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Privacy Policy & Terms & Conditions

Privacy Policy

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At El Kiosko Frutas y Helados, we respect your privacy and are committed to protecting the personal information you share with us through our website, mobile applications, and other digital services (collectively, the “Services”). This Privacy Policy explains what information we collect, how we use it, and your rights regarding your personal data.

1. Information We Collect
  • Personal Information: name, email address, phone number, billing and payment details, shipping/delivery address, and account login credentials (if applicable).
  • Device & Technical Information: IP address, browser type, operating system, geolocation data, device identifiers, and online activity (cookies, browsing data, etc.).
  • Order Information: products purchased, transaction history, delivery instructions.
  • User-Generated Content: reviews, photos, testimonials, or communications submitted by you.
  • We do not intentionally collect sensitive personal data (such as health, biometric, or financial data beyond payment processing).
2. How We Use Your Information
  • Processing and fulfilling orders.
  • Improving and personalizing our products, services, and website.
  • Communicating promotions, offers, and updates (you may opt-out at any time).
  • Providing customer support and resolving inquiries.
  • Fraud detection, account security, and legal compliance.
  • Analytics, advertising, and marketing (e.g., Google Analytics, Facebook Pixel, or similar).
3. Sharing of Information
  • We do not sell or rent your personal information. We may share information with:
  • Service providers and business partners who help us operate (e.g., payment processors, IT hosting, delivery services, marketing platforms).
  • Government authorities when required by law, regulation, or legal process.
  • Successors in business transfers in case of a merger, acquisition, or sale of assets.
4. Cookies & Tracking
  • We use cookies and similar technologies to:
  • Ensure basic website functionality.
  • Analyze traffic and usage trends.
  • Personalize content and advertising.
  • Users in the EU/EEA or UK will be prompted to provide consent for non-essential cookies in compliance with GDPR.
5. Data Retention
  • We retain your personal data only as long as necessary for the purposes outlined in this Policy, including legal, tax, and business obligations.
6. User Rights
  • Access, update, or correct your personal information.
  • Request deletion (‘right to be forgotten’).
  • Withdraw consent or opt-out of marketing.
  • Request data portability.
  • Restrict or object to processing.
  • California residents may also request that we not ‘sell’ or ‘share’ personal data under the CCPA.
  • EU/UK residents may lodge complaints with their local data protection authority under the GDPR.
  • Requests can be submitted at: [insert privacy contact email]
7. Children’s Privacy
  • Our Services are not directed to children under 13. We do not knowingly collect personal data from children. If we learn that a child has provided personal information, we will delete it immediately.
8. Security
  • We use physical, electronic, and administrative safeguards to protect personal information. However, no system is 100% secure, and we cannot guarantee absolute security.
9. Policy Updates
  • We may update this Privacy Policy from time to time. Any changes will be posted on our website with the updated ‘last revised’ date.

Terms & Conditions

Last updated:
By accessing or using the website www.elkioskofrutasyhelados.com (the ‘Site’) and our Services, you agree to be bound by the following Terms & Conditions.

1. Website Use

You agree not to:

  • Use the Site for unlawful, harmful, or fraudulent purposes.
  • Disrupt, interfere with, or attempt unauthorized access to our systems.
  • Copy, scrape, or exploit content without permission.
2. Intellectual Property
  • All trademarks, logos, graphics, images, and content are the property of El Kiosko Frutas y Helados and protected under intellectual property laws.
  • You may not use our trademarks or materials without prior written consent.
  • By submitting reviews, photos, or testimonials, you grant us a non-exclusive, royalty-free license to use such content for marketing and promotional purposes.
  • Copyright takedown requests (DMCA notices) may be submitted to [insert email].
3. Orders, Payments & Refunds
  • All orders are subject to product availability.
  • Prices may change without prior notice.
  • Payments must be completed using the methods provided on the Site.
  • Refunds or cancellations will follow our Refund & Return Policy [link if available].
  • Sales tax, delivery fees, and other applicable charges will be added as required.
4. Food Safety & Disclaimer
  • Our products may contain or come into contact with allergens (e.g., milk, nuts, gluten, soy). It is the customer’s responsibility to review ingredient information.
  • El Kiosko Frutas y Helados is not liable for allergic reactions, health conditions, or issues caused by improper storage or handling after purchase.
5. Limitation of Liability

To the maximum extent permitted by law:

  • El Kiosko Frutas y Helados is not responsible for any indirect, incidental, or consequential damages arising from use of our Services.
  • Our liability for any claim is limited to the total amount paid for the order in question.
  • We are not responsible for delays, errors, or damages caused by third-party delivery services.
6. Dispute Resolution
  • Any disputes shall first be attempted through good-faith negotiation. If unresolved, disputes will be submitted to binding arbitration in Harris County, Texas, USA, under the rules of the American Arbitration Association (AAA).
7. Governing Law
  • These Terms shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to conflict of law principles.

All of our products are handcrafted in a facility that also processes milk, tree nuts, peanuts, and wheat. While we take every precaution to prevent cross-contact and cross-contamination, we cannot guarantee that any product is completely free of these allergens. Our facilities operate under the supervision of the Texas Department of State Health Services (DSHS) and follow HACCP-based food safety plans, Good Manufacturing Practices (GMPs), and all applicable food codes. Customers with severe allergies should use discretion when consuming our products.

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