Privacy Statement

PRIVACY POLICY

OF

DIBELLA’S OLD FASHIONED SUBMARINES, INC.

 

Introduction

DiBella’s Old Fashioned Submarines, Inc., a New York corporation having a principal place of business at 180 Canal View Blvd., Suite 600, Rochester, New York 14623 (the “Company”, “we” or “us”), 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 our website available at https://www.dibellas.com/ (the “Website”) and our app (the “App”) available in the App Store or Google Play and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On the Website and App.
  • In email, text, and other electronic messages between you and us.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

 

This policy 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; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from 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, you shall not use the Website. By accessing or using the Website, you agree to be bound by this privacy policy. We may also ask you to acknowledge your acceptance of this privacy policy through an electronic click-through. This policy may change from time to time (see Changes to Our 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.

 

Children Under the Age of 13

The 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 the Website, make any purchases through the 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 privacy@dibellas.com.

 

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Website, including information:

  • by which you may be personally identified, such as name, age, postal address, e-mail address and telephone number (“personal information”);
  • that is about you but individually does not identify you, such as the time and date of your visits to the Website; and/or
  • about your internet connection, the equipment you use to access the Website and usage details.

We collect this information:

  • Directly from you when you provide it to us when you make purchases on the Website.
  • Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.

Information You Provide to Us 

The information we collect on or through the Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, making purchases or requesting further services. We may also ask you for information when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Website.

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:

  • Details of your visits to the Website or App, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website or App.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Website or App and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the Website or App according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to the Website or App.

The technologies we use for this automatic data collection may include:

  • Cookies (or 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 the Website or App. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Website or App.
  • Flash Cookies. Certain features of the Website or App may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website or App. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see How We Use Your Information.
  • Web Beacons. Pages of the Website or App 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 or app statistics (for example, recording the popularity of certain website or app content and verifying system and server integrity).
  • Text marketing (If applicable): With your permission, we may send text messages about our stores, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminder messaging system.

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

 

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website or App are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website or App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see How We Use Your Information.

 

How We Use Your Information

We process and use your personal information if there is a legal justification for doing so. Below is an overview of the legal justifications for processing personal information, and why we use your personal information. Additional details on how we process your personal information may be provided to you in a separate notice or contract.

  • Performance of a Contract / Entering into a Contract. Processing your personal information is necessary in some cases to perform a contract with you or take steps to enter into a contract at your request:
    • Providing Support and Services - to provide our support and Services to you, to communicate with you, to respond to your inquiries, to provide you with documentation or communications which you have requested from us, to provide after-sales support, and for other customer service purposes.
    • General Business Operations - to process your orders or purchases.
  • Our Legitimate Interest. Processing your personal information is in our legitimate interests, which are not overridden by your interests and fundamental rights. When the justification for processing your personal information is our legitimate interests, those interests are to use User personal information to conduct and develop our business activities with Users and with others in order to support our reputation and increase our revenues, while limiting the use of personal information to those purposes that strictly support the conduct and development of our business within the reasonable expectation of the individuals concerned:
    • Personalize Content - to make recommendations to you about our Services; to tailor the information that we send or display to you; to offer customization, based on your location; and to otherwise personalize your experiences based on your purchase history and your interactions with the Sites, Apps, and social networking pages.
    • Advertising - to send you targeted advertising on our Sites, in our Apps, or on third party websites.
    • Marketing and Promotions - to send you news and newsletters, special offers and promotions, or to otherwise contact you about information we think may interest you.
    • Analytics and Improvement - to better understand how Users access and use our Sites, Apps, and Services, in order to improve them, respond to User desires and preferences, and for other research, marketing, and analytical purposes; to conduct research and analytics; to evaluate transactions involving the Sites, Apps, and social networking pages; to operate, evaluate, maintain, improve and develop the Site, Apps, and social networking pages (including by monitoring and analyzing trends, access to, and use); or to evaluate, improve, and develop our Services generally by tracking User interaction and review of our Services.
    • Protect Our Legal Rights and Prevent Misuse – to respond to claims asserted against us , comply with legal process (e.g. subpoenas or warrants), or enforce or administer our agreements and terms; to conduct fraud prevention, risk assessment, or investigations; to protect our rights, property, or safety and those of Users, or others; and to protect our confidential and proprietary information.
    • Comply with Legal Obligations – to comply with the law, a judicial proceeding, court order, subpoena, or other legal process.
       

How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We process and use your personal information if there is a legal justification for doing so. Below is an overview of the legal justifications for processing personal information, and why we use your personal information. Additional details on how we process your personal information may be provided to you in a separate notice or contract.

  • Performance of a Contract / Entering into a Contract. Processing your personal information is necessary in some cases to perform a contract with you or take steps to enter into a contract at your request:
    • Providing Support and Services - to provide our support and Services to you, to communicate with you, to respond to your inquiries, to provide you with documentation or communications which you have requested from us, to provide after-sales support, and for other customer service purposes.
    • General Business Operations - to process your orders or purchases.
  • Our Legitimate Interest. Processing your personal information is in our legitimate interests, which are not overridden by your interests and fundamental rights. When the justification for processing your personal information is our legitimate interests, those interests are to use User personal information to conduct and develop our business activities with Users and with others in order to support our reputation and increase our revenues, while limiting the use of personal information to those purposes that strictly support the conduct and development of our business within the reasonable expectation of the individuals concerned:
    • Personalize Content - to make recommendations to you about our Services; to tailor the information that we send or display to you; to offer customization, based on your location; and to otherwise personalize your experiences based on your purchase history and your interactions with the Sites, Apps, and social networking pages.
    • Advertising - to send you targeted advertising on our Sites, in our Apps, or on third party websites.
    • Marketing and Promotions - to send you news and newsletters, special offers and promotions, or to otherwise contact you about information we think may interest you.
    • Analytics and Improvement - to better understand how Users access and use our Sites, Apps, and Services, in order to improve them, respond to User desires and preferences, and for other research, marketing, and analytical purposes; to conduct research and analytics; to evaluate transactions involving the Sites, Apps, and social networking pages; to operate, evaluate, maintain, improve and develop the Site, Apps, and social networking pages (including by monitoring and analyzing trends, access to, and use); or to evaluate, improve, and develop our Services generally by tracking User interaction and review of our Services.
    • Protect Our Legal Rights and Prevent Misuse – to respond to claims asserted against us , comply with legal process (e.g. subpoenas or warrants), or enforce or administer our agreements and terms; to conduct fraud prevention, risk assessment, or investigations; to protect our rights, property, or safety and those of Users, or others; and to protect our confidential and proprietary information.
    • Comply with Legal Obligations – to comply with the law, a judicial proceeding, court order, subpoena, or other legal process.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

 

How We Share Your Information

We do not sell or rent your personal information for monetary compensation. We may share your information, including personal information, as follows:

  • Other Users
    • Any information, including personal information, that you post on public areas of our Sites and Apps, such as reviews, comments, and photos, may be available to, and searchable by, all Users of the Sites and Apps. Reviews may also be viewable by non-registered visitors to our Sites and Apps.
  • Affiliates and Subsidiaries
    • We may disclose the personal information we collect from you to our affiliates or subsidiaries for their own marketing, research, and other purposes. For example, if you request information about one of our franchises, we may share your information with other affiliated franchise companies in which we think you may be interested. In addition, if you sign up to receive information or updates from one of our affiliates, we may send you information from other affiliates. If you would like to opt-out of receiving marketing communications, please submit your request to privacy@dibellas.com.
  • Service Providers
    • We may disclose the personal information we collect from you to third party vendors, service providers, contractors, or agents who perform functions on our behalf, such as payment processors, website and mobile application developers, hosting providers, auditors, advisors, consultants, customer service, marketing analytics and advertising companies, and support providers. 
  • Business Transfers
    • In the event that we are involved in a potential or actual bankruptcy, merger, acquisition, reorganization, sale of assets, or similar event, your personal information may be sold or transferred as part of that transaction, in connection with that transaction, or in anticipation of a possible transaction. This Policy will apply to your personal information as transferred to the new entity. 
  • In Response to Legal Process
    • We may disclose the personal information we collect from you to a court, legal authority, adverse litigation party, legal counsel, and other advisors in connection with a judicial proceeding, court order, subpoena, or other legal process.
  • To Protect Us and Others
    • We may disclose the personal information we collect from you to a court, legal authority, government agency, adverse litigation party, legal counsel, and other advisors where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the rights, property, and safety of DiBella’s or any other person; to enforce or administer our Terms of Use, this Policy, or another DiBella’s policy; or as evidence in litigation in which we are involved.
  • Aggregate Information
    • We or our third-party providers may share information that does not identify you. For example, we may share anonymous, aggregated statistics about Users with third parties for marketing, advertising, research, or similar purposes.
  • With Your Consent or at Your Direction
    • In addition to the sharing described in this Policy, we may share information about you with third parties whenever you consent to or direct such sharing.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website at https://www.networkadvertising.org/.

 

Accessing, Correcting or Deleting Your Information

You may send us an email at privacy@dibellas.com to request access to, correct or delete any personal information. We cannot delete your personal information except by also deleting your user account. 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.

 

Data 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.

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 or App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

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 the Website or App. 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 or App.

 

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by posting a notice on the Website or App’s home page. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for visiting our Website or App and this privacy policy on a regular basis to check for any changes.

 

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

DiBella’s Old Fashioned Submarines, Inc.

180 Canal View Blvd.,

Suite 600,

Rochester, New York 14623

Last Modified: November 10, 2021

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