We reserve the right to modify or amend this Policy at any time with or without notice, and for any reason. Changes to this Policy shall be effective when posted the Edible Sites. In case of any material change to the Policy, we will provide notice on the Edible Sites of any update to the Policy and post the updated Policy. You are responsible for reviewing this Policy each time you use or access the Edible Sites. Your continued use of this Edible Sites are an acknowledgment and consent to any terms contained in this Policy, as it may be amended from time to time.
By visiting our Edible Sites, you acknowledge and agree that you have read this Policy and agree to the collection, use and other processing of your information in accordance with the practices described in this Policy. If you do not agree to all or any of the terms, conditions and practices set forth herein, do not access the Edible Sites or any of its pages.
This Edible Sites are intended for adult use only, and we do not knowingly collect any personally identifiable information from anyone under the age of 13.
SITE MANAGEMENT AND PRODUCTION
The Edible Sites are managed by Edible Connect, LLC, and exist for the purpose of disseminating information about Edible Arrangements, LLC, and EDIBLE® products, and to provide a mechanism for users of our Edible Sites to order our EDIBLE® products and participate in our promotional activities.
The Edible Sites are hosted, and all information that you submit through ane Edible Site is collected, stored, and processed, in the United States.
MOBILE APPLICATION USERS
· Text Messages: We distribute mobile coupons and other text messages to devices of guests who have requested this information via an opt-in request. To opt out of Edible mobile messaging, reply “stop” to text messages sent from 334253 (EDIBLE). This will opt you out of all Edible text message campaigns from 334253 (EDIBLE).
· Push Notifications: You may at any time opt out from further allowing Edible to send you push notifications by adjusting the permissions in your mobile device.
· Geo-Location: You may at any time opt out from further allowing Edible to access location data by adjusting the permissions in your mobile device.
· Uninstall the Edible Mobile Application: You can stop all further collection of information by the Edible mobile application by uninstalling the Edible mobile application. You may use the standard uninstall process available as part of your mobile device or via the mobile application marketplace or network.
· Note: If you uninstall the mobile application from your device, the Edible unique identifier associated with your device will continue to be stored. If you re-install the application on the same device, Edible will be able to re-associate this identifier to your previous transactions and activities.
· Mobile application users: The following provisions apply to users of Edible mobile applications (each, an “Application”):
· Device and Usage Information: Device and usage information will be shared with Google Analytics (Google), Apple Analytics (Apple) and Crashlytics (Fabric, a Google company) for analytics and crash reporting. Device and Usage information may also be collected by Third Party SDK’s when connecting or interacting with them.
· Users of the Apple Application: If you download and/or use our Application(s) for iPhone or iPad: These Terms & Conditions incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms & Conditions, the Application is considered the “Licensed Application” as defined in the LAEULA and Edible is considered the “Application Provider” as defined in the LAEULA. If any of these Terms & Conditions conflict with the terms of the LAEULA, these Terms & Conditions shall control.
· Mobile Service, Internet and Service Fees: The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports and Application updates from Edible, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. Edible makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
We also collect personally identifiable information in the following ways and for the following purposes:
· Orders and Purchases: If you submit an order for an EDIBLE ARRANGEMENTS, LLC, product on the Edible Sites, you will be required to submit verifiable and accurate identity and contact information, delivery and billing address, and payment information. This personally identifiable information will be used for billing purposes and to fill product orders, to send you emails and text/SMS messages about promotions if you have opted in, and may be retained for record keeping and legal purposes along with the content of your order. We utilize industry-standard Secure Sockets Layer ("SSL") technology to allow for the encryption of all product orders submitted on our Edible Sites in order to protect your credit card and other information. For additional details about our information security practices please see the SECURITY section below. If you are uncomfortable with submitting your credit card or other order information via the Internet for any reason, please feel free to contact your local Edible Arrangements, LLC, store directly.
· EDIBLE REWARDS® Program: We permit our Edible Site(s) users to register for an EDIBLE REWARDS® account for their personal use only ("Rewards Account"). Rewards Account are not permitted to be used for business orders or accounts set up through Edible For Business concierge or the Edible Corporate Gifts website portal. If you decide to register for an EDIBLE REWARDS® Account, you will be required to provide us with your name, address, email address, phone number, and to choose a password. For each Rewards Account, the Rewards Account holder will be able to set up birthday or gift reminders within their Rewards Accounts; and create address book entries for you and your recipients of the EDIBLE ARRANGEMENTS, LLC, products ordered on the Edible Sites, in-store, or through the call center. We will also collect the names, addresses, and phone numbers of those persons whom you add to your personal address book. (For additional details about our EDIBLE REWARDS® Program please visit www.edible.com/rewards.) We will use this information only for the purpose of filling product orders and other requests made through the Edible Sites, and the promotion of EDIBLE ARRANGEMENTS, LLC, products. We utilize industry-standard SSL technology to allow for the encryption of all Rewards Account registrations on our Edible Sites. For additional details about our information security practices, please see the SECURITY section below.
· Franchisee Applications: We permit our Edible Sites users who are interested in franchise opportunities with Edible Arrangements, LLC, to submit a request for general information. Our request for general information will ask you to provide some general information, including your area of interest, your name, your email address, and your phone number. One of our Franchise Development team members will then send you an email to schedule a time to discuss our franchise opportunities. If you decide to submit a franchise application, you can submit it online through the Edible website once a username and password is provided to you by us. The franchise application will require you to submit your name, your spouse’s name, your contact information, your Social Security Number, and information about your work and professional experience, your educational background, and personal and/or business finances. In addition, we will ask for permission to conduct a check regarding your credit history, work experience, and general character. If you do not consent, we will not be able to process your application. We utilize industry-standard SSL technology to allow for the encryption of all franchisee applications submitted on our Edible website. For additional details about our information security practices please see the SECURITY section below. If you are uncomfortable with submitting a franchisee application via our Edible website for any reason, please feel free to print a copy of the franchisee application and submit a completed application to your Edible Arrangements, LLC franchise representative via facsimile (number to be provided by your franchise representative) or by mail (click here for our address).
· Electronic Mail and Social Media: Edible may retain the content of any e-mail or social media posting that Edible receives, the email or social media account address from which it is sent, and our response. Content and other information in or related to emails sent by you to Edible Arrangements, LLC or postings on any of Edible social media platforms, such as Facebook and Twitter may be used as testimonials or for other marketing purposes in accordance with the Terms. Please be aware that when you receive a receipt acknowledging your email or an upload to one of our social media accounts or your submission of an order or application form, it means that the message or form has been routed into the Internet, and not that it has been received by us. We also collect information automatically using technology when you visit our Edible Sites or social media pages or when you open one of our emails. For additional details about the information we collect using technology, please see the COOKIES AND OTHER TRACKING DEVICES section.
· Promotions and Sweepstakes: From time to time, we may offer promotions or sweepstakes on our Edible Sites or through our Social Media platform accounts (“Promotion”). When you enter a Promotion, we may require the submission of all or some of the following: your name, email address, postal address, telephone number, and birth date. Additional information may be requested depending on the specific promotion, but submission of such information may be optional. We will only use this personally identifiable information for purposes of administering the Promotion in accordance with its rules. Please note, we may post the name, likeness, and other information about contest winners in accordance with the official Promotion rules (but we will not publish your email or street address information) on the Edible Sites and you hereby grant us permission to do so.
· Video messaging/e-Postcards: From time to time, we also may give you the option to send an e-Postcard to a friend, or a video message to a recipient (“e-message”). An e-message is a fun, easy way for you to electronically share images of an EDIBLE ARRANGEMENTS, LLC, product with someone else, or video gift message to a recipient. If you elect to send an e-message, you will be required to provide your name, your email address, and the recipient's name and email address. You also will be allowed to type in a brief text message or record a video message. We will use this information to transmit the e-message and/or a link to the e-message provider on the Internet on your behalf. We may use the recipient’s email address to send him or her information regarding us, our products, services, promotions, or upcoming events that we think may be of interest to the recipient. The recipient can opt-out of receiving such emails by following the instructions in any such email. When you choose to send an e-message you will be linked to a third-party provider site subject to their privacy policies and terms that may be less restrictive than ours. See Section “COOKIES, OTHER TRACKING DEVICES AND THIRD-PARTY SERVICE PROVIDERS below.
· Device Authentication/Fraud Detection: We, or a third party acting on our behalf and at our direction, may collect information about your device to authenticate your device and to protect you and us against fraud. Specifically, we may collect your Device ID, GPS logs (which includes information about your location and movement) and device info logs (which includes information about your device’s operating system, model, brand, mac address). That information will be used solely for device authentication and fraud detection purposes.
COOKIES, OTHER TRACKING DEVICES AND THIRD-PARTY SERVICE PROVIDERS
A cookie, also known as an HTTP cookie, web cookie, or browser cookie, is a small piece of data sent from an Edible Site and stored in a user's web browser while the user is browsing an Edible Site (“Cookie”). Every time the user loads an Edible Site, the browser sends the Cookie back to the server to notify the Edible Sites of the user's previous activity. Web beacons (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses (“Web beacons”). Our Edible Sites' web server automatically collects and we may use your Cookies, Web beacons, and other similar tracking technologies (collectively “Tracking Technologies”) to collect “non-personal” information as you browse our Edible Sites. Certain pages of the Edible Sites, and promotional email messages, or newsletters we send, may contain Tracking Technologies that allow us to count users who have visited those pages and to determine whether messages have been opened and acted upon.
Some of these Tracking Technologies may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Tracking Technologies may be used by these service providers to place a persistent Cookie on your computer. Doing this allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views. The use of Tracking Technologies by third party service providers is within their control and not ours. We do not control their Edible Sites or their policies and practices regarding your information and you should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements or promotions and other sites you encounter on the Internet. This Policy does not cover any use of information that a third party service provider may directly collect from you and we do not undertake to confirm, investigate, or police their practices.
We use Tracking Technologies, web server log files and tracking code, and information we receive through the use of these Tracking Technologies to analyze trends, administer the Edible Sites, track users’ movement, and gather broad demographic information for aggregate use. Information of this type may be combined with other sources of information for these purposes. Specifically, through the use of web server log files and tracking code any or all of the following information may be accessed, collected, analyzed and stored during or after your visits to our Edible Sites: the name of the domain from which you access the Internet; the date and time you access our Edible Sites; the pages that you visit on our Edible Sites and the sequence in which you visit them; the amount of time that you spend on any given page of our Edible Sites; the Internet address of a website that you visited immediately before visiting our Edible Sites; the Internet address of a website from which you linked directly to our Edible Sites, if any; the Internet address of a website that you visit immediately after leaving our Edible Sites; the type of operating system on your computer; and the type of browser that you are using to view a Edible Sites.
The practice of collecting these Tracking Technologies is a standard practice on the Internet. If you do not want us to collect your Cookies, you can set your browsers or third-party software to reject cookies. If you reject the Cookie, you may be unable to use portions of our Edible Sites that require registration, some pages of the Edible Sites might not function properly, and the Edible Sites experience will not be capable of being tailored to you from visit to visit. Please consult your web browser's Help documentation for more information about how to turn these Cookies on and off for your browser. Cookies are placed on your computer, and accordingly we neither store Cookies on our computers nor forward them to any external parties.
By visiting our Edible Sites, whether as an EDIBLE REWARDS® member or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities through use of these Tracking Technologies and that we may use Tracking Technologies in the emails we send you.
USE AND SHARING INFORMATION
· Use of Information: We use your personal information in a variety of ways, including processing EDIBLE ARRANGEMENTS, LLC product orders, sending marketing and promotional emails, text messaging, processing registration as an EDIBLE REWARDS® member, contacting you regarding the administration of your EDIBLE REWARDS® membership, Edible for Business orders, Promotions you have participated, responding to questions or other requests submitted through our Edible Sites, improving our Edible Sites, our services, and for internal business purposes, tailoring your experience on our Edible Sites, and to otherwise maintain and administer our Edible Sites. We may also use your personal information as disclosed at the time you provide such Personal Information through Promotions or as an EDIBLE REWARDS® member, or by submitting a Franchise Application, or by setting up an Edible Corporate Gifts account.
· Sharing Information: We may share your information with our independently owned franchisees, affiliates, or other third parties to perform functions or services on our behalf, to jointly offer products and services, to fulfill product orders placed on our Edible Sites, to process Edible For Business orders, and to facilitate the EDIBLE REWARDS® program. We do not sell, rent, or lease your personal information.
· Transaction Requirements: We sometimes retain the services of our independently owned franchisees and other third parties to perform functions or services on our behalf. For example, we use service providers to send emails and e-messages on our behalf; and our franchisees may create and ship the EDIBLE ARRANGEMENTS, LLC products that you order on our Edible Sites, send birthday or holiday reminders, and access your EDIBLE REWARDS® account to redeem earned rewards. To our knowledge, these companies do not retain share, store or use personally identifiable information for any secondary purposes not otherwise disclosed in this Policy. However, we do not undertake to confirm, investigate, or police their practices.
· Our Affiliates: From time to time, we may send your information to our affiliates, including Netsolace, Inc., or, if for example, we believe that they may have information about franchising or other opportunities that may be of interest to you.
· Joint Promotions: From time to time, we may join with third parties to provide specific services or products. When users sign up for these services or order these products, we will share only the names and other information that is necessary for the third parties to provide these services or products. These third parties are not permitted to use personally identifiable information except for the purpose of providing these services or products. However, we do not undertake to confirm, investigate, or police their practices.
· Business Transfers: As we continue to develop our business, we might sell or buy assets. In such transactions, user information generally is one of the transferred business assets. In the event that all or substantially all of Edible’s assets are acquired, user information may be one of the transferred assets.
· Protection of Site and Others: We may preserve and have the right to disclose any information about you or your use of this Edible Sites without your prior permission if we have a good faith belief that such action is necessary to: (i) protect and defend our rights, property or safety or that or those of our affiliates or franchisees, other users of the Edible Sites, or the public; (ii) enforce the Terms for this Edible Sites and our EDIBLE REWARDS® program; or (iii) respond to claims that any content violates the rights of third-parties. We may also disclose information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
We will share aggregated demographic information with our affiliates, franchisees, subsidiaries, and other third parties. This type of information is not linked to any personally identifiable information that can identify any individual person.
While no data transmission over the Internet is 100% secure from intrusion, we have reasonable and appropriate security measures in place to attempt to protect against the loss, misuse, and alteration of your personally identifiable information under our control. We have taken reasonable steps to confirm the information is retained in secured facilities and that reasonable measures have been implemented for protection from unauthorized access.
The Edible Sites utilizes industry-standard SSL technology to allow for the encryption of potentially sensitive information submitted to us in product orders, Rewards Account registrations and sign-ins. We conduct financial transactions via secured transmissions but may not always secure other parts of our Edible Sites. Edible uses thawte® SSL Certificates to offer secure communications by encrypting such data to and from the Edible Sites.
However, no security system is impenetrable. We cannot guarantee the security of our Edible Sites or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We ask that you do your part by maintaining any usernames and passwords you use to access the Internet or this Edible Sites strictly confidential.
WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME AND PASSWORD! If you receive such email communication, please forward it immediately to the Edible Sites’s Privacy Administrator at email@example.com and then immediately deletes the fraudulent email from your computer.
YOUR INFORMATION AND OPTING-OUT
If you do not wish to receive periodic mailings or emails, text messages, or telephone contact concerning our Edible Sites, our products and services, holiday, birthday and gift reminders, upcoming events, or your EDIBLE REWARDS® membership, you may opt-out of receiving such marketing or promotional communications by sending us a written request to the address listed below or by following the opt-out or unsubscribe instructions in the email or text you receive from us. In addition, you may deactivate your EDIBILE REWARDS™ membership by following the instructions in the EDIBLE REWARDS™ terms and conditions. You may inactivate your Edible Corporate Gifts (ECG) portal account or Edible For Business account by contacting Edible For Business concierge or following the instructions on the ECG portal. However, if you choose to opt-out of marketing or promotional communications, and/or deactivate your EDIBLE REWARDS® or ECG accounts, we reserve the right to contact you regarding your orders, technical support and any other matter that might affect our service to you, and/or your use of the Edible Sites, as applicable.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 (known as the "Shine the Light" law) requires certain businesses to respond to requests from California customers about personal information disclosed to third parties for the third parties’ direct marketing purposes. Edible does not disclose customers’ personal information to third parties for third parties’ direct marketing purposes. In the event we do so in the future, we will not disclose any of your personal information to third parties for third parties’ direct marketing purposes unless you consent at the time you provide such information.
ACCESS TO, AMENDMENT, AND DEACTIVATION OF INFORMATION
You can ask to review, correct, update, or deactivate the personal information that we maintain about you, including your EDIBLE REWARDS® member preferences or ECG account, at any time by sending a written request to the postal or email address set out below, or following the instructions in any promotional email you receive from us. We may take a reasonable period of time to respond. If you request the deactivation or change of information on our system, such information may be retained in our backup systems for a period of time subject to technology restrictions, or as a precaution against systems failures. Some information may be retained for longer periods as required by law, contract or auditing requirements.
LINKS AND USE OF SOCIAL MEDIA
We sometime use third party social media content we obtain from Twitter, Instagram, Pinterest, Facebook on our Edible Sites and our social media platforms. The privacy protections provided on these third-party social media sites are not part of our Policy and may differ from the privacy protections described in this Policy. If you upload content related to our Edible Arrangements, LLC, products on third party social media sites, that share information with the general public, user community, and/or a third-party social media Edible Sites it may be used or shared by us on our Edible Sites or our social media platforms to promote our Edible Arrangements, LLC products and services. Consequently, you should review the privacy policies of these third-party sites before using it and ensure that you understand how your content maybe used. You can adjust your privacy settings on your accounts with these third-party sites to match your preferences.
If you have any questions regarding this Policy, or want to have any personal information removed, please contact us at:
Edible Connect, LLC
980 Hammond Drive, Suite 1000
Atlanta, GA 30328 USA
Attn: Legal Department
Telephone: +1 203 774-8000