Privacy Policy
Updated: December 29, 2022
This Privacy Policy (the “Policy”)
describes how Edible Arrangements, LLC and its family of companies, which
includes subsidiaries and affiliates (collectively, “COMPANY,” “we,”
“us” or “our”) collect, use, and share personal information. It
applies to information collected by or submitted to us through our websites,
mobile applications, and other websites that are otherwise owned, operated, or
controlled by COMPANY and where this Policy is posted (individually and
collectively referred to as the “Sites”).
For a printable version of this
Policy, please click here.
This Policy is subject to and
made a part of the COMPANY Terms of Use (“Terms”), which are
incorporated into this Policy by reference.
We reserve the right to modify
or amend this Policy at any time and for any reason. Changes to this Policy
shall be effective when posted to the Sites. In case of any material change to
the Policy, we will notify you by providing prominent notice on the Sites or by
using the contact information you have on file with us. We will also revise the
“Updated” date at the top of this Policy. You are responsible for reviewing
this Policy each time you use or access the Sites. Your continued use of the
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 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 Sites or
any of its pages.
The Sites are intended for adult
use only, and we do not knowingly collect any personal information from a
minor. If you learn that a child has, in violation of this Policy, provided
their personal information, please report it to us for deletion here.
In the event that we learn that a child has provided us with personal
information, we will delete it.
NOTICE AT COLLECTION
We may collect or process various
categories of personal information. The section directly below titled “Personal
Information We Collect, Use, and Share” contains information on the categories
of personal information collected and/or whether we sell or share personal
information. As an overview, we collect identifiers, personal information
categories contained in customer records, characteristics of protected
classifications, commercial information, professional or employment-related
information, education information, internet, technical, or other similar electronic
network activity information, sensitive personal information, and inferences
drawn from other personal information. We retain the information for as long as
needed to meet the purpose for processing and in accordance with this Policy.
If you have a request regarding
your information and would like to exercise your rights under applicable law,
please contact us through the methods provided in the “Your Privacy Rights”
section below. To exercise your right to ask that we do
not sell, share, or use your personal information for targeted advertising,
please click the “Your Privacy Choices” link here
or call 1-833-950-0010. We only use sensitive personal information to perform services on behalf of the business, and
therefore we do not offer the right to limit the use or disclosure of your
sensitive personal information.
PERSONAL INFORMATION WE
COLLECT, USE, AND SHARE
We gather information about
individuals when they submit comments, questions or requests for information to
us on the Sites. We use information we receive to operate and improve the
content of the Sites, and to provide the product(s), service(s) or information,
or carry out the transaction(s) that you have requested or authorized. We may
share parts of the information we gather on our Sites or otherwise maintain
such information with our affiliates, franchisees, and service providers.
For purposes of this Policy, “personal
information” is information that identifies, relates to, describes, is capable
of being associated with, or could reasonably be linked, directly or
indirectly, with a particular individual, device, or household. Below, we
describe how we will handle your personal information in accordance with this
Policy and describe the information we may have collected in the past 12 months
below, how it may be used, shared, and the sources.
· Identifiers,
which may include name, address, online identifier or username, account log-in,
Internet Protocol address, photograph, or email address. These are sourced
directly from you or indirectly from you (e.g., from observing your actions on
the Sites). They are used to fulfill or meet the reason you provided the
information, to contact you in relation to our Sites, to respond to an inquiry,
for product and service improvement, to screen for potential risk or fraud, to
provide the products and services that you have ordered or requested, to
process and ship orders, to send order and shipping confirmations, to provide
customer service, or marketing. For example, when you create an account, you
provide your first and last name, email address, and other identifying
information. Also, when you place an order, you provide contact and shipping
information. We may sell, share, and disclose this
information for business purposes such as analyzing and
improving products and operations, securing and protecting our business, and
corporate governance and internal operations. We may disclose this information
for commercial purposes such as providing support and products, providing the
features and services you request, personalizing content and experiences, and
for advertising, marketing, and professional purposes. We disclose this
information to internet service providers, administrative service
providers, franchisees, and payment processors. We
retain identifiers for as long as needed to meet the purpose for processing and
in accordance with this Policy.
· Personal
information categories contained in customer records, which may include
name, address, telephone number, bank account number, credit card number, debit
card number, or any other payment and financial information. We source this
information directly from you. We use this information to fulfill or meet the
reason you provided the information, to contact you in relation to our Sites,
to respond to an inquiry, to screen for potential risk or fraud, to provide the
products and services that you have ordered or requested, to process and ship
orders, to send order and shipping confirmations, to provide customer service,
or marketing. For example, we need your payment information when you purchase
products from us. We do not sell this information. We may share and disclose
this information for business purposes such as
analyzing and improving products and operations, securing and protecting our
business, and corporate governance and internal operations. We may disclose
this information for commercial purposes such as providing support and
products, providing the features and services you request, personalizing
content and experiences, and for advertising, marketing, and professional
purposes. We disclose this information to internet service providers,
administrative service providers, franchisees, and payment processors. We
retain this information for as long as needed to meet the purpose for
processing and in accordance with this Policy.
· Characteristics
of protected classifications, such as age or gender. We source this
information directly from you. We use this information to fulfill or meet the
reason you provided the information, marketing, or to provide relevant
services. For example, we may use this information for targeted advertising. We
do not sell this information. We share and disclose this information for
business purposes such as analyzing and improving
products and operations, securing and protecting our business, and corporate
governance and internal operations. We may disclose this information for
commercial purposes such as providing support and products, providing the
features, products, and services you request, personalizing content and
experiences, and for advertising, marketing, and professional purposes. We
disclose this information to administrative service providers, data
analytics providers, and third party service providers. We
retain this information for as long as needed to meet the purpose for
processing and in accordance with this Policy. Please see our COOKIES,
OTHER TRACKING DEVICES AND TARGETED ADVERTISING section below for more
information.
· Commercial
information, which may include records of services purchased, obtained,
considered, or other purchasing or consuming histories or tendencies such as
billing and shipping information and other information about your transactions
with us. We source this information directly from you. We use this information
to fulfill or meet the reason you provided the information, to contact you in
relation to our Sites, to screen for potential risk or fraud, to respond to
inquiries, to provide the products and services that you have ordered or
requested, to process and ship orders, to send order and shipping
confirmations, to provide customer service, or marketing. For example, we keep
track of your purchases to create a purchase history. We do not sell this
information. We may share and disclose this information for business purposes such as analyzing and improving products and operations,
securing and protecting our business, and corporate governance and internal
operations. We may disclose this information for commercial purposes such as
providing support and products, providing the features and services you
request, personalizing content and experiences, and for advertising, marketing,
and professional purposes. We disclose this information to internet service
providers, administrative service providers, franchisees, and payment
processors. We retain this information for as long as needed to meet the
purpose for processing and in accordance with this Policy.
· Professional
or employment-related information, such as employment history or
professional certifications. We source this information directly from you. We
use this information to fulfill or meet the reason you provided the information
or to process an employment application. For example, when you apply for a job
with us or request information about becoming a franchisee, we ask for your
relevant employment history. We do not sell or share this information. We
disclose this information for business purposes such as securing and protecting
our business, and corporate governance and internal operations. We disclose
this information to service providers, such as background check providers and
human resource administrative service providers. We retain this information for
as long as needed to meet the purpose for processing and in accordance with
this Policy.
· Education
information, such as level of education completed or academic performance.
We source this information directly from you. We use this information to
fulfill or meet the reason you provided the information or to process an
employment application. For example, when you apply for a job with us or
register to be a franchisee, we ask for your education information. We do not
sell or share this information. We disclose this information for business
purposes such as analyzing and improving products and operations, securing and
protecting our business, and corporate governance and internal operations. We
may disclose this information for commercial purposes such as providing support
and products, providing the features, products, and services you request,
personalizing content and experiences, and for advertising, marketing, and
professional purposes. We disclose this information to service providers, such
as background check providers and human resource administrative service
providers. We retain this information for as long as needed to meet the purpose
for processing and in accordance with this Policy.
· Internet,
technical or other similar network activity, which may include usage and
browsing history; IP address; device information, including device properties;
search history; information on your interaction with our Sites; and error logs.
We source this information directly or indirectly from you (e.g., from
observing your actions on our Sites). We use this information to fulfill or
meet the reason you provided the information, to screen for potential risk or
fraud, or to improve our Sites. We sell, share, and disclose this information
for business purposes such as analyzing and improving products and operations,
securing and protecting our business, and corporate governance and internal
operations. We may disclose this information for commercial purposes such as
providing support and products, providing the features and services you
request, personalizing content and experiences, and for advertising, marketing,
and professional purposes. We disclose this information to administrative
service providers, data analytics providers, third party service providers, and
internet service providers We retain this information
for as long as needed to meet the purpose for processing and in accordance with
this Policy. Please see our COOKIES, OTHER TRACKING DEVICES AND TARGETED
ADVERTISING section below for more information.
· Sensitive
personal information. We collect sensitive personal information such as
account log-in information, precise geolocation information, and content from
your mobile device such as those set forth under the “Mobile Application Users”
section below. We get sensitive personal information directly from you,
indirectly from you (e.g., if you allow location services), and/or from third
parties like social media platforms. We use this to provide and improve the
features, products and services you request; for registration, contests,
promotions; to provide personalized content, information, and to send you
brochures, coupons, samples, offers and other information on our products or
those of our family of companies; when we perform our duty in contract with
you; and/or to deliver relevant advertising. We may use push notifications on
the mobile application to send you alerts. We do not sell or share this
information. This information is disclosed for business purposes to perform
services on behalf of the business. It is disclosed among affiliates of Edible
Arrangements, with administrative service providers and other third party
service providers. We retain this only as long as needed to perform services on
behalf of the business.
· Inferences
drawn from other personal information, which may include a profile
reflecting a person’s preferences, interests, characteristics, psychological
trends, predispositions, behavior, attitudes, intelligence, abilities, and
aptitudes. We source this information directly or indirectly from you, (e.g.,
from observing your actions on our Sites). We use this information to fulfill
or meet the reason you provided the information or for marketing. We do not sell,
share, or disclose this information to third parties. We retain this
information for as long as needed to meet the purpose for processing and in
accordance with this Policy.
Your decision to provide any
personal information is voluntary. However, please note that, if you do not
provide certain personal information, we may not be able to accomplish some
purposes outlined in this Policy and you may not be able to use or access
certain services on our Sites.
We collect the following
specific pieces of personal information:
· Personal
contact details. This includes information like names, addresses, telephone
numbers, or email addresses. For example, when you provide contact details
during online registration, when doing business with us, or when providing
purchasing products from us. Some Sites allow you to establish a username and
password to set up an account.
· Information
about your transactions with us. For example, your purchase history, and
billing and shipping information, and other information about your use of our
products or services.
· Photographs.
While photographs taken in connection with deliveries are not intended to
include images of people or to identify any person though, from time to time,
an individual will appear in a delivery photograph.
· Payment
information. This includes information from your credit or debit card,
online payment account, or other payment options.
· Unique
customer and commercial information. For example, usernames and other login
credentials.
· Demographic
information. For example, data such as age, gender, hobby or activities,
taste or preferences.
· Data
for agreements with customers or vendors. This includes the assessment and
acceptance of a customer, franchisee or vendor. For example, we collect credit
status or information publicly available on sanctions or watch lists.
· Information
collected from our Sites and social media pages. This includes information
collected when you interact with us. For example, comments, photos, or other
information that you post through blogs, message boards, or social networking.
· Device
information. For example, Internet Protocol (IP) address, device
identifier, device’s operating system, browser type, websites visited before or
after you visit our website, pages viewed and activities at our website, as
well as interaction with advertisements.
· 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).
· Franchisee
application information. We collect information from potential franchisee
owners through the Sites.
· 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 a
COMPANY 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, the video or images, and the recipient’s name and email address.
· Third-party
service and advertising partners may also collect information automatically.
· Other
information we have collected from you with your consent.
HOW WE RESPOND TO DO NOT
TRACK SIGNALS
The “Do Not Track” (“DNT”)
privacy preference is an option that may be made in some web browsers allowing
you to opt-out of tracking by websites and online services. At this time,
global standard DNT technology is not yet finalized and not all browsers
support DNT. We therefore do not recognize and/or respond to all DNT signals.
COOKIES, OTHER TRACKING
DEVICES AND TARGETED ADVERTISING
A cookie is a small piece of
data sent from the Sites and stored in a user’s web browser while the user is
browsing Sites (“Cookie”). Every time the user loads Sites, the browser
sends the Cookie back to the server to notify the 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”). We also
utilize pixels in connection with our email communications and in connection
with the Sites. Our Sites’ web server automatically collects and we may use
your Cookies, Web beacons, pixels and other similar tracking technologies
(collectively “Tracking Technologies”) to collect information as you
browse our Sites. 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 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. Certain
pages of the 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 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. For example, we
work with the below:
Google Analytics. To help
facilitate the delivery of relevant content, we use Google Analytics. Google
Analytics uses Cookies to report on user interactions on our and others’
websites. We use the data collected for optimizing marketing, refining
advertising and/or programming strategies, and generally improving user
experience. For more information about Google Analytics and how it collects and
processes data, please visit: https://policies.google.com/technologies/partner-sites.
Instructions on opting out of Google Analytics using a specific plug-in is
available at the following link: https://tools.google.com/dlpage/gaoptout. Note
that this opt-out is specific to Google activities and does not affect the
activities of other ad networks or analytics providers that we may use.
Meta Pixel. We also use
Meta Pixel to measure your use of our Sites, tailor our Sites to your
interests, and improve our products and services. Please note, Facebook can
connect this data with your Facebook account and use it for its own advertising
purposes, in accordance with Facebook’s Data Policy which can be found at
Facebook.com/about/privacy/.
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 Sites that require registration, some pages of the Sites might
not function properly, and the Sites experience will not be capable of being
tailored to you from visit to visit. Also note that even if you opt-out of
interest-based advertising, these Tracking Technologies may still collect data
for other purposes including analytics and you will still see ads from us, but
the ads will not be targeted based on behavioral information about you and may
therefore be less relevant to you and your interests. Please consult your web
browser’s Help documentation for more information about how to turn these
Cookies on and off for your browser. The Network Advertising Initiative also
offers a means to opt-out of a number of advertising Cookies. Please visit
their website here to
learn more and to opt-out, if desired. Additionally, the Digital Advertising
Alliance provides an online opt-out here. You can also use the mobile app to control interest-based
advertising on apps on your mobile device, available on the Apple Store, Google
Play, and Amazon’s Appstore. Mobile app guidance is availablehere.
By visiting our Sites, 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. You will not be
subjected to a decision based solely on automated processing, including
profiling.
PURPOSE OF DATA COLLECTION
We use your personal information
in a variety of ways, including as disclosed at the time you provide such
personal information through promotions or a rewards or other program, or by
submitting a Franchise Application, or by setting up an account through one of
our Sites.
Specifically, we may use your
personal information for the following business purposes:
· Providing
Support and Products: Including to provide our products, including our
websites, applications and online services; to communicate with you about your
access to and use of our products and services; to respond to your inquiries;
to provide troubleshooting, fulfill your orders and requests, process your
payments and provide technical support; and for other customer service and
support purposes.
· Providing
the features, products and services you request. We may use the personal
information we collect to fulfil your requests for, and enable your use of, our
features, products and services. This includes payment processing for
purchases, subscriptions or sales; to protect against or identify possible
fraudulent transactions; processing COMPANY product orders, registrations for
rewards or other programs; contacting you; improving our Sites, our products
and services; tailoring your experience on our Sites; for internal business
purposes; and to otherwise maintain and administer our Sites and our business
· Analyzing
and Improving Products and Operations. We may use this information to
better understand how users' access and use our products and services; to
evaluate and improve our products, services and business operations; to develop
new products and services; to conduct surveys and other evaluations (such as
customer satisfaction surveys); and for other research and analytical purposes.
· Personalizing
Content and Experiences. We use personal information to tailor content we
send or display on our websites and other products and to otherwise personalize
your experiences.
· Securing
and Protecting Our Business. Including to protect and secure our business
operations, assets, products, network and information and technology resources;
to investigate, prevent, detect and take action regarding fraud, unauthorized
access, situations involving potential threats to the rights or safety of any
person or third party, or other unauthorized activities or misconduct.
· Corporate
Governance and Internal Operations: Including our general business,
accounting, record keeping and legal functions; legal compliance; and related
to any actual or contemplated merger, acquisition, asset sale or transfer,
financing, bankruptcy or restructuring of all or part of our business.
· Advertising,
Marketing and Promotional Purposes: Including to reach you with more
relevant ads and to evaluate, measure and improve the effectiveness of our ad
campaigns; to send you newsletters, offers or other information we think may
interest you; to contact you about our products or information we think may
interest you; and to administer promotions and contests. Where required by law,
we ask visitors providing email addresses to tell us if they would like more
information or updates from us, such as information about products and services
available from our family of companies. We also offer visitors an “opt-out”
option if they wish to stop receiving information from us. Sometimes you may be
asked to “opt-in” before we contact you in certain ways or before certain
services become available.
· Complying
with Legal Obligations: Including to comply with the law, our legal
obligations and legal process, such as warrants, subpoenas, court orders, and
regulatory or law enforcement requests.
· Defending
our Legal Rights: Including to manage and respond to actual and potential
legal disputes and claims, and to otherwise establish, defend or protect our
rights or interests, including in the context of anticipated or actual
litigation with third parties
· Providing
the features, products and services you request. We may use the personal
information we collect to fulfil your requests for, and enable your use of, our
features, products and services. This includes payment processing for
purchases, subscriptions or sales, to protect against or identify possible
fraudulent transactions, processing COMPANY product orders, processing
registrations for rewards or other programs, contacting you, improving our
Sites, our services, and for internal business purposes, tailoring your
experience on our Sites, and to otherwise maintain and administer our Sites.
· Registration,
contests and promotions. We may use your personal information to enter you
in contests, sweepstakes and other promotions if you choose to enter; to notify
you of results and to register you for certain features, products and services
in line with your marketing preferences.
· When
we perform our duty in a contract with you. We may use your personal
information when you work as a service provider or apply for a job with us, as
needed. If you are a consumer or a user of our services, we will use your
personal information to fulfil our duty in our agreement with you.
· To
assess and accept franchisees, customers or vendors. This includes
verifying the identity and credit status of some franchisees, customers or
vendors, conducting due diligence, and screening against publicly available
government and/or sanctions lists and other third-party data sources, the use
of and participation in COMPANY’s incident registers and sector warning systems
and/or third party verification services. Collecting this personal information
may involve a credit reference agency or other third party.
· To
improve the features, products and services that we offer through the Sites.
We may use personal information to improve our product offerings, services, as
well as our Sites and features.
· For
certain automated decision-making activities. We may use the personal
information we collect for online advertising, and / or making a personality
profile for you. Details of the personal information we collect, how it is
used, and how you may opt-out of any automated decision-making is explained
above.
SHARING INFORMATION
We may share your information
with our independently owned franchisees, subsidiaries, 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 Sites, to
process orders, and to facilitate rewards and other programs.
We may share your personal
information for purposes consistent with this Policy and as set forth below:
· With
Franchisees: We sometimes retain the services of our independently owned
franchisees and other third parties to perform functions or services on our
behalf.
· With
vendors or agents: We may share your personal information with companies we
have hired to provide services for us. When we share personal information with
companies to provide services for us, they are required to agree to protect the
personal information and keep it confidential unless you otherwise consent. As
an example, we use service providers to send emails and e-messages on our
behalf; and our franchisees may create and ship the COMPANY products that you
order on our Sites, send birthday or holiday reminders, and access your account
to redeem earned rewards.
· Within
our family of COMPANY brands and with our Affiliates. We may share personal
information among the COMPANY brands and businesses, as appropriate. Further,
from time to time, we may send your information to our affiliates, including
without limitation, Edible Brands, LLC, Netsolace, LLC, Incredible Edibles,
LLC, Naranga, LLC, BerryDirect, LLC, Edible Brands Ukraine, LLC and Broad Peak
Technologies (SMC-Pvt) Limited, 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 work with third parties to provide
specific services or products and/or offer promotional offers. When engaging in
these joint promotions, information may be provided to both the Sites and the
third parties’ sites. In the event that the third party requests your
information, you will be subject to that third parties’ privacy policy. Please
review these third party’s privacy policies before providing your information.
· Business
Transfers. As we continue to develop our business, we may share or transfer
your personal information in the course of any direct or indirect
reorganization process including, but not limited to, mergers, acquisitions,
divestitures, bankruptcies, and sales of all or a part of our assets. Your
information may be shared following completion of such transaction and/or
during the assessment process pending transfer. If transferred in such a case,
your information would remain subject to this Policy or a privacy policy that,
at a minimum, protects your privacy to an equal degree as this Policy.
· Protection
of Site and Others. We may preserve and have the right to disclose any
information about you or your use of the 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 Sites, or the public; (ii) enforce the Terms
for the Sites and Programs; 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 personal information
that can identify any individual person. We maintain and use all deidentified
information in deidentified form. We do not attempt to reidentify it except to
ensure our deidentification processes are in compliance with applicable laws.
LAWFUL BASES
We rely upon the following
lawful bases for processing personal information:
· To
protect your vital interests. We may, for example, process personal
information for health and safety reasons if you are at a COMPANY facility or
in the event of a recall.
· At
your direction and with your consent.
· For
scientific research purposes.
· For
other legitimate business purposes. We may also rely on our legitimate
interest to improve business and marketing practices. This includes but is not
limited to legal compliance, research and analysis, data linkage and combining,
and other purposes described above. When we rely on our legitimate interest, we’ll
carry out a legitimate interest assessment to ensure we consider and balance
any potential impact to your rights under applicable data protection laws
before we carry out any data processing. We won’t use your personal information
for activities where our interests are overridden by the impact on you unless
we have your consent or are otherwise required or permitted to by law.
CONSENT TO INTERNATIONAL
TRANSFER
If you are visiting our Sites
and provide us with personal information, we may transfer that personal
information to our affiliates and subsidiaries or to other third parties, in
accordance with local law. We may also transfer your personal information
across borders (including to the United States whose data protection law may
not be the same as in your country of residence), from your country or
jurisdiction to other countries or jurisdictions in accordance with legal
requirements. You acknowledge you understand that by providing your personal
information to us, your personal information (i) will be used for the uses
identified in accordance with this Policy, and (ii) may be transferred as
indicated above, in accordance with applicable law. For example, where personal
information is transferred from the European Economic Area to areas which have
not been determined to have an adequate level of protection, we take measures
designed to transfer the information in accordance with lawful requirements,
such as standard contractual clauses. Please contact us for more information
and to receive a copy of the standard contractual clauses we may utilize.
By
using the Sites, participating in any of the services, and/or providing us with
this information, you acknowledge this transfer, which may not offer the same
level of data protection as the country where you reside, in accordance with
the terms of this Policy and you do not require separate notification of each
such transfer that occurs.
MOBILE APPLICATION USERS
· Text
Messages. We distribute mobile coupons and other promotional text messages
to devices of guests who have requested this information via an opt-in request.
If you opt-in, you agree to receive recurring autodialed text messages from or
on behalf of COMPANY about promotions, special offers, and discounts at the
phone number provided. Your consent is not required and is not a condition of
any purchase. Further, we may send you transactional messages, such as shipping
notifications, payment confirmation, and other informational messages, if you
provide us your telephone number. Message and data rates apply. To opt-out of
COMPANY mobile messaging, reply “stop” to text messages. This will opt you out
of all COMPANY text message campaigns.
· Push
Notifications. You may at any time opt-out from further allowing COMPANY to
send you push notifications by adjusting the permissions in your mobile device.
· Precise
Geolocation. You may at any time opt- out from further allowing COMPANY to
access location data by adjusting the permissions in your mobile device.
Uninstall the COMPANY Mobile
Application. You can stop all further collection of information by the
COMPANY mobile application by uninstalling the COMPANY 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 COMPANY unique identifier
associated with your device will continue to be stored. If you re-install the
application on the same device, COMPANY will be able to re-associate this
identifier to your previous transactions and activities.
Mobile application users.
The following provisions apply to users of COMPANY 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. Please see our COOKIES, OTHER TRACKING DEVICES AND TARGETED ADVERTISING
section above for more information.
· 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 COMPANY 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 COMPANY,
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. COMPANY 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.
DATA RETENTION
We will retain your information
for as long as needed to provide you products and services and to comply with
our accounting and legal obligations, resolve disputes, and enforce our
agreements. Your personal information will be destroyed or permanently deleted
as required by applicable law.
SECURITY
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 personal 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. However, no security system is impenetrable. We cannot
guarantee the security of our 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 the Sites strictly
confidential. If we learn of a security systems breach we may attempt to notify
you electronically so that you can take appropriate protective steps. By using
the Sites or providing personal information to us, you agree that we can
communicate with you electronically regarding security, privacy and
administrative issues relating to your use of the Sites. We may post a notice
via our Sites if a security breach occurs. We may also send an email to you at
the email address you have provided to us in these circumstances. Depending on
where you live, you may have a legal right to receive notice of a security
breach in writing and we will notify you as required by applicable law. We will
also notify relevant government authorities, as required by applicable law.
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 privacypolicy@edible.com and then immediately delete 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
Sites, our products and services, holiday, birthday and gift reminders,
upcoming events, or your 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
memberships, registrations or accounts by following the instructions provided
in any applicable terms and conditions or by contacting us. When you opt-out of
marketing or cancel any account or registration, note that 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 Sites, as
applicable.
YOUR PRIVACY RIGHTS
Our personal information
collection, use and sharing practices are detailed in the PERSONAL INFORMATION
WE COLLECT, USE, AND SHARE section above and throughout this Policy. Rights
provided to you in connection with your personal information are as follows:
· Right
to Opt-out of Sale, Sharing, and Targeted Advertising: COMPANY does not
sell the personal information of California residents who we know are younger
than 16 years old, as we understand that term to be defined by applicable law
and accompanying regulations. Otherwise, you may have the right to opt-out of
the selling, sharing, and use of your personal information for targeted
advertising. To exercise this right, you may submit a request using the link
provided above and in the “Notice at Collection.”
· Verifiable
Request to Delete: You may have the right to request deletion of their
personal information that we have collected about them and to have such
personal information deleted, except where an exemption applies.
· Verifiable
Request to Know: You may have the right to request and, subject to certain
exemptions, receive a copy of the specific pieces of personal information that
we have collected about them in the prior 12 months and to have this
information delivered free of charge, either (a) by mail or (b) if we hold the
information in electronic format, electronically in a portable and, to the
extent technically feasible, readily useable format that allows the individual
to transmit this information to another entity without hindrance. You may also
have the right to request that we provide them certain information about how we
have handled their personal information in the prior 12 months, including the:
categories of personal information collected; categories of sources of personal
information; business and/or commercial purposes for collecting and selling
their personal information; categories of third parties with whom we have
disclosed or shared their personal information; categories of personal
information that we have disclosed or shared with a third party for a business
purpose; and categories of third parties to whom the residents’ personal
information has been sold and the specific categories of personal information
sold to each category of third party. You may make Requests to Know up to twice
every 12 months.
· Right
to Data Portability: You may have the right to receive the personal
information that you have given us, in a structured, commonly used and
machine-readable format. You have the right to send that personal information
to another controller if the processing is based on consent pursuant or on a
contract and is carried out by automated means.
· Right
to Opt-out of Profiling: You may have the right not to be subject to a
decision based solely on profiling, except under certain exceptions under local
law.
<· Right
to Consent and/or Limit the Use and Disclosure of Your Sensitive Personal
Information: You have the right to consent to our use of your
sensitive personal information as it is not required for you to create an
account or provide your precise geolocation. Further, this information will
only be used for the purposes for which it was provided. If you no longer want
us to have an account for you, you may delete your account. Additionally, we
will only use your precise geolocation to help you locate a store and then we
will no longer store that information. For reference, should you choose to
limit use of any sensitive information, including push notifications or other
access to your devices, you may do so through the settings in you mobile
device.
Financial Incentives Offers.
We offer various financial incentives (“Program”) from time to time,
primarily requesting identifiers and contact information as part of an offer,
though we may also request information from your customer records. The terms of
the Program, including the personal information requested in connection with
the offer, will be presented to you at the time you sign up. In calculating
these offers, we consider the expenses related to the offer and the value of
your information. You may also subsequently opt-out of the Program by emailing
us at rewards@edible.com and asking for us to cancel your participation in the
Program. For offers involving your email, you may unsubscribe. For offers
involving text messaging, you may text STOP. For all other offers, you may
follow the instructions provided with the offer. These financial incentives are
reasonably related to the value of the data you provide.
Right to Non-Discrimination.
Applicable law prohibits unreasonable adverse treatment (called “discrimination”)
of individuals for exercising their rights.
ACCESS TO, AMENDMENT, AND
DEACTIVATION OF INFORMATION
Depending on your residence, you
may have rights available to you regarding your personal information. We
respond to any rights request in accordance with applicable legal requirements.
You may have the right to access, review, correct, update, object to processing
or deactivate the personal information that we maintain about you, including
any member or account information, or ask for a list of service providers
handling your personal information, 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 consistent with the timelines provided for in applicable law to
which you are subject. 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.
Submitting Requests: Consumer
requests may be submitted here
or by calling 1-833-950-0010. Whenever feasible for verification, we will match
the identifying information provided by you to the personal information already
maintained by us. If, however, we cannot verify your identity from the information
already maintained by us, we may request additional information. You may
designate an authorized agent to make a request on your behalf. Such authorized
agent must have permission to submit requests on your behalf. We may deny a
request from an agent that does not submit proof that they have been authorized
by you to act on your behalf. We will respond to verifiable requests received
from consumers as required by law.
SHINE THE LIGHT
Pursuant to Section 1798.83 of
the California Civil Code, residents of California have the right to request
from a business, with whom the California resident has an established business
relationship, certain information with respect to the types of personal
information the business shares with third parties for direct marketing
purposes by such third party and the identities of the third parties with whom
the business has shared such information during the immediately preceding
calendar year.
To request a copy of the
information disclosure provided by Edible Arrangements pursuant to Section
1798.83 of the California Civil Code, please submit a request here.
THIRD-PARTY LINKS AND USE OF
SOCIAL MEDIA
The Sites contain links to other
sites. Please be aware that COMPANY is not responsible for the terms of use or
privacy practices of such other sites unless otherwise expressly provided by
COMPANY. We encourage our users to be aware when they leave our Sites and to
read the privacy statements of each and every site. This Policy applies solely
to information collected on the Sites.
We sometimes use third party
social media content we obtain from Twitter, Instagram, Pinterest, Facebook on
our Sites and our social media platforms. The privacy practices of these
third-party social media sites are not part of our Policy and may differ from
the privacy protections described in this Policy. 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 upload content related to
our COMPANY products on third party social media sites, that share information
with the general public, user community, and/or a third-party social media site
it may be used or shared by us on our Sites or our social media platforms to
promote our COMPANY products and services. Please note that any information you
include in a message you post to any public posting area, such as on a social
media platform, is available to anyone with Internet access. If you don't want
people to know your email address, for example, don't include it in any message
you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION
IN PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE
INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
QUESTIONS
If you would like to have any
personal information removed, please submit a form here
or contact us at 1-833-950-0010.