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 www.tootntotum.com 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)")
Policy") is intended to describe in a straight-forward and easily
- 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
carefully. If you have questions or
the Site at: www.tootntotum.com. Alternatively,
you can also e-mail us at firstname.lastname@example.org, 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]
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.
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: https://support.microsoft.com/en-us/help/260971/description-of-cookies.
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
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,
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 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
- 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
- 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
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
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
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.
DO NOT TRACK REQUESTS
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: http://www.networkadvertising.org/choices or www.aboutads.info/choices/
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:
Send a written
request to: Toot 'n Totum Food Stores, LLC, 1201 South Taylor Amarillo, Texas
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
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
Visitors Outside the United States
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
you agree that you will not use or access the Site or our services.
time. We reserve the right to modify this
frequently. When changes are made to this
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
agreement to such changes unless you notify us otherwise.
should print a copy for your records.
and/or unenforceable by a court of law or a competent jurisdiction, the
The adoption or
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
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.
Toot 'n Totum Food Stores, LLC
1201 South Taylor Amarillo, Texas 79101