Privacy Policy

Last Updated: February 20th, 2014

Jim Fannin Brands, Inc. (“we” or “us” or “JFB”) has established this Privacy Policy to explain how it protects and manages the personal information that it collects from you online.

This Privacy Policy governs our policies and practices with respect to the personally identifiable information (“Personal Information”) and other data that is collected by us.

This Privacy Policy may change from time to time so please check back periodically.

Consent for Collection, Use and Disclosure

Your use of the www.jimfannin.com or www.90secondrule.com websites (each, a “Website”) and/or your registration for Website products and services constitute your consent to the terms of this Privacy Policy now and as amended, including our processing of your Personal Information. As used herein, “processing” means using or accessing information in any way, including, but not limited to, collecting, storing, deleting, combining and disclosing information. Our servers are located in the United States. Accordingly, if you reside outside the U.S., by using our Website, you acknowledge and agree that your Personal Information will be transferred to the United States, and processed and stored in the United States. By using our Website, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

If you do not agree to the terms of this Privacy Policy, please do not use our Website or services.

JFB may make new uses or disclosures of information collected from users, such as in connection with an investigation of a breach of an agreement, contravention of laws, an emergency where the life, health or security of an individual is threatened, the collection of a debt or in compliance with the request of a law enforcement agency or a court order, and in such circumstances, this Website will not inform and obtain the consent of the user prior to such change.

A user may withdraw his or her consent for collection, use and disclosure at any time by sending an email to unsubscribe@jimfannin.com. Please note that if you do, this Website may suspend its provision of products and services to you.

Information Collection and Use

Information Collected Upon Registration

If you desire to have access to certain restricted sections of our Website and/or to have access to or use of certain parts of our Website, you will be required to become a registered user, and to submit certain Personal Information to JFB. Personal Information that we may collect in such instances may include your name, email address home or work address, full user name, password, time zone, telephone number, and other information that you decide to provide us with. Providing additional information beyond what is required at registration is entirely optional, but enables you to better identify yourself and utilize our Website.

In addition, you provide us with your Personal Information when you register, subscribe, create an account, purchase goods and services, or otherwise when you provide us with your Personal Information during your interaction with our Website. We also collect Personal Information when you contact us online for customer service and other support using self-help tools, such as email, text, or by posting online.

Log Data

When you interact with our Website, our servers automatically receive and store certain personally non-identifiable information (“Log Data”). This Log Data is collected passively and may include information such as your IP address, browser type or the domain from which you are visiting, Website pages you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider, the IP address will be different every time you log on. We use Log Data and pool it with other information to monitor the use of our Website, and for the technical administration of our Website. We do not associate your IP address with any other Personal Information to identify you personally, except in cases where we are asked to comply with a subpoena or other legal demand or where we suspect that there has been a violation of our policies, our Terms of Use and/or applicable law.

Cookies

Like many websites and services, we also use “cookie” technology to collect additional Website usage data and to improve our Website. A cookie is a small data file that we transfer to your computer’s hard disk. We do not use cookies to collect Personal Information. Also, our cookies only collect information with respect to your visits to and actions on our Website. JFB may use both session cookies and persistent cookies to better understand how you interact with our Website, to monitor aggregate usage by our users and web traffic routing on our Website, and to improve our Website. A session cookie enables certain features of our Website and is deleted from your computer when you disconnect from or leave our Website. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Website. Persistent cookies can be removed by following your web browser help file directions. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

Merchants

If you make a purchase from a merchant linked to our Website, the information obtained during your visit to that merchant, and the information you give such as your credit card number and contact information, is provided to the merchants. This is to enable transactions to take place.

Merchants linked to our Website have separate privacy and data collection practices. JFB has no responsibility or liability for these independent policies. For more information regarding the merchant, their store, and their privacy policies, return to that merchant’s home page and click on its Information link.

From time to time, you may be offered the opportunity to receive materials or special offers from third parties. If you opt in to receive information from these third parties, JFB will (with your permission) share your name and email address with them.

Statistical Information

“Personal Information” does not include statistical information. By analyzing your use of our system we may compile certain statistical information, such as anonymous information about how users use our service. Statistical data helps understand trends and customer needs so that new products and services can be considered and in order to tailor existing products and services to customer desires. Aggregate statistical information is anonymous and will not be linked to any Personal Information for provision to third parties. We may share such anonymous statistical information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.

Use of Information

JFB collects and uses Personal Information you provide in a manner that is consistent with this Privacy Policy and for the following Identified Purposes:

  • To understand user needs regarding Website services;
  • To develop and provide our Website and our products and services for our users;
  • To fulfill your requests for products, services or information;
  • To communicate with users and Website visitors, when necessary, and to inform users of upgrades, as well as of other products and services available from JFB, its affiliates, and third parties;
  • To allow users to access limited-entry areas of our Website;
  • To personalize some of our services and products for you and to deliver targeted advertisements and offers from JFB, its affiliates, and third parties;
    To bill accounts and maintain payment records;
  • To comply with any applicable law, regulation, legal process or government request;
  • To respond to a legitimate claim, or to address our reasonable belief, that you are violating the rights of any third party or any of the agreements or policies that govern your use of our Website or any product or service on our Website;
  • The protect against legal liability;
  • To protect and defend the rights of JFB and the services, products, information, and rights of our Website, including but not limited to the security or integrity of the site;
  • To act in urgent circumstances to protect the personal safety of Website users or the public; and
  • To identify and resolve technical problems concerning our Website, its information, products and services.
  • JFB also uses personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes.

If we hire other companies to provide some products or services on our behalf, then we will only provide those companies the personal information they need for the Identified Purposes, and we will limit their rights to use and further disclose your personal information as appropriate in the course of their work for us.

Disclosure, Processing and Retention

We do not sell, rent, or disclose your personal information to anyone else, except:

To someone you have designated to act as your agent, for one or more of the Identified Purposes (listed in Section 3, above);
To JFB’s employees, independent contractors, subsidiaries, joint venturers, affiliates, consultants, business associates, service providers, suppliers and agents, acting on our behalf for any of the Identified Purposes;
If JFB has reason to believe that disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with JFB’s rights or property, other users of our Website, products or services, or anyone else that could be harmed by such activities; and
To respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.

We want to help you quickly find information on our Website and alert you to specific offers, updated information, and other new products and services from JFB. Accordingly, we may send you direct mailings or contact you by email or telephone about our various products and services or other products and services we feel may be of interest to you. If you do not want to receive such mailings, simply “opt-out” by the means provided for in the mailings or by contacting JFB at unsubscribe@jimfannin.com.

In addition, as we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization, change of control transaction, sale of assets or in the event of bankruptcy

Your information may be stored and processed in the United States, or in any other country in which JFB or its affiliates, subsidiaries or agents maintain facilities. By using this web site, you consent to any such transfer of information outside of your country.

Accuracy of Personal Information

We will use commercially reasonable efforts to keep Personal Information accurate for the Identified Purposes, and for minimizing the possibility of making inappropriate user decisions based on such information. Users are responsible for informing JFB about changes to their Personal Information. JFB will use new or updated Personal Information it receives from users to update its own records.

Security Safeguards

JFB will use commercially reasonable efforts to protect your Personal Information. However, no Internet or email transmission is ever fully secure or error free. We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information to you via email or conspicuous posting on our Website in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Access to Personal Information

JFB will afford you a reasonable opportunity to review the Personal Information in your file only, upon request to JFB at askjim@jimfannin.com.

If JFB is not able to provide access to some aspect of a user’s Personal Information, it will provide reasons for denying access such as: that by doing so would likely reveal Personal Information about a third party, or that it is confidential commercial information or attorney- client privileged communications, or that the information relates to a breach of an agreement or a contravention of law, or that its disclosure could reasonably be expected to threaten the life or security of another individual.

Users have the right to request that inaccurate or incomplete information be amended as appropriate, by contacting JFB at askjim@jimfannin.com. JFB will promptly correct such Personal Information.

Links to Other Websites

Our Website may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Use of Websites by Children

OUR WEBSITE IS NOT DIRECTED TO, OR INTENDED FOR, CHILDREN UNDER 13 YEARS OF AGE. JFB understands that protecting the privacy of young children is important. For that reason, we never collect Personal Information through our Website from users we actually know are under 13 years of age, and no part of our Website is designed to attract users under 13 years of age. No Personal Information should be submitted through our Website by users under 13 years of age. If a user under 13 years of age submits Personal Information to our Website, we delete such Personal Information as soon as we discover it was provided by a user under the age of 13 and we do not use it for any purpose. We encourage parents to take an active role in their children’s use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.

Changes This Privacy Policy

Our Website and business may change from time to time. As a result, at times it may be necessary for JFB to make changes to this Privacy Policy. This Privacy Policy may be updated or modified from time to time for any reason without prior notice. We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on our Site or by emailing you. This Privacy Policy was last updated on the date indicated above. Your continued use of our Website after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. You are advised to consult this Privacy Policy regularly for any changes.

Other Terms and Conditions; Questions

Your access to and use of our Website is subject to the Terms of Use at [INSERT LINK]. Any dispute over privacy or Personal Information is subject to this Privacy Policy and our Terms of Use, including limitations on damages and application of the law of the State of Illinois.

Questions regarding this Privacy Policy should be directed to JFB at askjim@jimfannin.com.

Other Important Information About your Privacy

Please keep in mind that whenever you voluntarily disclose Personal Information online, for example on message boards, through email, or in discussion areas that information can be collected and used by others. In short, if you post Personal Information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you’re online.

California Privacy Rights and Other Countries

If you reside in Canada, you may have the right to be provided with access to Personal Information that we have collected about you and written information about our policies and practices with respect to the transfer of your Personal Information to merchants outside Canada. E-mail us at JFB at askjim@jimfannin.com with questions.

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by JFB pursuant to Section 1798.83 of the California Civil Code, please contact us via the email or address stated above. Please allow 30 days for a response.