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Privacy Policy & Terms of Use

PRIVACY POLICY

Effective Date: July 28, 2022

This Privacy Policy describes how Fully Rinsed Productions LLC d/b/a Pig Beach BBQ (“we,” “us,” or “our”) collects, uses, and stores your information when you visit our website, www.pigbeachbbq.com/ (the “Site”) or during your interactions with us online or in person and in any other circumstances in which you are provided or presented with a copy of this Privacy Policy.  Please be sure to read this Privacy Policy carefully.

How We Collect Your Information 

We may collect your information from:

  • Your interactions with us, such as when you make an online purchase from us, subscribe to our newsletter, and/or otherwise communicate with us in-person, over the phone, or via email or other channels. 

  • Automated data collection technologies, such as when you interact with our Site. For more information, please review the “Automated Data Collection Technologies” sections below. 

  • From third parties, such as our service providers when you make an online purchase from us or through social media postings or other publicly accessible information about you. 

What Categories of Information We Collect 

We may collect the following categories of information about you:

  • Contact information, such as your first and last name, mailing address, email address, and phone number. 


  • Billing information, such as your credit card information, needed to process your requests such as purchases, and your purchase history with us. We do not process these payments, but may collect this information from you to share with our third-party payment processors. 


  • Internet activity.  When you use our Site, we automatically collect information about you and the device you use to access our Site. When you access our Site, we may collect your IP address, device identifier, web browser type and version, and your location based on your IP address.


  • Other information you choose to provide, such as information you provide when you contact us.

We may use the information you provide and that we collect from you and third parties to develop a profile about you.

How We Use Your Information

We may use your information for the following purposes:

  • Providing our services to you. We may use your information to fulfill your purchase request and provide other services to you that you request from us. 


  • Personalizing the Site and user experience. We may use your information to gain a better understanding of your preferences and interests so we can improve and offer products, services, and marketing to better serve you. 


  • Communicating with you. We may use your information to respond to your messages and/or inquiries, and provide updates via our newsletter.


  • Contests and sweepstakes. From time-to-time, we may host contests and sweepstakes. Information collected in connection with these contests and sweepstakes is generally used to notify winners and send prizes and may be shared with third parties participating in or hosting these programs. 


  • Marketing and promotional purposes. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.


  • Complying with legal obligations. We may use your information to comply with legal obligations and to establish and defend our legal rights.


  • Analyzing our Site and services.  We may use your information to analyze how users interact with our Site and the services we provide.


  • Security and fraud protection. We may use your information to defend against harmful attacks, prevent fraudulent and other illegal activities, and to detect security incidents. 

We may also use your information with your consent, for other purposes consistent with the context of the collection of your information, or as otherwise disclosed to you prior to the use of your information. 

Sharing Your Information

We do not sell your information to third parties. We may disclose your information to third parties in the following circumstances:

  • With your consent. We may share your information with your consent. 

 

  • With service providers. We may share your information with third parties that provide services to us in connection with our business, including to maintain the Site and provide services including processing payments for your purchases.

 

  • Third party analytics. We use cookies to collect information about your interactions with our Site and services. This information may be used to, among other things, improve the functionality of our Site and services. 

 

  • Sales and acquisitions. We may disclose your information to a third party in the event of a merger, acquisition, reorganization, sale of assets, or similar transaction, or in the event of bankruptcy.

 

  • As required by law or in connection with legal rights. We may disclose your information if, in our sole discretion, we believe it reasonable or necessary to (a) comply with the law, (b) prevent illicit or unethical activity, (c) protect and defend our, your, or others’ rights, property, safety, or interests, or (iv) detect, prevent, or respond to fraud, misuse of the Sites, or other violations of law.

Automated Data Collection Technologies 

A cookie is a small text file that a website can send to your internet browser and may be stored in your browser or elsewhere on your computer.  We use third-party cookies on our Site.  Our Site uses cookies to allow us to recognize and remember you and learn from your interactions with our Site.


You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, this may impact your experience using our Site.

You can use the methods linked to below to manage cookies. You must take these steps on each browser or device that you use. If you replace, change or upgrade your browser or device, or delete your cookies, you may need to use these opt-out tools again.

  • Google Chrome

  • Apple Safari

  • Mozilla Firefox

  • Microsoft Edge

If the browser you use is not listed above, please refer to your browser’s help menu for information on how to manage cookies.

Your Privacy Choices


  • Opting out of marketing communications: If you do not want to receive marketing emails from us, you may unsubscribe by clicking the “Unsubscribe” link that appears in the marketing emails you receive from us. Alternatively, you may contact us using the information that appears in the “Contact Us” section below. Please be aware that, even if you unsubscribe from marketing emails, you will continue to receive emails from us concerning legal matters, in connection with order fulfillment and other important topics.  


  • Your California privacy rights: California law permits California residents to request certain information once per calendar year about our disclosure of certain categories of information to third parties for those third parties’ direct marketing purposes. To make such a request, please contact us using the information in the “Contact Us” section. We reserve the right to not respond to requests submitted other than to the email address listed in the “Contact Us” section. Please be aware that we do not currently share your information with third parties for their direct marketing purposes.


  • Your Nevada privacy rights: If you are a Nevada resident, you have the right to opt out of the sale of certain information, including your name and mailing address, to third parties. We do not sell your personal information to any third parties.


Links to Third Party Websites


Our Site may contain links or references to the websites of third parties. We are not responsible for the data collection or privacy practices of any third party. If you choose to visit a third party’s linked website, the use of any information collected by that website will be governed by the privacy policy of the operator of that website, and not by this Privacy Policy. We encourage you to review the privacy policies of the operators of any third-party website prior to using the website.


Security


We take reasonable steps to protect the information we collect about you. However, it is impossible to guarantee the complete security of your information. We encourage you to use caution while using the Internet.


Do-Not-Track (DNT) Settings


Some web browsers incorporate a “Do Not Track” (“DNT”) feature. At the present time, we do not currently respond to DNT signals. 


Where We Store Your Information

Our Site and services are intended for residents of the United States. However, if you are located outside of the United States, please be aware that information we collect through our Site and services will be transferred to and processed in the United States. By using the Site and services or by voluntarily providing your information to us, you consent to the transfer, processing, and storage of your information in the United States.

Children’s Privacy


Our Site is not intended for use by, and we do not knowingly collect information from, individuals under the age of 13. If we determine that we have received the information of an individual under the age of 13 without the verifiable consent of the individual’s parent or legal guardian, we will take steps to delete such information. If you are aware of an individual under the age of 13 providing his or her information to us without parental or guardian consent, please let us know using the contact information in the “Contact Us” section below.


Changes to this Privacy Policy


We may make changes to this Privacy Policy. If we do, we will notify you by posting the updated version of the Privacy Policy to the Site and attempting to notify you if and as required by applicable law. We encourage you to check this page regularly to stay current on our privacy practices.


Contact Us


If you have any questions, concerns, or would like to know more about this Privacy Policy or our privacy practices, you can reach us at:  contact@pigbeachnyc.com  



TERMS OF USE

Last Updated July 28, 2022


Fully Rinsed Productions LLC d/b/a Pig Beach BBQ ("Pig Beach", "we," “our” or "us") operates a website at www.pigbeachbbq.com through which you may access an online store to purchase food and other products, and catering pages through which you may purchase food for pickup.  The website, online store and catering pages are collectively the “Pig Beach Shop,” and any food and other products available for purchase at the Pig Beach Shop are “Pig Beach Shop Products.” 

These Terms of Use apply to the content and functionality of the Pig Beach Shop, and to the Pig Beach Shop Products. These Terms of Use do not apply to products or services that we make available pursuant to different terms.

1. Information that you provide to us; Email

You may give us information about yourself when you visit the Pig Beach Shop. Our privacy policy explains our practices with respect to that information. 

We may send you email messages to, for example, verify your identity, provide you with important information, to respond to your requests sent through the Pig Beach Shop, or for other reasons. You authorize us to send those messages when you visit the Pig Beach Shop and provide your contact details. 

2. Pig Beach Shop IP

As between you and Pig Beach, Pig Beach and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Pig Beach Shop (collectively, "Pig Beach Shop IP"). Pig Beach Shop IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Pig Beach Shop IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the Pig Beach Shop or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Pig Beach has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to Pig Beach Shop

Pig Beach grants you a limited, revocable, non-exclusive, non-transferable license to access the Pig Beach Shop for the sole purpose of doing business with us. This license does not include a right to use any of our logos, marks, content or information, including product listings. If we decide to permit you to use our logos and other marks, the terms and conditions that apply to your use of our logos and marks will be provided in a separate agreement. Your permissions and/or licenses are automatically terminated by any unauthorized use.

4. Products, Content and Specifications

Details of the Pig Beach Shop Products available for purchase are set out in the Pig Beach Shop. All Pig Beach Products (e.g., recipe, sizing, and pricing) and their availability are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Pig Beach Shop. The inclusion of any products in the Pig Beach Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the availability, manufacture or distribution of a certain product may be delayed for a number of reasons. For products that we ship to you, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.  Prices on the Pig Beach Shop are in U.S. dollars.

5. Your account

We may require that you create an account to access the Pig Beach Shop, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

6. Shipping and returns

This Section 6 applies to Pig Beach Shop Products that are physical goods. For clarity, this Section 6 applies despite any contrary terms in any invoice or purchase order.

Orders are shipped using carriers selected by Pig Beach. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Pig Beach is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Pig Beach Shop Product to be shipped will be delivered FCA Pig Beach’s fulfillment location (as such location is designated on the applicable order) (Incoterms 2020).

Unless otherwise noted in the product description, Pig Beach Shop Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused and unopened condition, in exchange for a refund. To begin the return process, please contact us. Return shipping instructions will be provided. Pig Beach will cover the cost of return shipping and will refund your purchase price in full subject to the limitations noted above.

7. Sanctions and export policy

You may not use the Pig Beach Shop or purchase any Pig Beach Shop Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Pig Beach Shop or any Pig Beach Shop Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

8. No warranties

We provide the Pig Beach Shop, Pig Beach Shop IP and Pig Beach Shop Products "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Pig Beach or obtained by you from or through the Pig Beach Shop - whether from Pig Beach or another entity, and whether oral or written - creates or implies any warranty from Pig Beach to you.

Pig Beach disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Pig Beach Shop; (b) that the Pig Beach Shop Products will meet your specific needs or requirements; (c) that the Pig Beach Shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Pig Beach will correct any defects or errors in the Pig Beach Shop; or (e) that the Pig Beach Shop is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Pig Beach Shop is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.

Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

9. Limitation of liability; Indemnity

Under no circumstances will Pig Beach be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Pig Beach Shop or for the unavailability of the Pig Beach Shop, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Pig Beach Shop, even if such damages are foreseeable, and whether or not you or Pig Beach has been advised of the possibility of such damages. Pig Beach is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Pig Beach Shop or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Pig Beach further denies responsibility for, and you agree to waive, all liability and damages to you or others caused by (a) your access or use of the Pig Beach Shop inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Pig Beach Shop; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Pig Beach Shop; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability to you not disclaimed or denied by Pig Beach in relation to the Pig Beach Shop, Pig Beach Shop IP, and Pig Beach Shop Products, to your direct and documented damages; and you further agree that under no circumstances will our liability to you exceed in the aggregate the greater of the amounts paid by you to Pig Beach during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

You agree to release, indemnify, defend and hold harmless Pig Beach and its members, directors, officers, owners, agents, and employees (collectively “Pig Beach Parties,” and each individually a “Pig Beach Party”) from and against any and all claims, demands, causes of action, damages, expenses, losses, debt or liability, including without limitation attorney’s fees and costs incurred by the Pig Beach Parties arising out of, related to, or which may arise from: (i) any breach or non-compliance by you of any of these Terms of Use; (ii) your actions or omissions; (iii) or your negligence or violation or alleged violation of any applicable law, regulations, or any rights of a third party.

10. Disputes

a. Binding Arbitration: In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims (including claims related to Pig Beach Shop Products), the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Use, or the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Terms of Use, but specifically excluding any dispute principally related to either party's intellectual property (which such dispute will be resolved in litigation before the United States District Court for the Southern District of New York), will be determined by arbitration in New York, New York before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association's Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys' fees and arbitration fees and costs). Where no party's claim exceeds $25,000 (exclusive of interest, attorneys' fees and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association's Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of New York, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for the Southern District of New York to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms of Use.

Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.

b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Use will affect the right of any party to serve process in any other manner permitted by law.

c. Class Waiver: To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms of Use, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms of Use or any of the transactions contemplated between the parties.

d. Provision of an Award: Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of New York. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the "Award") to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in New York, New York. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.

e. Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms of Use, the arbitrators will award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.

f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.

g. Conflict of Rules: In the case of a conflict between the provisions of this Section 10 and the rules governing arbitration identified in Section 10.a, the provisions of this Section 10 will prevail. If any provision of these Terms of Use to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law and all the other provisions will remain valid and enforceable.

h. Limitation on Time to File Claims:  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE, THE CITGO REWARDS PROGRAM, OR A CITGO APP MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED

11. Applicable law

By using the Pig Beach Shop, you agree that the laws of the State of New York, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Pig Beach.

12. Modification and severability

We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Pig Beach Shop by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page.

13. Our address

Please direct all questions and correspondence to contact@pigbeachnyc.com