Privacy Policy

Toot 'n Totum Food Stores, LLC Privacy Policy

Last Updated: May 31, 2023

Toot 'n Totum Food Stores, LLC ("Toot 'n Totum", "we", "us" or "our") is committed to protecting the privacy of your information. We believe it is a good business practice to disclose to you how your personal information and activity on the website and its subpages and content (collectively, the "Site") may be used. As a user of this website, or the services or products available through the Site (collectively, "Service(s)") provided by Toot 'n Totum, this Privacy Policy set forth herein (this "Privacy Policy") is intended to describe in a straight-forward and easily understandable manner:

  • the information we collect about you;
  • how that information may be used;
  • with whom the information may be shared;
  • how you may update the information you provide us;
  • how you may contact us; and
  • your choices about our uses and disclosures of your information.

As noted in the Terms of Service applicable to the Site (the "TOS"), by using the Site and/or Services you accept and acknowledge that you are bound by this Privacy Policy. Accordingly, we encourage you to read this Privacy Policy carefully. If you have questions or concerns regarding this Privacy Policy, please feel welcome to contact us through the Site at: Alternatively, you can also e-mail us at, or send mail to Toot 'n Totum Food Stores, LLC, Attn: Privacy Dept., 1201 South Taylor Amarillo, Texas 79101.

Information We Collect

We collect information about you so we can continue to provide and improve our Services to you and other users of the Site. The information collected through the Site may include items such as your name, e-mail address, mailing address, phone number, facsimile number, social security number, credit card information, financial institution and bank account information, business size, industry type, as well as other information that may or may not specifically identify you. The information collected on the Site may be stored at servers, computers, or other media located in or outside the United States.[A1]

Third-Party Sources

We may obtain personal and non-personal information about you from third-party sources. This information may be utilized, analyzed, and/or compared with information that we have collected from you or that you have submitted to the Site. Such third parties may include but are not limited to Google. If Toot 'n Totum obtains information from third-party sources, Toot 'n Totum takes commercially reasonable measures to ensure the third parties lawfully obtained and provided the information to us. If the third parties unlawfully obtained and/or provided the information to us despite our reasonable measures to ensure the third parties complied with all legal requirements in obtaining and providing the information to us, you understand, agree, and acknowledge that your sole legal remedy is against the third party that engaged in the unlawful activity and that you will not assert any cause of action, claim or demand against us.

Information Collection Technology (Web Beacons and Cookies)

We may use various technologies to collect information from your electronic device about your activities on the Site. We may collect and store non-personally identifying information through cookies, log files, clear gifs (commonly known as "web beacons"), and third parties to profile user activity and preferences. Technical and specification information about your browser and computer is automatically collected when you use or visit the Site. This information may include but not be limited to your Internet Protocol ("IP") address, your browser type, operating system, geographic location, access time(s), the content of previously accepted "cookies" from us, and the website address that referred you to the Site.

A cookie is data stored on your computer that tracks non-personal information about you. When you use the Site, we may assign your computer one or more cookies that enable us to improve the quality of the Services and to personalize your experience. Cookies allow us to automatically collect information about your activity on the Site, such as the content you access while on the Site, the links you click, and other activity you conduct while using the Site. You may choose to modify your web browser's setting to disable cookies or limit their use. If you choose to disable or limit cookies, you are still able to access the Site, but you may be unable to use all of the features on the Site. Additional information about cookies may be found at:

The Site may contain web beacons (also known as "clear gifs") or similar technologies that gather non-personally identifiable information about your use of the Site. Such technology may also be contained in e-mail messages or newsletters from us that allow us to determine whether messages have been accessed. The purpose of our use of this technology is so that we may analyze the effectiveness of our marketing efforts, the quality of the Site, and the Services we provide.

Personal Information About Users Under 18 Years of Age Not Collected

The Site is meant for adults and those who have reached the age of majority as defined by the laws of their domicile. The Site is not meant for individuals under the age of eighteen (18) or those defined by the laws of their domicile as minors. Nonetheless, this Privacy Policy is still designed to comply with the Children's Online Privacy Protection Act ("COPPA") to the extent COPPA applies. Accordingly, we do not knowingly collect or retain any personal information about users under the age of thirteen (13). If we obtain actual knowledge that we collected or retained personal information about a child under the age of thirteen (13), that information will be promptly deleted from our database, servers, and all other media. Since we do not collect information from users under thirteen (13) years old, no such information is disclosed to third parties.

If parents or guardians wish to create an account for, and provide information related to, their child who is under the age of eighteen (18), the parent or guardian may do so, but assumes full responsibility for ensuring that the information is kept secure and that the information submitted is accurate. In creating such an account, the parent or guardian accepts that this Privacy Policy will apply to the minor child's information.

Information Others May Collect

To enhance security and promote operational efficiency, the Site utilizes the resources of reputable hosting facilities that are controlled by third parties. Toot 'n Totum is unable to provide any guarantees or warranties about these third parties' retention or usage of your information.[A2]

Information Use and Sharing

We may use and share your information for any legally permissible purpose. We may match, use, and share any of the information we collect from you to any personally identifiable information we obtain through third parties. Examples of some ways we may use or share information that we collect about you include:

  • providing you with products or services;
  • providing you with customized content and services;
  • providing customer support;
  • communicating with you by e-mail, United States mail, telephone, text message, and/or mobile devices about products or services that may be of interest to you either from us, or from any of our affiliates, sponsors or other third parties;
  • compliance with applicable law;
  • working with our advertising partners;
  • enforcing the TOCs or our other terms and conditions, or otherwise managing our business;
  • performing functions as otherwise described to you at the time of payment collection; and
  • to sell to our direct marketing customers.

In order to perform certain services on your behalf, we may publish certain information that you provide. You agree that any testimonial feedback or other comments provided by you to Toot 'n Totum becomes the sole and exclusive property of Toot 'n Totum and that such information may be used by Toot 'n Totum for any legally permissible purpose, including but not limited to marketing and advertising its services and products.

You acknowledge and agree that Toot 'n Totum may use and disclose your personal and non-personal information to public or private third parties: (i) to comply with requests for inspection by law enforcement officials (including potential criminal activity); (ii) to respond to cease and desist letters, arbitration proceedings, legal actions and suits, criminal and civil subpoenas, or any court orders; (iii) to enforce or apply the terms of this Privacy Policy or any other agreement between us, including the Terms of Service; and (iv) to protect our rights, property, or safety, as well as the rights, property, or safety of our users, or others, whether during or after the term of your use of the Site or any Services.

Communications from Us

Unless you opt out of certain communication features, we may use your information to communicate with you, such as through e-mail, newsletters, and telephone. You may opt out and/or unsubscribe to communications from Toot 'n Totum at any time. See the Opt-Out Provisions and Updating Your Information [HYPERLINK] section below for applicable contact information and directions.

Your Information Will Not Be Sold

We will not sell any information you submit to us to any third party without prior written notice to you and an opportunity for you to opt-out of such sale, provided, however, that we are permitted to sell your information if all or substantially all of our assets are sold as part of a merger or acquisition transaction and are allowed to share your information for data analytical purposes. However, you agree that we are able to sell aggregated and/or deidentified information that we may collect related to you and your use of the Site.

Legal Process and Investigation Issues

From time to time, Toot 'n Totum may be required to respond to a subpoena, a court order or similar investigative demand from law enforcement, a government agency, or a private litigant. Toot 'n Totum reserves all rights to defend, within its sole discretion, against such legal requests, demands, and claims. For instance, Toot 'n Totum may raise or waive legal objections or rights. Toot 'n Totum also reserves the right to disclose your information, as allowed by applicable law, when we believe it is reasonably appropriate based on the situation. Such disclosure may occur, but is not limited to, disclosing your information in connection with efforts to: (i) investigate, prevent, or commence other actions regarding suspected illegal activity or other wrongdoing; (ii) protect or defend the rights, property or safety of our company, our users, our employees, or others; (iii) comply with applicable law or cooperate with law enforcement; or (iv) enforce the TOS or other agreements or policies related to the Site or the Services.

Notice about Social Security Numbers

We do not collect social security numbers of customers or other users, and you should not provide such information to Toot 'n Totum. Nonetheless, if Toot 'n Totum comes into possession of users' social security numbers or collects such information in the future, the information will be treated confidentially and not shared with third parties unless allowed by law. Additionally, Toot 'n Totum will take reasonable steps to limit the access to such social security numbers and take legally required steps to secure the transmission of the data containing such social security numbers.

Third Party Privacy Policies May Be Applicable

This Privacy Policy does not cover any third party's use or handling of your information once it is shared. Instead, the privacy policies of the third party(ies) will govern. We encourage you to visit the websites of those third parties and fully read and understand their privacy policies. Some of these entities or their servers may be located outside the United States.


The Site may contain links to other websites. Toot 'n Totum disclaims any responsibility for the privacy practices of third parties that may have links to or from our website, or any framed content on our website. We encourage you to review the privacy policies/statements of every website that you visit that collects personally identifiable information.


In some states, users may be entitled to know how we respond to "Do Not Track" browser settings. There is little consensus in the industry about what "Do Not Track" means; however, we recognize "Do Not Track" signals as an opt-out for the sharing of your data with third parties. We take good faith efforts to comply with any "Do Not Track" request[A3] ; however, you may still need to contact any third-party companies (including those who may have cookies or beacons on the Site) to direct them to not share your data with third parties. To learn more or opt-out from data collection by third-party companies you can visit: or

Opt-Out Provisions and Updating Your Information

We value our users' privacy and provide them with the option to "opt-out" of having their information used for purposes not directly related to the Site. The opt-out option is available at the time you sign up for your account on the Site. If you wish to change your opt-out preference or update your information after you initially sign up for your account, you can opt-out by any of the following means:

(1) Send a written request to: Toot 'n Totum Food Stores, LLC, 1201 South Taylor Amarillo, Texas 79101; or

(2) E-mail

Your request will generally be responded to within three (3) business days if your request is via e-mail, or thirty (30) days if your request is via United States mail.

Please note that changing your opt-out preference will only affect future activities or communications from us. In other words, if we already provided your information to a third party before you changed your opt-out preferences, you will need to contact the third party directly. To opt-out of communications from our third-party business partners, if any, please contact them directly.

Information Retention and Security

We may store your information for more than one (1) year from the time of initial submission, as well as automated personal information we collect about you. However, if we obtain or collect your social security number or credit card number, that information will only be stored for a limited time pursuant to your authorization unless the law requires otherwise.[A4]

We take reasonable security measures to protect users' information against unauthorized access, loss, alteration, or destruction. These measures include encryption and physical security measures to guard against unauthorized access to systems where we store personal information and the usage of reputable third-party vendors. [A5] Despite these reasonable measures, we cannot guarantee our security measures are impenetrable. Therefore, although we take reasonable steps to secure your information, we cannot and do not promise or warrant that your information will always remain secure.

Visitors Outside the United States

This Privacy Policy is intended to cover the collection of information on the Site from residents of the United States. The laws in other countries may or may not be as comprehensive as those in the United States. If you are a resident of another country and/or are visiting the Site from outside the United States, you acknowledge and agree that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. You also acknowledge that your use of the Site or the Services shall be governed exclusively by the laws of Texas and as if all transactions with us or otherwise through the Site take place within Texas. By using the Site, you acknowledge and agree 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 are unwilling to accept these terms, then you agree that you will not use or access the Site or our services.

Privacy Policy Updates and Revisions

This Privacy Policy may be updated from time to time. We reserve the right to modify this Privacy Policy at any time without notice, so please review this Privacy Policy frequently. When changes are made to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will also post notice of the changes on the Site and/or may notify you by sending an e-mail to the e-mail address you most recently provided us under your account. Your continued use of the Site or any Services after we have posted any Privacy Policy changes indicates your agreement to such changes unless you notify us otherwise.

If you wish to retain a copy of this Privacy Policy, you should print a copy for your records.

Terms of Privacy Policy Survive

If any terms of this Privacy Policy are held invalid and/or unenforceable by a court of law or a competent jurisdiction, the remaining provisions of this Privacy Policy shall remain in full force and effect.


The adoption or publication of this Privacy Policy does not subject Toot 'n Totum to any stricter duty in its collection, handling, storage and disclosure of nonpublic information than otherwise applies to Toot 'n Totum under applicable law. No person or entity shall have any right or recourse against Toot 'n Totum nor any of its affiliates, agents, sponsors, or other related parties based on any alleged violation of or noncompliance with this Privacy Policy.

In certain situations, customers of Toot 'n Totum may dictate how their personal information is used, stored, and processed. If you are a customers, you may provide written instructions to Toot 'n Totum about how you wish for your personal information to be treated.

General Contact:

Toot 'n Totum Food Stores, LLC

1201 South Taylor Amarillo, Texas 79101