided in the immediately following sentence, Janaco will, at a minimum, use commercially reasonable administrative and technical efforts to protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure. Certain Personal Information posted by you on the Site may be accessible to the general public, and Janaco is not responsible for protecting such Personal Information from loss, misuse or unauthorized access, alteration, destruction or disclosure. For example, if you participate in a public forum on the Site, any information disclosed by you when doing so may be available to the general public. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, misused or accessed, altered, destroyed or disclosed without authorization, even with Janaco’s use of such reasonable efforts. In providing information to Janaco, you must assume the risk that Collected Information could be lost, misused or accessed, altered, destroyed or disclosed without authorization.
8. Use and Transfer of Collected Information
All Collected Information may be used by Janaco for any legitimate business purpose (including, but not limited to, marketing). If Janaco expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, Janaco will only use such Collected Information for such purpose, unless you subsequently consent to its being used for another purpose.
Any Collected Information obtained by Janaco, whether or not for a specific purpose, may be transferred to third parties designated by Janaco (including, but not limited to, any affiliates, distributors, sub-contractors or vendors of Janaco) for any purposes for which Janaco could use such Collected Information.
Janaco may also at any time, in its sole discretion, disclose and use any Collected Information (including, but not limited to, a computer’s Internet protocol addresses), whether or not you furnished such Collected Information for a specific purpose, to (a) comply with, or as permitted by, any applicable law or government request, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of Janaco or a third party, or (d) transfer such Collected Information to a third party acquiring all, or substantially all, of Janaco’s assets. If Collected Information is so transferred, Janaco will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.
9. Third-Party Sites
Janaco may contain links to, be hosted by, or be accessible from, websites provided by third parties (individually a “Third-Party Site”). Your use of a Third-Party Site will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. This policy does not cover the privacy policies or practices of any Third-Party Site, and Janaco is not responsible for any information you submit to, or otherwise collected by, any Third-Party Site. Janaco is only responsible for Collected Information obtained by it: (a) through your authorized use of the Site; or (b) from other sources in the ordinary course of its business. Janaco may use a third-party vendor to collect credit card information and to process payment for goods purchased from Janaco. Similarly, Janaco may use a third‑party vendor to ship items purchased by you from Janaco. You should consult each Third-Party Site for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Site.
10. Access
Janaco does not warrant or represent that any Collected Information will be accurate or error-free. However, upon your request, Janaco will grant you access to your Personal Information in the possession, or under the control, of Janaco solely for the purpose of correcting or deleting such Personal Information that is inaccurate or has been processed in violation of this policy, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated.
11. Children
The Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such a child has been submitted to Janaco through the Site without the parent’s or guardian’s consent, Janaco will use commercially reasonable efforts to remove such information from the Site and Janaco’s servers at the parent’s or guardian’s request. To request the removal of such Personal Information, the parent or guardian must contact Janaco as set forth in Section 18, and provide all information requested by Janaco to assist it in identifying the Personal Information to be removed.
12. Applicable Law
This policy shall be governed by, and construed and interpreted in accordance with the laws of the State of Florida, without regard to its principles of conflict of laws.
13. Complaints
Any complaint by you regarding any Collected Information, or otherwise relating to this policy, must first be submitted to Janaco as set forth in Section 18, and Janaco must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Janaco’s completing such investigation and so responding, Janaco and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 30 days: (a) you may commence litigation against Janaco in connection with the unresolved portion of your complaint only in a court located in Palm Beach County, FL, and having subject matter jurisdiction over your complaint; and (b) you consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.
14. Entire Agreement
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Janaco, with respect to Collected Information. If you use the Site or otherwise have business dealings with Janaco, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.
15. Severability
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
16. Revisions
Janaco may revise any provision of this policy from time to time by posting the revised provision on the Site. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Janaco after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site.
17. Expenses
Except as provided in other applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with your enforcing your rights under this policy.
18. Contact Information
If you have any questions or complaints, desire additional information, or need to notify Janaco of anything regarding Janaco’s handling of any Collected Information or otherwise relating to this policy, please promptly contact Janaco as follows:
Janaco USA, LLC
P.O. Box 122
Palm Beach, FL 33480
-or-
info@janacousa.com
Effective Date: January 28, 2020
