PRIVACY POLICY

Hugabar.com is a web site owned and operated by Stella Maris Foods, LLC (“SMF”), a Delaware limited liability company, doing business as Huga Foods. SMF has adopted information management guidelines that define our customer and advertiser relationships. These guidelines disclose the privacy policies for this website. References to “Huga Foods,” “We,” “Us” and “Our” may be construed as references to SMF.

Changes to this Privacy Statement

From time to time, We may use customer information for new purposes not previously disclosed in this Privacy Policy. We reserve the right to modify this privacy policy at any time, so please review it frequently. If our information practices change at some time in the future We will post the policy changes here to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back to our website periodically.

Changes and clarifications will take effect immediately upon their posting on the website. If Our store is acquired or merged with another company, your information may be transferred to the new owners so that We may continue to sell products to you.

WHAT INFORMATION DOES SMF GATHER AND/OR TRACK ABOUT YOU?

Personally Identifying Information

Free E-Mails (email marketing): With your permission, we may send you emails about our store, new products and other updates. When you sign-up to receive free Huga Foods e-mail information bulletins, We require that you supply your name and e-mail address.

Huga Foods Products: 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. Customers must also agree to the Terms of Use. We also collect credit card information to bill customers for their purchased products.

How do We get your 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, you imply that you have consented to Our collecting of your personal data and for Us 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 can you withdraw your 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 anytime, by contacting us at: sayhello@hugabar.com or mailing us at: Hůga Bar, PO Box 649 Chesterfield, Missouri US 63006.

Anonymous Information: When you browse our store, We also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. This information does not personally identify you but may be helpful for improving the services we offer. Generally this information is collected through “traffic data” and may entail the use of “cookies,” ”IP addresses,” or other numeric codes used to identify a computer.

• Cookies: “Cookies” give users a special, random ID that are small text files, which are stored on the hard drive of a user’s computer. We employ cookies to recognize you and to track site usage. [Customers who do not accept cookies from the Website cannot access many areas of the Web site.] [We also use an advertising server developed by a third party, currently DoubleClick, to display ads on the Web site. Some of these ads may contain cookies that are set by third parties (i.e., advertising agencies or advertising clients). We do not have access to these cookies or any information that they may contain.]

The following is a list of cookies that We use. We’ve listed them here so that you can choose if you want to opt-out of cookies or not.

o _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

o _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits.

o _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

o cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

o _secure_session_id, unique token, sessional

o storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

• IP Addresses: We also log IP addresses for systems administration and troubleshooting purposes. Your IP address indicates the location of your computer on the Internet. We do not log IP addresses to track your session, nor do we link IP addresses to anything personally identifiable.

Shopify, Inc.: Our store is hosted by Shopify Inc. 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 Shopify’s data storage, databases and the general Shopify application. Shopify has represented to Us that they store your data on a secure server behind a firewall. Shopify has also represented to Us the following:

• Payment: If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. 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. 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 insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

• 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 manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or Us. Therefore, 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 located 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.

Security: To protect your personal information, Shopify has represented to Us that Shopify takes reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide Us with your credit card information, the information is encrypted by Shopify using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, Shopify represents to Us that they follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Information Use and Sharing

Vendors: We may on occasion use third-party vendors to assist it in performing Our business functions, such as mailing statements to subscribers, editing user lists, processing data and payments, and providing customer service. Personal information may be shared with these businesses or individuals to allow them to perform their assigned functions, but is limited to that information needed to perform the assigned function, and may not be used for any other purpose.

Customer Requests for Personal Information: Upon your request, We will provide you with Our record of the personal information you gave Us at registration. For security reasons, this information will only be sent to the e-mail address on file for the subscriber ID associated with it.

Correspondence with Us: If you send Us personal correspondence, such as e-mails or letters, or if other users or third parties send correspondence to Us about your activities or postings on the Web site, we may collect such information into a file specific to you. All submissions become property of SMF.

Anonymous Information: We may also share the information We gather in a compiled format with advertisers and other partners. The compiled format does not include personally identifying information.

Statistical Analysis and Banner Advertising: We may perform statistical analyses of user behavior in order to measure interest in the various areas of our site (for product development purposes) and to inform advertisers as to how many consumers have seen or “clicked” their advertising banners, if any. We also use demographic information to allow advertising banners on the Web site to be targeted to the readers for whom they are most pertinent. This means that readers will see advertising that is most likely to interest them, and advertisers send their messages to people who are most likely to be receptive, improving both the user’s experience and the effectiveness of the ads. In this statistical analyses and banner advertisement targeting, We will disclose information to third parties only in aggregate form, with no personally identifiable information.

Account Maintenance: We may utilize the contact information you provided at registration, such as your telephone number and e-mail address, to contact you regarding account status, changes to the Terms & Conditions, and to confirm registration.

Service Updates and E-Mail Promotions: Using the contact information and e-mail addresses provided at registration, We may periodically send promotional messages to Our users about products offered by Us.

Marketing: We may use marketing tools to help understand Our customers more efficiently. When you visit our website, We may send cookies to your computer or other device. We use the cookies to improve our services to Our customers, including improving search results and tracking user trends.

Advertising Networks: We may use advertising networks to help present advertisements on our site. These advertising networks use cookies to help present, better target, and measure the effectiveness of their advertisements, using data gathered overtime and across their networks to determine the characteristics and preferences of their audience. We may share certain aggregate and non-personally-identifiable information about our users in order to help them deliver more relevant advertisements through their ad networks.

LAST UPDATED: March, 2015.

 

TERMS & CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By accessing or using any page of this website, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not access or use any page of the website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the website following the posting of changes to these terms will mean you accept those changes.

Huga Foods. This website is owned and operated by Stella Maris Foods, LLC (“SMF”), a Delaware limited liability company, doing business as Huga Foods. References to “Huga Foods,” “We,” “Us” and “Our” may be construed as references to SMF.

TRADEMARKS. All Huga Foods brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of SMF and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trademarks and/or domain names without Our prior written consent.

OWNERSHIP OF CONTENT. Unless otherwise noted, all materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the website (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by Us or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the website.

PERMITTED USE OF CONTENT. Unless We have agreed in writing to the contrary when you use the website and/or the Content you shall only view it on a computer screen or print out a single copy of it (and not make or permit any further copying of it) and not permit anyone else to view the Content from your computer screen or print-out. For the avoidance of doubt, you agree not to distribute, reproduce, modify, store, transfer or in any other way use any of the Content (including as part of any database, library, news, information, archive, website or similar service) other than as permitted in these terms of use.

PROHIBITED USE OF CONTENT. Unless We have a greed in writing to the contrary you agree that you will not use the website, any Forum (defined below) and/or any of the Content:

• in conjunction with any robot, spider, other automatic device, or manual process that enables you to monitor or copy the Web pages or the Content;

• on any other website or networked computer environment;

• to create a database (electronic or otherwise);

• to promote or encourage the sale of your goods/services or those of any third party;

• to solicit other guests or users of the website to join or become members of any commercial online or offline service or other organization;

• by transmitting or re-circulating it to any third party (otherwise than by use of a hyperlink in accordance with the “Linking” paragraph below);

• in any way that involves removing copyright or trademark notice(s)

• to disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

• to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or which is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or which may restrict or inhibit the use of the website and/or any of the Content by any person or which constitutes or encourages conduct that may be considered a criminal offense or give rise to civil liability;

• to disseminate any material which does or may bring SMF or any of its brands into dispute or in any way damage their reputation;

• to disseminate any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data; or

• to post link(s) that take users to material that contravenes any of the above restrictions.

The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content).

DIGITAL MILLENNIUM COPYRIGHT ACT(“DMCA”) NOTICE. Materials may be made available via the Web Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Web Service for the inclusion of illegal or impermissible content. However, We respect the copyright interests of others. It is Our policy not to permit materials known by us to infringe another party’s copyright to remain on the Web Service. If you believe any materials on the Web Service infringe a copyright, you should provide us with written notice that at a minimum contains:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Hůga Foods (Stella Maris Foods, LLC)

Attn: General Counsel
P.O. Box 649
Chesterfield, MO
63006 USA

It is Our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

USAGE BY CHILDREN UNDER 13. The website is directed to adults and is not directed to children under the age of 13. We cannot prohibit minors from visiting the website so We must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. We comply with the Children’s Online Privacy Protection Act and do not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever We collect data within the website, such as during the registration process.

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Us your consent to allow any of your minor dependents to use this site.

CUSTOMER ACCOUNT. If you register as a user of this website, you will be assigned a username and password that is unique to you. Such registration may be subject to specific terms of registration with which you must comply. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. Your username and passwords must be used solely by you and sharing your username and password with any other person or making it available to multiple users on a network is strictly prohibited. Where you register with Us you also agree to:

• provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”); and

• maintain and promptly update the Registration Data (by sending an appropriately worded email to sayhello@hugabar.com) to keep it fully up to date;

• ensure that you exit from your member account at the end of each session; and

• notify Us of any unauthorized use of your username and password or any other breach of security at sayhello@hugabar.com

PRIVACY. Registration Data and certain other demographic information about you are subject to Our Privacy Policy.

DISCLOSURE. We may disclose your personal information if we are required by law to do so, if you violate these Terms & Conditions, or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on SMF; and (2) protect and defend the legitimate business interests, rights or property of SMF, its users, advertisers, customers, sponsors, advertisers or affiliates.

DELIVERY AND CANCELLATIONS. Your product will be delivered to the address that you indicate when you place an order through the website and risk of damage to or loss of them shall pass to you at the time of delivery even if the ordered products have not been received by you in person. Any times quoted for delivery are approximate only and We shall not be liable for any delay in delivery howsoever caused. We shall confirm each order in writing by sending you a receipt along with your products.

FORUMS, CHAT PAGES AND COMMUNICATIONS. For the purposes of these terms of use “Forum” means letters, emails or other types of communications to the editors, Webmaster(s) or employees of Huga Foods, and messages posted to them or to other users in connection with online forums, blogs or chat-pages on the website.

Forums are provided for your exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Forums that is inconsistent with those stated purposes or which is prohibited under these terms of use is prohibited. We have the right, but not the obligation to monitor or edit Forum content or Forum materials, and may do so at any time, including but not limited to the course of normal maintenance of the website and its systems or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Us; (2) protect and defend the legitimate business interests, rights or property of Us, Our users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of Our guests or the public. You shall remain solely responsible for the content of your communications.

By uploading materials to any Forum or submitting any materials to Us, you automatically:

• grant (or warrant that the owner of such rights has expressly granted) Us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, disclose, post, remove and/or distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe;

• warrant that all so-called “moral rights” in those materials have been waived; and

• warrant to Us that all such content complies in all ways with the provisions of these terms of use.

If you object to the publication of any material placed on the website please contact Us by sending an appropriately worded email to sayhello@hugabar.com and we will take whatever action we deem appropriate.

We accept no responsibility for any statements, material or other submissions placed on Forums by users.

INDEMNIFICATION. You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of these terms of use or your use of the website.

NON-TRANSFERABILITY. Your right to use this website is not transferable. Any password or right given to you to obtain information is not transferable.

TERMINATION. The privileges granted to you by these terms, including the maintenance of a member account, will terminate immediately without notice from Us if, in Our sole discretion, you fail to comply with any provision of these terms. Upon termination, you must refrain from making any use of the website. We may take such further action as We determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and We shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from Our exercise of Our rights under these terms of use.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL WE (SMF), OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION. You agree to indemnify, defend and hold Us (SMF) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

LINKS TO OTHER WEBSITES AND SERVICES. To the extent that the website contains links to outside services and resources, We do not control the availability and content of those outside services and resources. These links are provided solely for your convenience. If you use these links, you leave the website. Huga Foods does not endorse or make any representations about these third party sites, or any material found on them, or any results that may be obtained from using them. If you decide to access any of these third party webs sites you do so entirely at your own risk. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

LINKS FROM OTHER WEBSITES. You may link to any page of the website subject to the following conditions:

• you do not replicate the home page of the website;

• you do not create a frame or any other browser or border environment around the website;

• you only link to freely available Content (and not link to any Content that is only made to users with a username and password);

• you do not in any way imply any endorsement by Huga Foods other than with its written consent or misrepresent your relationship with Huga Foods, if any;

• you do not use any logos or trademarks displayed on the website without the express written permission of Huga Foods;

• the linking website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

GOVERNING LAW; JURISDICTION. These terms shall be governed by and construed in accordance with the internal laws of the State of New York. You agree that any action at law or inequity arising out of or relating to these terms shall be filed only in the federal or state courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by Us. To the extent that anything in or associated with the website is in conflict or inconsistent with these terms of use, these terms of use shall take precedence. Our failure to enforce any provision of these terms of use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

All users, including those users who access the website from a country other than the United States, agree that the federal and state laws of New York shall govern any dispute, including those arising from Our use of your personal information or otherwise relating to privacy, as specified in the Privacy Policy.

LAST UPDATED: March, 2015.