1. About The Privacy Policy

The present Privacy Policy is binding to every person from the moment they access the website: andrea.com (“The Website”) and/or ANDREA MOBILE app, and provide the information required in the website to buy the products offered. Accordingly to the aforementioned, the Customers provide their consent to this Privacy Policy and the treating of their information in the way here described once they access The Website, create an account, order products or any other way sharing information.

This Policy is a legal agreement between the users and costumers and Andrea USA Oeste, LLC. a United States company, with its main offices located in 7603 Saint Andrews Ave, Suite AD 1 / 2 E, San Diego, CA. 92154.

Whenever referred in the present Policy the word “Andrea” “us” and “we”, all of them reference to Andrea USA Oeste LLC.

Once the costumer accesses The Website or downloads the app, they fully agree to comply with the present Policy and give their consent to everything included in the present Policy. If the User does not agree with the present Policy or any further update of the present, then they must not access The Website and cease completely the using of The Website, in the understanding that if the uses continue using and accessing The Website regularly and using the features this Platform provide, they agree fully on the present Policy and any further update. If the user desires to withdraw their consent to the Policy, they must cease completely using The Website and if desired, delete their account created for purchasing products through the Website.

The User agrees that they are 13 years old or more to access and use The Platform and if the User is between 13 years old and 18 years old, they accept that their legal guardian has reviewed this Policy and gives full consent on the information the minor is providing and for the using and access of The Platform.

If the User is accessing The Platform from a different jurisdiction than the United States of America, this Policy are binding in everything as if they are being accessed form the United States of America. In case of any dispute between the foreign user and this Policy and/or Andrea, the user agrees and complies that such dispute must be solved by the International Arbitration Centre as a first instance.

The present Policy are always available for the Users in the website andrea.com.

2. Users Account

The app is available for download in any of the following platforms, Apple App Store, Google Play Store, Amazon App Store or Windows Phone Store. Every User that wants to access and/or purchase any products or goods via the Website, they must create an account, completing all the steps required by The Platform to create the account and providing the information it requires from the User, the information received by us from the User by creating the account will be protected as stated in the Privacy Policy https://en.andrea.com/privacy-notice also available in The Platforms.

The User is solely responsible for their account, their email or User's name and the password used because of the personal information given via the account. If the User agrees to transfer their account or provide their account access to any third person, we assume the person login in or using the account and the services provided via The Platforms is the User, so we are not responsible for any actions taken by the third person using the account, this being agreed or not by the User. If the Users account is accessed by any third person, agreed by the User or not, and we suffer any harm or loss, the User is forced to compensate for the losses or harm caused.

We are not responsible for any loss, harm or information stolen from the Users account if they fail to keep their login information secret, we have the most advanced data protection and hacking firewalls to prevent any harm to our Users, but if any account is accessed because the User gave its login information or was unable to secure such information and this causes any loss or harm in their accounts or person we will not be responsible for such scenario.

If the User deletes it's account or we delete the account based on the established in the present Policy, the User will loose access to any information or data contained in the account.

2.1 Children

The User agrees that they are 13 years old or more to access and use The Platform and if the User is between 13 years old and 18 years old, they accept that their legal guardian has reviewed this Policy and gives full consent on the information the minor is providing and for the using and access of The Platform.

We do not knowingly ask for personal information of anyone under the age of 13 (a "child"). If a child gives us personal information and we know that the person providing the information is a child, we will not use it for any purpose. We will implement all commercially reasonable efforts to remove the information as soon as we discover it and will not disclose it to third parties. If you become aware that a child has provided personal information to our site, please e-mail us at privacy@grupoandrea.com or call Customer Service toll-free at 1-877-263-7320. Additionally, please use this same process to request the removal of content or information that was posted on our site when the registered user was under 18. Please note that these requests cannot ensure the complete or exhaustive removal of the content or information, for example, some of the content may have been forwarded by another user.

While Andrea's policy prohibits children under the age of 13 from registering on our site, parents must monitor their children's online activities and consider the use of parental control tools available through online services and software vendors. They help to provide a friendly online environment for children. These tools can also prevent children from revealing their name, address and other personal information online without parental permission.

The above mentioned is according to the Children's Online Privacy Protection Act (“COPPA”)

3. Information we collect

Based on the aforementioned regarding the client's account, the information we gather and collect from them is solely for sales and improving the website and services provided and such information will be secured and only used for commercial purposes. The information required from the customers is the following:

  1. Full name
  2. Marital status
  3. Date of birth
  4. Social Security Number
  5. Full delivery address (zip code, state, country, city or municipality, neighborhood, town, street name, street number)
  6. Email
  7. Clothing and shoe sizes

The customer accepts and acknowledges that the information given in their account is true and corresponds to them and the delivery information where they intend to receive the merchandise acquired. In case the customer provides fake information such as personal information or delivery information and because of this, the products can't be delivered correctly, Andrea is not responsible for this, and the customer accepts that there will not be reimbursement for a package that was not delivered because of false information given by the customer.

Andrea may verify the information given by the customers with any third party or through any public entity that provides such information, the customer authorizes Andrea to use their personal information for verifying purposes. The verification mentioned here must not be interpreted as a discriminatory act in any way, it is solely intended for security and commercial enhancement.

Andrea has the authority and authorization from the customer derived from the present Privacy Notice to verify the information with several protocols that may or may not include third parties or government institutions in order to determine if the user's account may be a fraud or there might be any fraudulent activity and harm Andrea and/or any other customer or third party. In the event that Andrea verifies the user's information and determines it is not true or determines it might be subject of fraudulent activity, Andrea will have the authority to block that user's account and do not provide any further services, do not sell any more products and even notify the corresponding authorities of any possible illegal activity by the users. If such user has already filled and paid the products, Andrea may or may not reimburse the money depending on the situation, if determined the information given by the customer is false and/or suspicious.

We do not knowingly collect any personal sensible information from the customers.

4. Purposes of obtaining personal information

Andrea agrees and acknowledges that it will use the personal information of the customer, exclusively for the following primary purposes:

a. To contact him/her by telephone, social media, ANDREA MOBILE app, email, text messages, messaging applications (WhatsApp, Line, Telegram, WeChat, etc.) and through the profile that he/she generates on the website www.andrea.com to attend and monitor requests for services and / or products, as well as to put him/her in contact with Andrea's Independent Representatives.

b. To identify THE FINAL CONSUMER when purchasing products sold by Andrea.

c. The customer authorizes Andrea to record all call made to them. Andrea will use them to identify the final consumer in all calls made to Andrea's Contact Center, in order to offer the products and/or services Andrea sells, in an appropriate manner.

d. To develop electronic invoicing and credit notes arising from purchases of products sold by Andrea.

e. For security reasons and to prevent fraud, in the payments made through credit and/or debit cards, to identify the Holder and the information of said credit and/or debit card.

f. To carry out transactions with credit institutions, arising as a result of business operations.

g. To ship products sold by ANDREA when shipping is requested.

h. To generate records in Andrea's final consumer database to be preserved for the duration of the business relationship, and during the next 10 (ten) following years.

i. To be contacted by an Independent Representative who sells ANDREA products, in order to get orders, obtain payment and deliver products, and in general for trading ANDREA products

Andrea may process the final consumer’s personal information for the following secondary purposes without infringement of the CAN-SPAM Act of the United States:

a. To send greetings on special dates.

b. To send multicarrier mass messages to cell phones, e-mails, via text messaging and/or through messaging applications (WhatsApp, Line, Telegram, WeChat, etc.) through third parties.

c. To report changes or new products related to the requested services.

d. To send advertising or marketing messages regarding products or services offered by Andrea.

e. To asses the quality of the services or products offered by Andrea.

f. To send invitations on behalf of Andrea's representatives in order to be registered for the services offered by Andrea or in order to purchase Andrea products.

g. To get your feedback in general through our website www.andrea.com and/or us.andrea.com.

The Platforms are completely enabled for people with visual and/or any other impairments so any screen reading program used from the customers will work, the aforementioned in accordance to the American with Disabilities Act, specifically to the Web Accessibility. In case a disabled customer is unable to access and correctly use the Platforms due to a lack of enabling for this matter, they comply to submit a formal request to Andrea for them to solve such problem, before recurring to any judicial instances.

5. Limitation and/or Request of Deletion

In case the customer doesn't want their information used for the secondary purposes mentioned before, they must submit a request to Andrea for them to delete their account from the data base for this purposes only, their information will still be kept for all the other purposes mentioned, the request must be submitted to the email privacidad@grupoandrea.com indicating the purposes of their information being deleted and requesting that they delete them for the secondary purposes.

Andrea will also send their customers regular mobile text messages for alerts and notices. To stop the messages from Andrea, you must reply the word “STOP” to the initial text message. In case the customer can't stop the messages by texting the word mentioned before, they must email the word “HELP” to privacidad@grupoandrea.com. The customers will receive and approximate of 4 text messages a month. Standard messages and data rates from your mobile carrier may apply.

Andrea will keep and store in physical and/or electronic basis all their information for a period of ten years, unless a customer requests for their information to be destroyed before, after that, the information will be destroyed completely.

In case the customer detects some of the information provided is wrong and wishes to modify it, they must send an email to privacidad@grupoandrea.com.

The parties agree that in the collection and processing of personal information from the final consumer, Andrea will observe and comply with the principles of legality, consent, information, quality, purpose, loyalty, proportionality and accountability.

The customer has the right to request Andrea the deletion of their information from their data base, nevertheless Andrea is not required to comply with such request if it is necessary for Andrea to retain such information in order to:

a. The customer´s order is still in process and the products have not been delivered.

b. If fraudulent activity has been detected or we suspect there might be any security incidents with the information provided.

c. fix technical and electronic bugs and problems, to enhance the security of the information.

d. To comply with any legal obligation that Andrea may have regarding the information.

6. Third Party Sharing Information

Regarding the operations of Andrea and the collaboration of the company with different third parties for various operational reasons.

The customer accepts and authorizes Andrea to share their information with different third parties in order to safely processing payments, safeguard the information and deliver the products acquired, and/or any other third party Andrea considers necessary sharing the information to.
The customer also accepts and authorizes Andrea to share their information with any subsidiary of Andrea, employees, employers or any other subsidiary third party.

7. Cookies and Web Beacons

Andrea acknowledges that The Website may use cookies in connection with certain features or functions. Cookies are specific types of information that a website transfers to the hard drive of the computer of the user in order to keep records. Cookies can be used to facilitate the use of a website, saving passwords and preferences while the Holder surfs the web.

The Website uses cookies to obtain or store personally identifiable information from the user’s computer that was not originally sent as part of the cookie.

The Web Beacons are embedded images in a web page or email, which can be used to monitor the behavior of a visitor and store information about his/her IP address, the duration of interaction on that page and the type of browser used, among others.

Although most browsers accept cookies and Web Beacons automatically, the user can set his/her browser not to accept them.

To disable the cookies; follow the steps provided in these links:

a. Internet Explorer:
http://support.microsoft.com/kb/283185

b. Firefox:
http://support.mozilla.org/es/kb/Habilitar y deshabilitar cookies?s=deshabilitar cookies&r=0&e=es&as=s;

c. Opera:
http://help.opera.com/Windows/11.60/en/cookies.html;

d. Safari Ipad:
http://manuals.info.apple.com/en_US/iPad_iOS4_User_Guide.pdf;

e. Safari Iphone:
http://manuals.info.apple.com/en_US/iPhone_iOS3.1_User_Guide.pdf;

f. Chrome:
http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647

8. California Residents

According to California's Shine the Light Law, if you're a California resident, you can ask us in writing to inform you about how we've shared your information with third parties for their direct marketing efforts in the previous year. Upon receiving your written request, we are permitted to furnish you with a notice that explains the no-cost methods for opting out of the sharing of your information with third parties who aren't affiliated under the same brand, if these third parties intend to use your information for their direct marketing campaigns. Kindly allow us a period of thirty (30) days to provide you with a form that enables you to opt out of third-party direct marketing. This form will allow you to request that your personal information not be revealed to third parties for the purpose of their direct marketing. If you wish to exercise these privileges, please send your written request to the email or physical address provided below, making sure to include your mailing address in your request: privacidad@grupoandrea.com

9. Colorado Residents

If you reside in Colorado and your personal information is subject to the Colorado Privacy Act (CPA), in order to make use of your rights, you need to submit a consumer request. This request will then be validated by comparing the personal information we possess about you with the information we will request while handling your inquiry. The rights explained in the "State-Specific Privacy Rights" section can only be exercised by you if the relevant laws grant you these rights and if no exceptions or exemptions are applicable. It's also possible for you to designate an authorized agent (only if allowed by applicable law) to act on your behalf. However, we retain the right to verify the authority of such an authorized agent, as explained in the "Identity Verification" part of our Privacy Policy.

10. Do Not Track

Do Not Track (DNT) is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites you encounter and other web services you encounter while browsing, to stop tracking the activity. Currently, DNT technology is not yet universally implemented and not all browsers support it. Therefore, ANDREA does not detect the DNT signals. Instead, if a DNT signal is not detected, the disclosure practices and information collection and the options ANDREA offers will continue to apply as described in this Privacy Notice. For more information about DNT, go to http://donottrack.us/.

11. Jurisdiction and Applicable Law

The present Privacy Notice is applicable in the United States of America and governed by the applicable laws of the United States of America. In case any customer accesses the Platforms from any country outside the United States of America, they accept and acknowledge they will be governed by the laws of the United States of America.