Privacy and Cookie Policy
YOUR PRIVACY IS IMPORTANT TO US
It is jovial’s policy to respect your privacy regarding any information we may collect while operating our website. This Privacy Policy applies to https://jovialfoods.com (hereinafter, "us", "we", or "https://jovialfoods.com"). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website. We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms and conditions posted on our Website, set forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions
WEBSITE VISITORS
Like most website operators, jovial foods collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Jovial Foods’ purpose in collecting non-personally identifying information is to better understand how jovial foods’ visitors use its website. From time to time, jovial foods may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Jovial Foods also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://jovialfoods.com blog posts. Jovial Foods only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
GATHERING OF PERSONALLY IDENTIFYING INFORMATION
Certain visitors to jovial foods’ website choose to interact with jovial foods in ways that require jovial foods to gather personally-identifying information. The amount and type of information that jovial foods gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at https://jovialfoods.com to provide an email address.
SECURITY
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security
LINKS TO EXTERNAL SITES
Our Service may contain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.
JOVIALFOODS.COM USES GOOGLE ADWORDS FOR REMARKETING
https://jovialfoods.com uses the remarketing services to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven't completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone's past visits. Of course, any data collected will be used in accordance with our own privacy policy and Google's privacy policy.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
PROTECTION OF CERTAIN PERSONALLY IDENTIFYING INFORMATION
Jovial Foods discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on jovial foods’ behalf or to provide services available at jovial foods’ website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using jovial foods’ website, you consent to the transfer of such information to them. Jovial Foods will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, jovial foods discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when jovial foods believes in good faith that disclosure is reasonably necessary to protect the property or rights of jovial foods, third parties or the public at large.
If you are a registered user of https://jovialfoods.com and have supplied your email address, jovial foods may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with jovial foods and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Jovial Foods takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
AGGREGATED STATISTICS
Jovial Foods may collect statistics about the behavior of visitors to its website. Jovial Foods may display this information publicly or provide it to others. However, jovial foods does not disclose your personally-identifying information.
COOKIES
To enrich and perfect your online experience, jovial foods uses "Cookies", similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Jovial Foods uses cookies to help jovial foods identify and track visitors, their usage of https://jovialfoods.com , and their website access preferences. Jovial Foods visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using jovial foods’ websites, with the drawback that certain features of jovial foods’ websites may not function properly without the aid of cookies.
By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to jovial foods’ use of cookies.
PRIVACY POLICY CHANGES
Although most changes are likely to be minor, jovial foods may change its Privacy Policy from time to time, and in jovial foods’ sole discretion. Jovial Foods encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
JOVIAL FOODS MESSAGING TERMS & CONDITIONS
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Jovial Foods and Bionaturae, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Jovial Foods reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Jovial Foods also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Jovial Foods, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
You also agree to our Jovial Foods Terms of Use and Jovial Foods Privacy Policy.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Jovial Foods and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Jovial Foods through any other programs you have joined until you separately unsubscribe from those programs.
Help
Text the keyword HELP to our shortcode to return customer care contact information.
Contact
This message program is a service of Jovial Foods, located at 41 Norwich Westerly Road, North Stonington, Connecticut 06359.
Dispute Resolution
- General. In the interest of resolving disputes between you and Jovial Foods in the most expedient and cost effective manner, you and Jovial Foods agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Jovial Foods or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Jovial Foods or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Jovial Foods ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Jovial Foods to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Jovial Foods will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Jovial Foods. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or Jovial Foods intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Jovial Foods address for Notice is: 41 Norwich Westerly Road, North Stonington, Connecticut 06359, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Jovial Foods will make good faith efforts to resolve the claim directly, but if you and Jovial Foods do not reach an agreement to do so within 30 days after the Notice is received, you or Jovial Foods may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Jovial Foods must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Jovial Foods will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Jovial Foods for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Jovial Foods agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Jovial Foods made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND Jovial Foods AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Jovial Foods agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Jovial Foods makes any future change to this arbitration provision, other than a change to Jovial Foods address for Notice, you may reject the change by sending us written notice within 30 days of the change to Jovial Foods address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Jovial Foods.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
CALIFORNIA CONSUMER PRIVACY RIGHT
California residents may have additional rights with respect to their Personal Information. For information relating to these rights, please view our Privacy Notice for California Residents, accessible at jovialfoods.com/california-privacy-rights.