TERMS of USE

Ruben`s Americas – Terms of Use

Last Update: September 2020

Please review these Terms of Use carefully. They include a binding arbitration clause (see Section 13) requiring you and us to arbitrate our claims instead of suing in court.

  1. Introduction

Welcome to the website and applications provided by Ruben`s. These Terms of Use govern your access to and use of all Ruben`s Sites. By using the Ruben`s Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use. If you violate or do not agree to these Terms of Use, then your access to and use of Ruben`s Sites is unauthorized.

DEFINED TERMS: In these Terms of Use:

When we say “Ruben`s,” we mean rubensamericas.com and Ruben`s Americas LLC. We also refer to Ruben`s as “we,” “us” and “our.” But when we say “Ruben`s Entities,” we mean Ruben`s and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.

When we say “Ruben`s Sites,” we mean www.rubensamericas.com and all related functionality, services, and content offered by or for Ruben`s on or through www.rubensamericas.com or the systems, servers, and networks used to make Ruben`s Sites available.

When we say “you” or “your” we mean any user (like you!) of any Ruben`s Site.

When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Ruben`s on the Ruben`s Sites (and any updates by Ruben`s to these Terms of Use and those terms and policies).

A few other key terms used in these Terms of Use:

When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)

When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Ruben`s Sites.

When we say “make available,” we mean post, transmit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of Ruben`s Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with Ruben`s Sites through the tools offered by such social media platforms).

When we say “Materials,” we mean Content that Ruben`s Entities make available on or through the Ruben`s Sites, including In-Store Now information.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 13 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND RUBEN`S ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the limitations on Ruben`s liability explained in Section 11 respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Ruben`s Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. By continuing to use or access any of Ruben`s Sites after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

  1. Your Use of the Ruben`s Sites

You certify that the Content you provide on or through Ruben`s Sites is accurate and that the information you provide on or through Ruben`s Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Ruben`s is not responsible for any losses arising out of the unauthorized use of your account. You agree that Ruben`s does not have any responsibility if you lose or share access to your device.

Any agreement between you and the issuer of your credit card, debit card, or other forms of payment will continue to govern your use of such a payment method on the Ruben`s Sites. You agree that Ruben`s is not a party to any such agreement, nor is Ruben`s responsible for the content, accuracy, or unavailability of any method used for payment.

In connection with the Ruben`s Sites, you will not:

Make available any Content through or in connection with Ruben`s Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.

Make available through or in connection with Ruben`s Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

Use Ruben`s Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.

Cause injury to any person or entity.

Violate any law, rule, or regulation, or these Terms of Use.

You will not use Ruben`s Sites or Ruben`s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other forms of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing Ruben`s trademark, logo, URL, or product name without Ruben`s written consent;

You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

  1. Content and Ideas
  2. Submitting Content and Ideas

Ruben`s provides functionality that enables users to make available Content and Ideas in connection with the Ruben`s Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Ruben`s Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

  1. Ruben`s Rights to Use Content and Ideas

You grant to Ruben`s a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Ruben`s is free to use any ideas for any purpose. Ruben`s may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Ruben`s is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Ruben`s the right to use any name associated with any Content or Idea that you make available to Ruben`s, although Ruben`s has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

  1. Prohibited Content

You agree that you will not make available Content in connection with Ruben`s Sites that:

is false, fraudulent, inaccurate, or misleading;

  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortious;
  • is protected by or would infringe on the rights of others (including Ruben`s), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable;
  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Ruben`s in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Ruben`s;
  • contains or relates to chain letters or pyramid schemes;
  • impersonates another business, person, or entity, including Ruben`s, its related entities, employees, and agents;
  • violates any policy posted on the Ruben`s Sites; or
  • is intended to cause harm, damage, disable or otherwise interfere with Ruben`s Sites or our partners.
  1. Monitoring by Ruben`s

Ruben`s will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Ruben`s Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Ruben`s from time to time. Ruben`s will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Ruben`s Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Ruben`s for all claims resulting from any Content you make available.

  1. Materials Available on the Ruben`s Sites

Ruben`s and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Ruben`s Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Ruben`s Sites, we would appreciate it if you let us know by contacting us by mail at the following address: help@rubensamericas.com.

THE RUBEN`S ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

  1. Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products.

We sell products for children’s use; however, these products are intended for sale to adults.

Ruben`s has no liability to you for content on Ruben`s Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age-restricted item, you certify that you satisfy the age restrictions.

While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Ruben`s Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact Ruben`s. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return) in accordance with Ruben`s return policy.

  1. Placing an Order
  2. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your rubensamericas.com account, including on Ruben`s affiliated sites and properties which you access via your rubensamericas.com account credentials. Ruben`s participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt-out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in the cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase.

Any Order or Call-off by the Customer shall only become binding after sales order confirmation by Ruben`s. We reserve the right to refuse or cancel an order for any reason. If your order is canceled after your credit card (or another payment account) has been charged, we will issue a credit to your credit card (or another applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Ruben`s may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are orders paid for with PayPal account.

Ruben`s reserves the right, including without prior notice, to limit the number of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Ruben`s also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Ruben`s for the purpose of engaging in a commercial sale of the same product(s) to a third party.

  1. Pricing Information; Availability

The price of the goods you order will be the price on the site at the time you place your order. If a new price is in place after you have placed your order, for example, these prices will not be applied to your order.

Ruben`s cannot confirm the price or availability of an item until your order is placed. Pricing or availability errors may occur on Ruben`s Sites or through Marketplace Retailers. Ruben`s reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you. Ruben`s may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

  1. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

  1. Shipping and Delivery
  • We always aim to deliver your goods within 6 days, but we cannot accept liability if the goods are delivered later.
  • Risk in the goods will pass to you once we have delivered your order. Read all information on the product label carefully.
  • If the delivery address stated on your order is not the address where you live we will not be liable for any damage or detriment to the goods caused by their onward delivery to you.
  • We can only make a delivery to an address within the USA.
  • Our commitment is to deliver your order to your front door. There may be circumstances where this may not be possible (including but not limited to):
  • you fail to be present for your delivery during the delivery time slot;
  • where the driver believes they are at risk of injury;
  • where the driver believes any stairs to your front door are structurally unsafe; and
  • where the driver is not satisfied that the recipient of the delivery is aged 18 or over.

In such circumstances, we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.

  1. Intellectual Property

The Ruben`s Sites and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Ruben`s, and are protected by the U.S. and international trademark, copyright, and other intellectual property laws. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Ruben`s to use the Ruben`s Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner.

  1. Privacy

You acknowledge that any personal information that you provide through Ruben`s Sites will be used by Ruben`s in accordance with Ruben`s Privacy Policy (available at http://rubensamericas.com/customer-service), which may be updated by Ruben`s from time to time. If you purchase an item on Rubensamericas.com sold by a Marketplace Retailer or Ruben`s supplier, Ruben`s may share certain information with that Marketplace Retailer or supplier to permit the Marketplace Retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to Ruben`s and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See Ruben`s Privacy Policy for how Ruben`s treats your data.

  1. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, RUBEN`S WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE RUBEN`S SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A RUBEN`S ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO RUBEN`S ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE RUBEN`S SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO RUBEN`S ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE RUBEN`S SITES.

  1. Indemnification

You agree to defend (at Ruben`s option), indemnify, and hold Ruben`s Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of Ruben`s Sites or any breach by you of these Terms of Use. Ruben`s reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Ruben`s if and as requested by Ruben`s in the defense and settlement of such matter.

  1. Disputes & Arbitration; Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing Ruben`s Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Ruben`s will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND RUBEN`S, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT RUBEN`S AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the District of Columbia, without regard to conflicts of law principles.

  1. Termination

These Terms of Use are effective unless and until terminated by either you or Ruben`s. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Ruben`s Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Ruben`s Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Ruben`s, you must promptly destroy all Materials and other content downloaded or otherwise obtained from the Ruben`s Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the Ruben`s Sites,” “Content and Ideas,” “Monitoring by Ruben`s,” “Materials Available on the Ruben`s Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with Ruben`s,” “Shipping and Delivery,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Indemnification,” “Termination,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

  1. General

These Terms of Use represent the complete agreement and understanding between you and Ruben`s and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Ruben`s.

  1. How to Contact Us

If you have any questions or comments, please contact us by mail at the following address: help@rubensamericas.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

PRIVACY POLICY

Grounds for data collection 

Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter ” Personal Information “) is necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject.

When you use the Site, you consent to the collection, storage, use, disclosure, and other uses of your Personal Information as described in this Privacy Policy.

We encourage our Users to carefully read the Privacy Policy and use it to make informed decisions.

What information do we collect?

We collect two types of data and information from Users.

The first type of information is un-identified and non-identifiable information about a User(s), which may be made available or gathered via your use of the Site (“ Non-personal Information ”). We are not aware of the identity of a User from which the Non-personal Information was collected. Non-personal Information that is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time, etc.) to enhance the functionality of our Site. We may also collect information on your activity on the Site (e.g. pages viewed, online browsing, clicks, actions, etc.).

The second type of information Personal Information which is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual. Such information includes:

  • Device Information: We collect Personal Information from your device. Such information includes geolocation data, IP address, unique identifiers (e.g. MAC address and UUID), and other information that relates to your activity through the Site.
  • Buying information: When you buy products in our Store you will be asked to provide us certain details such as full name; e-mail or physical address, and other information.
User Rights

You may request to:

  1. Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information.
  2. Receive a copy of personal information you directly volunteer to us in a structured, commonly used, and machine-readable format.
  3. Request rectification of your personal information that is in our control.
  4. Request erasure of your personal information.
  5. Object to the processing of personal information by us.
  6. Request to restrict the processing of your personal information by us.
  7. Complain of a supervisory authority.

However, please note that these rights are not absolute, and may be subject to our legitimate interests and regulatory requirements.

If you wish to exercise any of the aforementioned rights or receive more information, please contact us.

Retention
We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications, and anything else as required by applicable laws and regulations. 
 
We may rectify, replenish, or remove incomplete or inaccurate information, at any time and our discretion.
Cookies
We and our trusted partners use cookies and other technologies in our related services, including when you visit our Site or access our services. 
 
A “cookie” is a small piece of information that a website assigns to your device while you are viewing a website. Cookies are very helpful and can be used for various purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences, and making the interaction between you and our Services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our Services. 
 
The Site uses the following types of cookies:
 
a. ‘session cookies’ which are stored only temporarily during a browsing session to allow normal use of the system and are deleted from your device when the browser is closed; 
 
b. ‘persistent cookies ‘ which are read-only by the Site, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example, to allow us to store your preferences for the next sign-in; 
 
c. ‘third party cookies’ which are set by other online services who run content on the page you are viewing, for example by third-party analytics companies who monitor and analyze our web access.
 
Cookies do not contain any information that personally identifies you, but Personal Information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Site may not operate properly and your online experience may be limited.
 
We also use a tool called “Google Analytics” to collect information about your use of the Site. Google Analytics collects information such as how often users access the Site, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Site and services. Google Analytics collects the IP address assigned to you on the date you visit sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.
Third-party collection of information
Our policy only addresses the use and disclosure of information we collect from you. To the extent you disclose your information to other parties or sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party that you choose to disclose information to. 
 
This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties in which we may disclose information as outlined in this Privacy Policy. 
Marketing
We may use your Personal Information, such as your name, email address, telephone number, etc. ourselves or by using our third-party subcontractors to provide you with promotional materials, concerning our services, which we believe may interest you.  
 
Out of respect to your right to privacy, we provide you with such marketing materials with means to decline to receive further marketing offers from us. If you unsubscribe we will remove your email address or telephone number from our marketing distribution lists. 
 
Please note that even if you have unsubscribed from receiving marketing emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt-out of receiving them. These may include customer service announcements or administrative notices.
Corporate transaction
We may share information in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation, or asset sale). In the event of the above, the transferee or acquiring company will assume the rights and obligations as described in this Privacy Policy.
Minors

We understand the importance of protecting children’s privacy, especially in an online environment. The Site is not designed for or directed at children. Under no circumstances shall we allow the use of our services by minors without prior consent or authorization by a parent or legal guardian. We do not knowingly collect Personal Information from minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us.

Updates or amendments to this Privacy Policy
We reserve the right to periodically amend or revise the Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy policy. The last revision will be reflected in the “Last modified” section. Your continued use of the Platform, following the notification of such amendments on our website, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.
How to contact us

If you have any general questions about the Site or the information we collect about you and how we use it, you can contact us. Find our contact details below.

DIVERSITY and INCLUSION

Ruben’s Americas is a global company with a diverse customer base. Inclusion and diversity are critical to our mission but also an integral part of who we are as we seek to live the goals we state. We strive to employ the most talented employees who will come from diverse backgrounds and perspectives.  We are an equal opportunity employer and our employees are recruited, trained, and rewarded on their capability and performance regardless of race, gender, sexual orientation, gender identity or expression, lifestyle, age, educational background, national origin, religion, or physical ability. We specifically seek to make sure gender equality is seen in management positions.

We acknowledge that diversity without inclusion is a flawed ideal. We aim to have a team that supports innovation and creativity; so, in addition to our diverse team, our employees strive to focus on inclusion. Being able to respect, connect, and encourage unique voices will allow our team, our products, and our community to better enrich itself.  Our goal is to demonstrate to our team our commitment to diversity and inclusion by showing respect for all and encouraging open collaboration and communication.