Terms of Service

  • OVERVIEW

    •
    • Welcome to the Conserva website. Throughout the site, the terms “we”, “us” and “our” refer to Conserva. Please read the following terms of service (“terms”) as they govern your use of our site. To make these terms easier to read, the Site and our services and content are collectively called the "Services". By using this site, you agree to follow and be bound by the following rules below. If you do not agree to these terms, please do not use this site in any way.
    • We may update the Terms at any time. Updated terms will be posted to the Site, or you may be notified via email. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

  • PRIVACY POLICY

    •
      • Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

    • USAGE RESTRICTIONS

      •
      • All of the content that appears on conservaculture.com, including all visuals, text, audio and video clips are subject to copyright protections and /or other intellectual property rights or licenses held by Conserva. The entire content of conservaculture.com is copyrighted as a collective work under U.S. copyright laws. Conserva grants you a limited license to access and make personal use of the content on this website. Content of conservaculture.com is intended solely for the personal, noncommercial use by the users of our site.

    • PAYMENTS

      •
      • When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in your selected currency at checkout. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.

    • CUSTOMER SATISFACTION

      •
      • Our products are sold in limited quantities and availabilities. We have done our best to display our items as accurately as possible on the site but please be aware, variations in style, color, and size may occur in our hand-crafted items. If you are not satisfied your purchase, please contact help@conservaculture.com

    • PROMOTIONS

      •
      • We reserve the right to refuse, suspend, or revoke promotional offers at anytime.

    • SHIPPING & RETURNS

      •
      • Please refer to our Shipping & Returns Policy for additional details on what to expect when receiving or returning a Conserva item.

    • SITE USE

      •
      • With use of this site, you agree that no comments or other user submissions submitted by you to conservaculture.com will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

    • USER SUBMISSIONS

      •
      • Conserva strives to create an interactive relationship with the members of its site and services. User comments, tagged media, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Conserva on or by this site shall be and remain Conserva’s. Users assign all property rights and interests to Conserva allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Conserva shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.
      • If you choose to publicly share any images of any Conserva products through any social media website or other online or publicly available service, including any such image accompanied by a hashtag (i.e., a word or phrase preceded by “#”) reference using any of our trademarks or any other terms, slogans or keywords referencing Conserva or its products, you hereby grant to Conserva a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to store, reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such photos, in any format or media now known or hereafter developed, in connection with Conerva's (and its successors’, affiliates’ and designees’) business. 

    • CORRECTION OF SITE ERRORS

      •
      • The information on conservaculture.com may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.

    • INDEMNITY

      •
      • By use of this site, you agree to indemnify and hold Conserva (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these terms of service or any activity related to your account (including negligent or wrongful conduct).

    • MODIFICATION/TERMINATION OF THE SITE

      •
      • In the event of termination, you will still be bound by your obligations under these terms of service, including the warranties made by you, and by the disclaimers and limitations of liability. Conserva shall not be liable to you or any third-party for any termination of your access.

    • THIRD-PARTY LINKS

      •
        • To improve our site, Conserva may use and promote services provided by outside third parties. However, even if the third party is affiliated with Conserva, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

    • LIMITATION OF LIABILITY

      •
        • Conserva shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, the materials and services on this site or the performance of any its products (even if Conserva has been advised of the possibility of such damages).

    • CONTACT US

      •

      PRIVACY POLICY

      OVERVIEW

      This Privacy Policy explains Conserva’s online and offline information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt out of, correct, or change such information.


      By using or accessing Conserva’s Services in any manner, you acknowledge that you accept the practices and policies outlined in our Privacy Policy, and you hereby consent that we will collect, use and share your information as detailed below. If you are a resident of California, Nevada, or the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights with respect to your personal information as outlined below.


      Your use of The Conserva’s Services is governed by our Terms, which incorporates this Privacy Policy. Terms used in this Policy without definition use the definitions given in the Terms. If you have a disability and would like to access this privacy policy in an alternate format, please contact help@conservaculture.com


      SCOPE

      This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.conservaculture.com (the “Site”). This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Site. “Personal Information” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations. This Policy applies only to Personal Data collected directly from you; if we did not collect data directly from you, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to this data.


      We gather various types of Personal Information from our users, as detailed below. This information is used in connection with our services including to contact you, to allow you set up and manage a user account, to fulfill your order, to personalize your experience, and to analyze how you use our Services. Your Personal Information may be shared with third parties, but only in the capacity described below.


      All individuals whose responsibilities include the Processing of Personal Information on behalf of Conserva are expected to protect that data by adherence to this Privacy Policy. This Privacy Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions.


      PERSONAL INFORMATION WE COLLECT

      The following section details the categories of Personal Information we have collected over the last twelve (12) months.


      Information You Provide to Us


      Conserva retains personal information that you share through the following types of interactions:


      Placing an Order with Us. When you make a purchase or attempt to make a purchase through the Site, you provide certain types of information directly to us, including your name, billing address, shipping address, payment information (including credit card numbers and PayPal or ApplePay account information), email address, and phone number. We refer to this information as “Order Information”.



      Creating an Account with Us. You have the option of creating an account with Conserva to allow easy access to your order history. During account creation, you provide your name and email address directly to us.



      Communicating with Us. We may collect personal information such as phone number, email address or mailing address when you request information about Conserva, register for Conserva’s newsletter, request customer support, or otherwise communicate with us.



      Completing Surveys. Occasionally, we may ask you to participate in online surveys about our products or services. If you decide to participate, you may be asked to provide certain personal information. All of this information is provided by you voluntarily, and may be used to improve our products, Site, or services.



      Posting on the Site. You may add blog comments or post reviews of your purchases on Conserva’s site. When you disclose personal information through one of these submissions, it will be collected by the Site. If you choose to submit content to any public area of the Site, such content will be considered “public” and not subject to the privacy protections in this policy.



      Registering for Sweepstakes or Contests. Occasionally, Conserva may run sweepstakes and contests. We ask those who enter in the sweepstakes or contests to provide contact information (e.g., an e-mail address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and for other promotional, marketing and business purposes. 



      Information Collected Automatically or From Others


      Automatic Data Collection. When you visit the Site, some information is automatically collected, including information about your web browser, IP address, time zone, and some of the cookies installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. This is used to personalize your site experience and to tailor content to you (on Conserva’s website and in advertising).


      Cookies, Pixel Tags/Web Beacons, and Interest-Based Advertising. We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.


      Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.


      Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.


      Analytics We also use Google Analytics, Hotjar, and other service providers to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.


      Interest-Based Advertising As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at HTTP://WWW.NETWORKADVERTISING.ORG/UNDERSTANDING-ONLINE-ADVERTISING/HOW-DOES-IT-WORK. You can opt out of targeted advertising by using the links below:


      Facebook:HTTPS://WWW.FACEBOOK.COM/SETTINGS/?TAB=ADS


      Google: HTTPS://WWW.GOOGLE.COM/SETTINGS/ADS/ANONYMOUS


      Bing: HTTPS://ADVERTISE.BINGADS.MICROSOFT.COM/EN-US/RESOURCES/POLICIES/PERSONALIZED-ADS


      Pinterest: HTTPS://HELP.PINTEREST.COM/EN/ARTICLES/WHAT-ARE-PROMOTED-PINS


      Criteo: HTTPS://WWW.CRITEO.COM/PRIVACY/


      Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: HTTP://OPTOUT.ABOUTADS.INFO/.


      California & EU residents may also opt out of behavioral advertising by emailing help@conservaculture.com.


      Information from Other Sources. We may obtain information about you from other sources, including through third party services and organizations, to supplement information provided by you. For example, if you access our Services through a third-party application, such as a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your user name, location, gender, birth date, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.


      HOW WE USE YOUR INFORMATION

      We acquire, hold, use and process Personal Information to operate, improve, understand and personalize our Sites and our products. For example, we use Personal Information to:


      Fulfill requests orders placed through the site or offline, including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations.

      Screen our orders for potential fraud or risk.

      Communicate with you directly about an order or inquiry you have made.

      Allow you to register for events.

      Generally manage individual information and accounts.

      Personalize your experience on Conserva’s website.

      Market Conserva’s products and services online, by phone, postal mail, or email. Personally identifiable information you provide to us, along with order information, may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. This information will be used to make our future marketing efforts more efficient. This information may also be shared with our third party service providers that assist us with our marketing efforts and with other marketers whose products or services we feel may be of interest to you. You may contact help@conservaculture.com. at any time to opt out of the use of your Personal Information for marketing purposes or to ask that we do not share your name and address with other marketers. 

      Conduct surveys to determine satisfaction with our products and effectiveness of our services, various types of communications, advertising campaigns, and/or promotional activities.

      Create anonymous and aggregated information repositories for analytics, including the measurement of visitors’ interest in and use of various portions or features of the Site. We may share this information within Conserva and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

      Serve other internal purposes.

       


      Categories of Third Parties with Whom We Share Information


      We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in our Terms of Use. These parties include:


      Payment processors

      Fraud prevention service providers

      Ad networks

      Marketing service providers

      Analytics service providers

      Staff augmentation and contract personnel

      Hosting service providers

      Co-location service providers

      Communications service providers

      We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:


      Fulfillment partners

      Third party business partners who you access through the Site

      Other parties authorized by you

      We also share the information with third parties when you have given us consent to do so (as indicated at the point such information is collected).


      We also share Personal Data when we believe it is necessary to:


      Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies

      Protect us, our business or our users, for example to enforce our Terms of Use, prevent spam, or other unwanted communications and investigate or protect against fraud

      Maintain the security and stability of our products and services

      YOUR RIGHTS

      You may choose not to opt-in or disclose certain information to Conserva, but please note that some information may be needed to take advantage of some of the site’s features.


      You may request that your personal information be updated or removed by contacting help@conservaculture.com. An unrevised copy of this information may be retained as necessary for legal or financial purposes.


      Any user may opt-out of receiving physical or electronic mail from Conserva at any time, by emailing help@conservaculture.com.


      CALIFORNIA RESIDENT RIGHTS


      If you are a California resident, you have the rights outlined in this section. Please see the "Exercising Your Rights" section below for instructions regarding how to exercise these rights. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at help@conservaculture.com.


       Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at help@conservaculture.com.


      Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.


      Access


      You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. We will provide you with the following information:


      The categories of Personal Data that we have collected about you.

      The categories of sources from which that Personal Data was collected.

      The business or commercial purpose for collecting or selling your Personal Data.

      The Categories of third parties with whom we have shared your Personal Data.

      The specific pieces of Personal Data that we have collected about you.

      If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient.


      If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data purchased by each category of third party recipient.


      Deletion


      You have the right to request that we delete the Personal Data that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.


      Exercising Your Rights


      To exercise the rights described above, you must submit a request 1) via a verified email address that confirms you are the person about whom we have collected Personal Data and 2) that describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request.


      We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.


      You may submit a Valid Request using the following methods:


      Call us at 203-682-0530

      Email us at help@conservaculture.com

      You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to do, and we may request a copy of this written permission from your Authorized Agent when they make a request to exercise your rights on your behalf.


      Personal Data Sales Opt-Out and Opt-In


      You have the right to opt-out of the sale of your Personal Data. You can opt-out using the following methods:


      Email us at help@conservaculture.com

      Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your Personal Data for at least 12 months. However, you may change your mind and opt back into Personal Data sales at any time by emailing help@conservaculture.com.


      We do not sell the Personal Data of minors under 16 years of age without affirmative authorization. If you are between 13 and 16 years of age, you must authorize us to sell your Personal Data. If you are under 13 years of age, your parent or guardian must authorize us to sell your Personal Data.


      We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA


      We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.


      OTHER PRIVACY RIGHTS


      Nevada Resident Rights


      If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at help@conservaculture.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.


      How Long Do We Retain Your Personal Data?


      We retain Personal Data about you as long as you have an open account with us and for as long as required after your close your account, in compliance with our legal obligations, to resolve disputes or collect fees owed, or as otherwise permitted or required by applicable law, rule or regulation.


      What Security Measures Do We Use?


      In proportion to the sensitivity of the information, we maintain reasonable administrative, technical, and/or physical safeguards and appropriate security measures to protect Personal Information from loss, misuse or unauthorized access, disclosure, alteration, or destruction of the information you provide. However, we cannot guarantee the security of your Personal Information, as no electronic data transmission or storage of information is completely secure. If an incident is reported affecting your information, we will investigate and comply with all required reporting obligations.


      What Rights Do You Have Regarding Your Personal Data?


      You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please fill out this request form. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.


      Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by emailing help@conservaculture.com and we can email or mail you the requested information.


      Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data by emailing help@conservaculture.com.


      Erasure: You can request that we erase some or all of your Personal Data from our systems. To do so, please email us at help@conservaculture.com.


      Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Site.


      Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.


      Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.


      Restriction of Processing: You can ask us to restrict further processing of your Personal Data.


      Right to File Complaint: You have the right to lodge a complaint about Conserva’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.


      EU RESIDENT RIGHTS (GDPR)


      For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Conserva will be the controller of your Personal Data processed in connection with the Site. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.


      If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at: help@conservaculture.com.


      DATA RETENTION


      When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.


      Additional personal information obtained through the site will be trained for as long as you use our services or as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.


      CHANGES


      We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. Changes to our Privacy Policy will be detailed here, and may also be emailed to you if you have subscribed to Conserva’s promotional emails. If you have not legally consented to receive email from Conserva, these Policies will still govern your use of our Services and you are responsible for understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.


      CHILDREN’S PRIVACY


      Our Services are not directed to children under 13 years of age, and Conserva does not knowingly collect Personally Identifiable Information from children under 13 years of age. If you learn that your child has provided us with Personal Information without your consent, you may alert us at help@conservaculture.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s Account.


      CONTACT US


      For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at help@conservaculture.com or by mail using the details provided below:


      Barcelona Restaurants / Conserva

      [Re: Privacy Compliance]

      20 Ketchum St

      Suite 101

      Westport, CT 06880

      United States


      Updated November 2020