Privacy Policy

PRIVACY POLICY

Last updated May 09, 2023

This Privacy Policy provides an overview of the personal information FeliuCigars.com (“Feliu Cigars”, “we”, “our”, or “us”) collects, how we use this information, with whom we share it, and the choices you have in connection with this.

APPLICABILITY

This Privacy Policy applies to the FeliuCigars.com website at www.FeliuCigars.com(the “Website”), your communications with us, and any in-person interactions (collectively, the “Services”).

INFORMATION COLLECTION AND USE

Through your use of our Services, we collect personal information from you directly and automatically and such information affects your rights, responsibilities and obligations and governs your use of the Services as further outlined below. If you do not wish to be bound by these Terms, do not use the Services and unistall Service downloads and applications.

A. Information Collected From You

We collect personal information and you grant us the unrestricted right to the use of such information from you when you:

• Apply for employment: When you apply for employment, we will collect your identifiers(name, email address, physical address, telephone number) and your professional or employment information(resume, cover letter, employment history, education history). We used this personal information to assess and manage your application to communicate with you, and as necessary to comply with the law. For more information, please see our Applicant Privacy Notice.
• Contact us: When you contact us or chat with us through the chat function on our website, we will collect from you your identifiers (name, telephone number, email address) and any other information you choose to include in the your correspondence. We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, and address any issues you may have.
• Create an account: To create an account, we collect from you your identifiers (name, date of birth, email address) and your selected password. We use this personal information to verify your age as required by applicable law to sell you tobacco products, create and manage your account, enroll you into the rewards program, and to provide access to certain features of our Website. You are solely responsible for registration information to send you exclusive deals and promotions we feel may be of interest to you. You may unsubscribe at any time by clicking the unsubscribe link in each email.
• Make a purchase: When you make a purchase, we will collect your identifiers (name, email address, physical address) and payment information (payment card number, expiration date, and CVV). We use this personal information to process your purchase and to manage and fulfill your purchase. If you checkout as a guest, we will also use you email address to send you email regarding order confirmations, your payment for those products, and the shipping of the products. When you make a purchase, we also collect and maintain commercial information about you, such as products purchased, obtained, or considered, and purchasing and consuming tendencies.
• Make a return: To make a return, we collect from you your identifiers (name, email address, telephone number, and shipping address). We use this personal information to manage your return and refund.
• Request a catalog: If you request a catalog, we will collect from you your identifiers(name, physical address, email address) to fulfill your request and mail the catalog to you. If you elect to, we will use this personal information to send you exclusive deals and promotions we feel may be of interest to you. You may unsubscribe at any time by clicking the unsubscribe link in each email.
• Start a purchase: If you leave unpurchased items in your cart, we will also use your identifiers(email address, moblie telephone number) to send you reminders about the items(s) in your cart. We also utilize a provider that has the capability to send reminder emails to consumers who did not finish typing their email address via predictive cookies. If you do not complete your purchase, we will also use this personal information to send you abandoned cart emails.
• Subscribe to Feliu Cigar deals: If you subscribe to our newsletter, we collect from you your email address to fulfill your request to receive deals from us. You may unsubscribe at any time by clicking the unsubscribe link in each email.
• Sign up to receive text messages/sms message: If you sign up to receive text messages/sms messages from us, we will collect you your identifiers(phone number) to send you marketing messages regarding our products. You may unsubscribe to receiving these messages by replying 'STOP' at any time.

FeliuCigars.com may also use the personal information collected for the above purposes to comply with the law and for other limited circumstances as described in INFORMATION SHARING.

B. Information Collected From From Third-Party Sources

We collect personal information from the following third-party sources:

• In order to adhere to FDA regulations and for the saftey of our customers do not sell to anyone under the age of twenty-one (21). We use a third-party provider to verify that you are twenty-one (21) and over. In doing so, we receive confirmation of the identifiers(name, date of birth) you have provided to us.
• We use a third-party vendor to verify the legitimacy of purchases and for retail fraud investigative purposes. In doing so, we may receive your identifiers(name, physical address, date of birth) and protected classifications (criminal history) to facilitate the verification and/or investigation.
• We purchase marketing leads that contain identifiers(email address or physical address) to send you marketing communications we feel may be of interest to you.

C. Information Collected From Cookies

In addition to the personal information you provide, we also collect information automatically via cookies as you use the Website. This information includes the following internet and other electronic network activity information:

• Usage information: We use necessary, functional, analytics, and advertising cookies to collect information about your interaction with the Website, such as your time of visit to the Website, pages visited, actions taken, how much time you spend on each page, and frequency of access. We use this personal information to: (i) conduct analytics to improve the Website; (ii) serve interest-based online advertising and measure the effectiveness of our advertising campaigns; (iii) enhance user experience; (iv) prevent fraudulent use of the Website; and (v) diagnose and repair errors.
• Location information: We use necessary, functional, analytics, and advertising cookies to collect information about your location, which may be determined by your IP address. We use this personal information to: (i) conduct analytics to improve the Website; (ii) serve interest-based online advertising and measure the effectiveness of our advertising campaigns; (iii) enhance user experience; (iv) prevent fraudulent use of the Website; and (v) diagnose and repair errors.
• Device information: We use necessary, functional, analytics, and advertising cookies to collect certain information about the device you use to access our Website, such as browser type, browser language, hardware model, operating system, and your preferences. We use this personal information to: (i) conduct analytics to improve the Website; (ii) serve interest-based online advertising and measure the effectiveness of our advertising campaigns; (iii) enhance user experience; (iv) prevent fraudulent use of the Website; and (v) diagnose and repair errors.

To learn more about the cookies we use on our Website and how to control the information collected about you from cookies, please visit our cookie management platform. In general, to disable cookies and limit the collection and use of information through them, you can set your browser to refuse cookies or indicate when a cookie is being sent. If you change computers or browsers, use multiple computers or browsers, or delete your cookies, you may need to repeat this process for each computer and each browser. To opt-out of interest-based advertising generally or to learn more about the use of this information, you can visit the Network Advertising Initiative or the Digital Advertising Alliance.

• Google Analytics: To conduct analytics, we use Google Analytics. Google Analytics may set cookies on your browser, or read cookies that are already there. Google Analytics may also receive information about you from applications you have downloaded that partner with Google. The Google Analytics Terms of Use and Privacy Policy describe how Google may use and share the information collected by Google Analytics. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on.

INFORMATION SHARING

Best Cigar will share the personal information identified in the Privacy Policy in the following instances:

• Within FeliuCigars.com : We share your personal information within Best Cigar to efficiently carry out nd improve our business and to the extent permitted by law. We may also share your personal information with Best Cigar affiliates and subsidiaries for marketing purposes. To opt-out of sharing for marketing purposes, please visit Do Not Sell My Personal Information [click website footer "Do Not Sell My Personal Information"].
• For legal purposes: We will share your personal information where we are legally required to do so, such as in response to court orders, law enforcement or legal process, including for national security purposes; to establish, protect, or exercise our legal rights; as required to enforce our terms of use or other contracts; to defend against legal claims or demands; to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; or to comply with the requirements of any applicable law.
• With service providers: In the preceding twelve (12) months, we have disclosed your personal identifiers, payment information, and internet and other electronic network activity information to our service providers that assist us in providing our Services. These service providers include our IT support, payment processor, age verification vendor, fraud investigation vendor, rewards vendor, customer data platform, printing company, shipping provider, email vendor, customer support, and tax provider.
• With IT: In the preceding twelve (12) months, we have disclosed your <em<="" em=""> to our IT support to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, identify and repair Website errors, and to update, maintain, and improve the Website.</em
• For a sale: FeliuCigars uses certain analytics and advertising cookies on its Website. These cookies collect your internet and other electronic network activity information and share it with the data analytics and advertising partners that provide them. This use of your personal information may be considered a sale under the California Consumer Privacy Act. To opt-out of these cookies, visit our cookie management platform.

Best Cigar shares your identifiers with its subsidiaries and affiliates for marketing purposes. You can opt-out of this sharing by visiting Do Not Sell My Personal Information [click website footer “Do Not Sell My Personal Information”].

NEVADA RESIDENTS

If you are a consumer in the State of Nevada, you may request to opt-out of the current or future sale of your personal information. We do not currently sell any of your personal information under Nevada law, nor do we plan to do so in the future. However, you can submit a request to opt-out of future sales by contacting us at privacy-opt-out@feliucigars.com. Please include “Opt-Out Request Under Nevada Law” in the subject line of your message.

CALIFORNIA RESIDENTS

The California Consumer Privacy Act (CCPA) grants certain rights to California residents. If our processing of your personal information is subject to the CCPA, please see our California Privacy Rights page.

CORRECT OR VIEW YOUR PERSONAL INFORMATION

You may access your Best Cigar account to correct or view certain personal information of yours in our possession and which is associated with your account.

MARKETING EMAILS

You may opt-out of receiving marketing emails from FeliuCigars by clicking the “unsubscribe” link provided with each email. Please note that FeliuCigars will continue to send you emails necessary to the Services, your account, your purchase, or any assistance you request.

MARKETING SMS/TEXT MESSAGES

You may opt- out of receiving marketing SMS/Text messaging from FeliuCigars by responding 'STOP' to any communication at any time. Please note that Best Cigar to continue to send you SMS/Text messages necarry to the Services, your account, your purchase, or any assistance you request.

DO NOT TRACK

We do not support Do Not Track (DNT). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

INFORMATION SECURITY

We implement and maintain reasonable security measures, such as encryption and access controls, to protect the personal information we collect and maintain. However, no security measure or modality of data transmission over the Internet is 100% secure and we are unable to guarantee the absolute security of the information we have collected from you.

AGE RESTRICTION

The Services are not intended for individuals under the age of twenty-one (21). If we learn we have collected or received personal information from an individual under twenty-one (21) years of age, we will delete that information. If you believe we might have any information from an individual under twenty-one (21) years of age, please contact us at privacy-opt-out@feliucigars.com.

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. We will post the changes to this page and will indicate the date the changes go into effect. We encourage you to review our Privacy Policy to stay informed. If we make changes that materially affect your privacy rights, we will notify you with a prominent post on our Website and obtain your consent, if required.

ARBITRATION AND DIPUTE TERMS:

Forum Selection/Jurisdiction.

Jurisdiction and venue for any controversy, allegation or claim arising of the Services or these Terms (collectively, “Dispute”) shall take place before the Luzerne County Court of Common Pleas or the United States District Court for the Middle District of Pennsylvania in Scranton, Pennsylvania. Each Party submits to the personal jurisdiction and venue in Pennsylvania for any and all purposes.

Pre-Arbitration Notification.

Company and you agree that it would be advantageous to attempt to resolve any Disputes before the commencement of any formal proceedings, except in the case of a breach of our intellectual property rights. In such event, the party making a claim shall send a letter to the other party briefly outlining the claim and the request for relief. Claims presented against us shall be provided in the form of a letter mailed to our offices located at 1 Hillside Drive, Drums, Pennsylvania 18222 (Attn: _______ Department). If the Dispute is not resolved withing sixty (60) days after notification, the claimant may proceed to initiate proceedings as described below.

ARBITRATION OF CLAIMS:

A. Forums for Arbitration

Unless you give us notice of opt-out within five (5) business days of your first use of the Service, addressed to: feliucigars@gmail.com, and upon expiration of the applicable sixty (60)-day period and to the fullest extent not prohibited by applicable law, all Disputes shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Luzerne County, Pennsylvania, before a single arbitrator. If the matter in dispute is between Company and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates' lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Luzerne County, Pennsylvania, or, if sought by Company, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator's decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the Luzerne County Court of Common Pleas or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

B. Nature, Limitations, and Location of Alternative Dispute Resolution.

In arbitration, as with a court, the arbitrator must honor the terms of these Terms (and any Additional Terms) and can award the prevailing party damages and other relief. HOWEVER, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Company to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Company will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator's decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act. This arbitration provision shall survive termination of these Terms or the Service.

Governing Law.

These Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Company or by Company against you pursuant to this Section 9, or otherwise related to the Service, Content, Company Licensed Elements, UGC or other Company products or services, will be governed by, construed, and resolved in accordance with, the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 8 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Company agree that we intend that this Section 8 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 8 can only be amended by mutual agreement. Either party may seek enforcement of this Section 8 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.

A. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

To the fullest extent permissible by applicable law, Company and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, Company Licensed Elements, UGC or other Company products or services, except as set forth in subsection C, below.

B. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

C. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY COMPANY PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY COMPANY PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) COMPANY PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY COMPANY PARTIES TO THE EXTENT NOT WAIVABLE OR THAT CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST COMPANY PARTIES THAT IS NOT WAIVABLE OR THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY COMPANY PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY COMPANY PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) COMPANY PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY COMPANY PARTIES TO THE EXTENT NOT WAIVABLE OR THAT CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST COMPANY PARTIES THAT IS NOT WAIVABLE OR THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

A. AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, Company Licensed Elements, UGC or other Company products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Company.

B. Indemnity.

As permitted by applicable law, you agree to, and you hereby, defend (if requested by Company), indemnify, and hold Company Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Company Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Company Parties' use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Company Parties, in the defense of any Claim and Losses. Notwithstanding the foregoing, Company Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Company Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Company Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

CONTACT

If you have any questions about this Privacy Policy, please contact us at privacy@feliucigars.com

What Personal Information We Collect

What Personal Information We Disclose

FeliuCigars.com does not sell your personal information for money, but it does disclose certain personal information to certain third parties.