Privacy Policy
Updated: December 29, 2022
This Privacy Policy (the “Policy”)describes how Edible Arrangements, LLC and its family of companies, whichincludes subsidiaries and affiliates (collectively, “COMPANY,” “we,”“us” or “our”) collect, use, and share personal information. Itapplies to information collected by or submitted to us through our websites,mobile applications, and other websites that are otherwise owned, operated, orcontrolled by COMPANY and where this Policy is posted (individually andcollectively referred to as the “Sites”).
For a printable version of thisPolicy, please click here.
This Policy is subject to andmade a part of the COMPANY Terms of Use (“Terms”), which areincorporated into this Policy by reference.
We reserve the right to modifyor amend this Policy at any time and for any reason. Changes to this Policyshall be effective when posted to the Sites. In case of any material change tothe Policy, we will notify you by providing prominent notice on the Sites or byusing 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 reviewingthis Policy each time you use or access the Sites. Your continued use of theSites 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, youacknowledge and agree that you have read this Policy and agree to thecollection, use and other processing of your information in accordance with thepractices described in this Policy. If you do not agree to all or any of theterms, conditions and practices set forth herein, do not access the Sites orany of its pages.
The Sites are intended for adultuse only, and we do not knowingly collect any personal information from aminor. If you learn that a child has, in violation of this Policy, providedtheir personal information, please report it to us for deletion here.In the event that we learn that a child has provided us with personalinformation, we will delete it.
NOTICE AT COLLECTION
We may collect or process variouscategories of personal information. The section directly below titled “PersonalInformation We Collect, Use, and Share” contains information on the categoriesof personal information collected and/or whether we sell or share personalinformation. As an overview, we collect identifiers, personal informationcategories contained in customer records, characteristics of protectedclassifications, commercial information, professional or employment-relatedinformation, education information, internet, technical, or other similar electronicnetwork activity information, sensitive personal information, and inferencesdrawn from other personal information. We retain the information for as long asneeded to meet the purpose for processing and in accordance with this Policy.
If you have a request regardingyour 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 donot sell, share, or use your personal information for targeted advertising,please click the “Your Privacy Choices” link hereor call 1-833-950-0010. We only use sensitive personal information to perform services on behalf of the business, andtherefore we do not offer the right to limit the use or disclosure of yoursensitive personal information.
PERSONAL INFORMATION WECOLLECT, USE, AND SHARE
We gather information aboutindividuals when they submit comments, questions or requests for information tous on the Sites. We use information we receive to operate and improve thecontent 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 mayshare parts of the information we gather on our Sites or otherwise maintainsuch information with our affiliates, franchisees, and service providers.
For purposes of this Policy, “personalinformation” is information that identifies, relates to, describes, is capableof being associated with, or could reasonably be linked, directly orindirectly, with a particular individual, device, or household. Below, wedescribe how we will handle your personal information in accordance with thisPolicy and describe the information we may have collected in the past 12 monthsbelow, 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 sourceddirectly from you or indirectly from you (e.g., from observing your actions onthe Sites). They are used to fulfill or meet the reason you provided theinformation, 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, toprovide the products and services that you have ordered or requested, toprocess and ship orders, to send order and shipping confirmations, to providecustomer service, or marketing. For example, when you create an account, youprovide your first and last name, email address, and other identifyinginformation. Also, when you place an order, you provide contact and shippinginformation. We may sell, share, and disclose thisinformation for business purposes such as analyzing andimproving products and operations, securing and protecting our business, andcorporate governance and internal operations. We may disclose this informationfor commercial purposes such as providing support and products, providing thefeatures and services you request, personalizing content and experiences, andfor advertising, marketing, and professional purposes. We disclose thisinformation to internet service providers, administrative serviceproviders, franchisees, and payment processors. Weretain identifiers for as long as needed to meet the purpose for processing andin accordance with this Policy.
· Personalinformation categories contained in customer records, which may includename, address, telephone number, bank account number, credit card number, debitcard number, or any other payment and financial information. We source thisinformation directly from you. We use this information to fulfill or meet thereason 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 theproducts and services that you have ordered or requested, to process and shiporders, to send order and shipping confirmations, to provide customer service,or marketing. For example, we need your payment information when you purchaseproducts from us. We do not sell this information. We may share and disclosethis information for business purposes such asanalyzing and improving products and operations, securing and protecting ourbusiness, and corporate governance and internal operations. We may disclosethis information for commercial purposes such as providing support andproducts, providing the features and services you request, personalizingcontent and experiences, and for advertising, marketing, and professionalpurposes. We disclose this information to internet service providers,administrative service providers, franchisees, and payment processors. Weretain this information for as long as needed to meet the purpose forprocessing and in accordance with this Policy.
· Characteristicsof protected classifications, such as age or gender. We source thisinformation directly from you. We use this information to fulfill or meet thereason you provided the information, marketing, or to provide relevantservices. For example, we may use this information for targeted advertising. Wedo not sell this information. We share and disclose this information forbusiness purposes such as analyzing and improvingproducts and operations, securing and protecting our business, and corporategovernance and internal operations. We may disclose this information forcommercial purposes such as providing support and products, providing thefeatures, products, and services you request, personalizing content andexperiences, and for advertising, marketing, and professional purposes. Wedisclose this information to administrative service providers, dataanalytics providers, and third party service providers. Weretain this information for as long as needed to meet the purpose forprocessing and in accordance with this Policy. Please see our COOKIES,OTHER TRACKING DEVICES AND TARGETED ADVERTISING section below for moreinformation.
· Commercialinformation, which may include records of services purchased, obtained,considered, or other purchasing or consuming histories or tendencies such asbilling and shipping information and other information about your transactionswith us. We source this information directly from you. We use this informationto fulfill or meet the reason you provided the information, to contact you inrelation to our Sites, to screen for potential risk or fraud, to respond toinquiries, to provide the products and services that you have ordered orrequested, to process and ship orders, to send order and shippingconfirmations, to provide customer service, or marketing. For example, we keeptrack of your purchases to create a purchase history. We do not sell thisinformation. 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 internaloperations. We may disclose this information for commercial purposes such asproviding support and products, providing the features and services yourequest, personalizing content and experiences, and for advertising, marketing,and professional purposes. We disclose this information to internet serviceproviders, administrative service providers, franchisees, and paymentprocessors. We retain this information for as long as needed to meet thepurpose for processing and in accordance with this Policy.
· Professionalor employment-related information, such as employment history orprofessional certifications. We source this information directly from you. Weuse this information to fulfill or meet the reason you provided the informationor to process an employment application. For example, when you apply for a jobwith us or request information about becoming a franchisee, we ask for yourrelevant employment history. We do not sell or share this information. Wedisclose this information for business purposes such as securing and protectingour business, and corporate governance and internal operations. We disclosethis information to service providers, such as background check providers andhuman resource administrative service providers. We retain this information foras long as needed to meet the purpose for processing and in accordance withthis Policy.
· Educationinformation, such as level of education completed or academic performance.We source this information directly from you. We use this information tofulfill or meet the reason you provided the information or to process anemployment application. For example, when you apply for a job with us orregister to be a franchisee, we ask for your education information. We do notsell or share this information. We disclose this information for businesspurposes such as analyzing and improving products and operations, securing andprotecting our business, and corporate governance and internal operations. Wemay disclose this information for commercial purposes such as providing supportand products, providing the features, products, and services you request,personalizing content and experiences, and for advertising, marketing, andprofessional purposes. We disclose this information to service providers, suchas background check providers and human resource administrative serviceproviders. We retain this information for as long as needed to meet the purposefor processing and in accordance with this Policy.
· Internet,technical or other similar network activity, which may include usage andbrowsing 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., fromobserving your actions on our Sites). We use this information to fulfill ormeet the reason you provided the information, to screen for potential risk orfraud, or to improve our Sites. We sell, share, and disclose this informationfor business purposes such as analyzing and improving products and operations,securing and protecting our business, and corporate governance and internaloperations. We may disclose this information for commercial purposes such asproviding support and products, providing the features and services yourequest, personalizing content and experiences, and for advertising, marketing,and professional purposes. We disclose this information to administrativeservice providers, data analytics providers, third party service providers, andinternet service providers We retain this informationfor as long as needed to meet the purpose for processing and in accordance withthis Policy. Please see our COOKIES, OTHER TRACKING DEVICES AND TARGETEDADVERTISING section below for more information.
· Sensitivepersonal information. We collect sensitive personal information such asaccount log-in information, precise geolocation information, and content fromyour 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 thirdparties like social media platforms. We use this to provide and improve thefeatures, products and services you request; for registration, contests,promotions; to provide personalized content, information, and to send youbrochures, coupons, samples, offers and other information on our products orthose of our family of companies; when we perform our duty in contract withyou; and/or to deliver relevant advertising. We may use push notifications onthe mobile application to send you alerts. We do not sell or share thisinformation. This information is disclosed for business purposes to performservices on behalf of the business. It is disclosed among affiliates of EdibleArrangements, with administrative service providers and other third partyservice providers. We retain this only as long as needed to perform services onbehalf of the business.
· Inferencesdrawn from other personal information, which may include a profilereflecting a person’s preferences, interests, characteristics, psychologicaltrends, predispositions, behavior, attitudes, intelligence, abilities, andaptitudes. We source this information directly or indirectly from you, (e.g.,from observing your actions on our Sites). We use this information to fulfillor meet the reason you provided the information or for marketing. We do not sell,share, or disclose this information to third parties. We retain thisinformation for as long as needed to meet the purpose for processing and inaccordance with this Policy.
Your decision to provide anypersonal information is voluntary. However, please note that, if you do notprovide certain personal information, we may not be able to accomplish somepurposes outlined in this Policy and you may not be able to use or accesscertain services on our Sites.
We collect the followingspecific pieces of personal information:
· Personalcontact details. This includes information like names, addresses, telephonenumbers, or email addresses. For example, when you provide contact detailsduring online registration, when doing business with us, or when providingpurchasing products from us. Some Sites allow you to establish a username andpassword to set up an account.
· Informationabout your transactions with us. For example, your purchase history, andbilling and shipping information, and other information about your use of ourproducts or services.
· Photographs.While photographs taken in connection with deliveries are not intended toinclude images of people or to identify any person though, from time to time,an individual will appear in a delivery photograph.
· Paymentinformation. This includes information from your credit or debit card,online payment account, or other payment options.
· Uniquecustomer and commercial information. For example, usernames and other logincredentials.
· Demographicinformation. For example, data such as age, gender, hobby or activities,taste or preferences.
· Datafor agreements with customers or vendors. This includes the assessment andacceptance of a customer, franchisee or vendor. For example, we collect creditstatus or information publicly available on sanctions or watch lists.
· Informationcollected from our Sites and social media pages. This includes informationcollected when you interact with us. For example, comments, photos, or otherinformation that you post through blogs, message boards, or social networking.
· Deviceinformation. For example, Internet Protocol (IP) address, deviceidentifier, device’s operating system, browser type, websites visited before orafter you visit our website, pages viewed and activities at our website, aswell as interaction with advertisements.
· DeviceAuthentication/Fraud Detection. We, or a third party acting on our behalfand at our direction, may collect information about your device to authenticateyour device and to protect you and us against fraud. Specifically, we maycollect your Device ID, GPS logs (which includes information about yourlocation and movement) and device info logs (which includes information aboutyour device’s operating system, model, brand, MAC address).
· Franchiseeapplication information. We collect information from potential franchiseeowners through the Sites.
· Videomessaging/e-Postcards. From time to time, we also may give you the optionto 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 aCOMPANY product with someone else, or video gift message to a recipient. If youelect to send an e-message, you will be required to provide your name, youremail address, the video or images, and the recipient’s name and email address.
· Third-partyservice and advertising partners may also collect information automatically.
· Otherinformation we have collected from you with your consent.
HOW WE RESPOND TO DO NOTTRACK SIGNALS
The “Do Not Track” (“DNT”)privacy preference is an option that may be made in some web browsers allowingyou to opt-out of tracking by websites and online services. At this time,global standard DNT technology is not yet finalized and not all browserssupport DNT. We therefore do not recognize and/or respond to all DNT signals.
COOKIES, OTHER TRACKINGDEVICES AND TARGETED ADVERTISING
A cookie is a small piece ofdata sent from the Sites and stored in a user’s web browser while the user isbrowsing Sites (“Cookie”). Every time the user loads Sites, the browsersends the Cookie back to the server to notify the Sites of the user’s previousactivity. Web beacons (also known as image tags, gif or web bugs) are smallpieces of code used to collect advertising data, such as counting page views,promotion views or advertising responses (“Web beacons”). We alsoutilize pixels in connection with our email communications and in connectionwith the Sites. Our Sites’ web server automatically collects and we may useyour Cookies, Web beacons, pixels and other similar tracking technologies(collectively “Tracking Technologies”) to collect information as youbrowse our Sites. We use Tracking Technologies, web server log files andtracking code, and information we receive through the use of these TrackingTechnologies to analyze trends, administer the Sites, track users’ movement,and gather broad demographic information for aggregate use. Information of thistype may be combined with other sources of information for these purposes. Certainpages of the Sites, and promotional email messages, or newsletters we send, maycontain Tracking Technologies that allow us to count users who have visitedthose pages and to determine whether messages have been opened and acted upon.
Some of these TrackingTechnologies may be placed by third party service providers to help determinethe effectiveness of our advertising campaigns or email communications. TheseTracking Technologies may be used by these service providers to place apersistent Cookie on your computer. Doing this allows the service provider torecognize your computer each time you visit certain pages or emails and compileanonymous information in relation to those page views. The use of TrackingTechnologies by third party service providers is within their control and notours. We do not control their Sites or their policies and practices regardingyour information and you should be aware that different rules might apply tothe collection, use or disclosure of your information by third parties inconnection with their advertisements or promotions and other sites youencounter on the Internet. This Policy does not cover any use of informationthat a third-party service provider may directly collect from you and we do notundertake to confirm, investigate, or police their practices. For example, wework with the below:
Google Analytics. To helpfacilitate the delivery of relevant content, we use Google Analytics. GoogleAnalytics uses Cookies to report on user interactions on our and others’websites. We use the data collected for optimizing marketing, refiningadvertising and/or programming strategies, and generally improving userexperience. For more information about Google Analytics and how it collects andprocesses data, please visit: https://policies.google.com/technologies/partner-sites.Instructions on opting out of Google Analytics using a specific plug-in isavailable at the following link: https://tools.google.com/dlpage/gaoptout. Notethat this opt-out is specific to Google activities and does not affect theactivities of other ad networks or analytics providers that we may use.
Meta Pixel. We also useMeta Pixel to measure your use of our Sites, tailor our Sites to yourinterests, and improve our products and services. Please note, Facebook canconnect this data with your Facebook account and use it for its own advertisingpurposes, in accordance with Facebook’s Data Policy which can be found atFacebook.com/about/privacy/.
The practice of collecting theseTracking Technologies is a standard practice on the Internet. If you do notwant us to collect your Cookies, you can set your browsers or third-partysoftware to reject Cookies. If you reject the Cookie, you may be unable to useportions of our Sites that require registration, some pages of the Sites mightnot function properly, and the Sites experience will not be capable of beingtailored to you from visit to visit. Also note that even if you opt-out ofinterest-based advertising, these Tracking Technologies may still collect datafor other purposes including analytics and you will still see ads from us, butthe ads will not be targeted based on behavioral information about you and maytherefore be less relevant to you and your interests. Please consult your webbrowser’s Help documentation for more information about how to turn theseCookies on and off for your browser. The Network Advertising Initiative alsooffers a means to opt-out of a number of advertising Cookies. Please visittheir website here tolearn more and to opt-out, if desired. Additionally, the Digital AdvertisingAlliance provides an online opt-out here. You can also use the mobile app to control interest-basedadvertising on apps on your mobile device, available on the Apple Store, GooglePlay, and Amazon’s Appstore. Mobile app guidance is availablehere.
By visiting our Sites, youacknowledge, understand and hereby agree that you are giving us your consent totrack your activities through use of these Tracking Technologies and that wemay use Tracking Technologies in the emails we send you. You will not besubjected to a decision based solely on automated processing, includingprofiling.
PURPOSE OF DATA COLLECTION
We use your personal informationin a variety of ways, including as disclosed at the time you provide suchpersonal information through promotions or a rewards or other program, or bysubmitting a Franchise Application, or by setting up an account through one ofour Sites.
Specifically, we may use yourpersonal information for the following business purposes:
· ProvidingSupport and Products: Including to provide our products, including ourwebsites, applications and online services; to communicate with you about youraccess to and use of our products and services; to respond to your inquiries;to provide troubleshooting, fulfill your orders and requests, process yourpayments and provide technical support; and for other customer service andsupport purposes.
· Providingthe features, products and services you request. We may use the personalinformation we collect to fulfil your requests for, and enable your use of, ourfeatures, products and services. This includes payment processing forpurchases, subscriptions or sales; to protect against or identify possiblefraudulent transactions; processing COMPANY product orders, registrations forrewards or other programs; contacting you; improving our Sites, our productsand services; tailoring your experience on our Sites; for internal businesspurposes; and to otherwise maintain and administer our Sites and our business
· Analyzingand Improving Products and Operations. We may use this information tobetter understand how users' access and use our products and services; toevaluate and improve our products, services and business operations; to developnew products and services; to conduct surveys and other evaluations (such ascustomer satisfaction surveys); and for other research and analytical purposes.
· PersonalizingContent and Experiences. We use personal information to tailor content wesend or display on our websites and other products and to otherwise personalizeyour experiences.
· Securingand Protecting Our Business. Including to protect and secure our businessoperations, assets, products, network and information and technology resources;to investigate, prevent, detect and take action regarding fraud, unauthorizedaccess, situations involving potential threats to the rights or safety of anyperson or third party, or other unauthorized activities or misconduct.
· CorporateGovernance and Internal Operations: Including our general business,accounting, record keeping and legal functions; legal compliance; and relatedto 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 morerelevant ads and to evaluate, measure and improve the effectiveness of our adcampaigns; to send you newsletters, offers or other information we think mayinterest you; to contact you about our products or information we think mayinterest you; and to administer promotions and contests. Where required by law,we ask visitors providing email addresses to tell us if they would like moreinformation or updates from us, such as information about products and servicesavailable 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 beasked to “opt-in” before we contact you in certain ways or before certainservices become available.
· Complyingwith Legal Obligations: Including to comply with the law, our legalobligations and legal process, such as warrants, subpoenas, court orders, andregulatory or law enforcement requests.
· Defendingour Legal Rights: Including to manage and respond to actual and potentiallegal disputes and claims, and to otherwise establish, defend or protect ourrights or interests, including in the context of anticipated or actuallitigation with third parties
· Providingthe features, products and services you request. We may use the personalinformation we collect to fulfil your requests for, and enable your use of, ourfeatures, products and services. This includes payment processing forpurchases, subscriptions or sales, to protect against or identify possiblefraudulent transactions, processing COMPANY product orders, processingregistrations for rewards or other programs, contacting you, improving ourSites, our services, and for internal business purposes, tailoring yourexperience on our Sites, and to otherwise maintain and administer our Sites.
· Registration,contests and promotions. We may use your personal information to enter youin contests, sweepstakes and other promotions if you choose to enter; to notifyyou of results and to register you for certain features, products and servicesin line with your marketing preferences.
· Whenwe perform our duty in a contract with you. We may use your personalinformation when you work as a service provider or apply for a job with us, asneeded. If you are a consumer or a user of our services, we will use yourpersonal information to fulfil our duty in our agreement with you.
· Toassess and accept franchisees, customers or vendors. This includesverifying the identity and credit status of some franchisees, customers orvendors, conducting due diligence, and screening against publicly availablegovernment and/or sanctions lists and other third-party data sources, the useof and participation in COMPANY’s incident registers and sector warning systemsand/or third party verification services. Collecting this personal informationmay involve a credit reference agency or other third party.
· Toimprove the features, products and services that we offer through the Sites.We may use personal information to improve our product offerings, services, aswell as our Sites and features.
· Forcertain automated decision-making activities. We may use the personalinformation we collect for online advertising, and / or making a personalityprofile for you. Details of the personal information we collect, how it isused, and how you may opt-out of any automated decision-making is explainedabove.
SHARING INFORMATION
We may share your informationwith our independently owned franchisees, subsidiaries, affiliates, or otherthird parties to perform functions or services on our behalf, to jointly offerproducts and services, to fulfill product orders placed on our Sites, toprocess orders, and to facilitate rewards and other programs.
We may share your personalinformation for purposes consistent with this Policy and as set forth below:
· WithFranchisees: We sometimes retain the services of our independently ownedfranchisees and other third parties to perform functions or services on ourbehalf.
· Withvendors or agents: We may share your personal information with companies wehave hired to provide services for us. When we share personal information withcompanies to provide services for us, they are required to agree to protect thepersonal information and keep it confidential unless you otherwise consent. Asan example, we use service providers to send emails and e-messages on ourbehalf; and our franchisees may create and ship the COMPANY products that youorder on our Sites, send birthday or holiday reminders, and access your accountto redeem earned rewards.
· Withinour family of COMPANY brands and with our Affiliates. We may share personalinformation among the COMPANY brands and businesses, as appropriate. Further,from time to time, we may send your information to our affiliates, includingwithout limitation, Edible Brands, LLC, Netsolace, LLC, Incredible Edibles,LLC, Naranga, LLC, BerryDirect, LLC, Edible Brands Ukraine, LLC and Broad PeakTechnologies (SMC-Pvt) Limited, or, if for example, we believe that they mayhave information about franchising or other opportunities that may be ofinterest to you.
· JointPromotions. From time to time, we may work with third parties to providespecific services or products and/or offer promotional offers. When engaging inthese joint promotions, information may be provided to both the Sites and thethird parties’ sites. In the event that the third party requests yourinformation, you will be subject to that third parties’ privacy policy. Pleasereview these third party’s privacy policies before providing your information.
· BusinessTransfers. As we continue to develop our business, we may share or transferyour personal information in the course of any direct or indirectreorganization process including, but not limited to, mergers, acquisitions,divestitures, bankruptcies, and sales of all or a part of our assets. Yourinformation may be shared following completion of such transaction and/orduring 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.
· Protectionof Site and Others. We may preserve and have the right to disclose anyinformation about you or your use of the Sites without your prior permission ifwe have a good faith belief that such action is necessary to: (i) protect anddefend our rights, property or safety or that or those of our affiliates orfranchisees, other users of the Sites, or the public; (ii) enforce the Termsfor the Sites and Programs; or (iii) respond to claims that any contentviolates the rights of third parties. We may also disclose information as wedeem necessary to satisfy any applicable law, regulation, legal process orgovernmental request.
We will share aggregated demographicinformation with our affiliates, franchisees, subsidiaries, and other thirdparties. This type of information is not linked to any personal informationthat can identify any individual person. We maintain and use all deidentifiedinformation in deidentified form. We do not attempt to reidentify it except toensure our deidentification processes are in compliance with applicable laws.
LAWFUL BASES
We rely upon the followinglawful bases for processing personal information:
· Toprotect your vital interests. We may, for example, process personalinformation for health and safety reasons if you are at a COMPANY facility orin the event of a recall.
· Atyour direction and with your consent.
· Forscientific research purposes.
· Forother legitimate business purposes. We may also rely on our legitimateinterest to improve business and marketing practices. This includes but is notlimited to legal compliance, research and analysis, data linkage and combining,and other purposes described above. When we rely on our legitimate interest, we’llcarry out a legitimate interest assessment to ensure we consider and balanceany potential impact to your rights under applicable data protection lawsbefore we carry out any data processing. We won’t use your personal informationfor activities where our interests are overridden by the impact on you unlesswe have your consent or are otherwise required or permitted to by law.
CONSENT TO INTERNATIONALTRANSFER
If you are visiting our Sitesand provide us with personal information, we may transfer that personalinformation to our affiliates and subsidiaries or to other third parties, inaccordance with local law. We may also transfer your personal informationacross borders (including to the United States whose data protection law maynot be the same as in your country of residence), from your country orjurisdiction to other countries or jurisdictions in accordance with legalrequirements. You acknowledge you understand that by providing your personalinformation to us, your personal information (i) will be used for the usesidentified in accordance with this Policy, and (ii) may be transferred asindicated above, in accordance with applicable law. For example, where personalinformation is transferred from the European Economic Area to areas which havenot been determined to have an adequate level of protection, we take measuresdesigned to transfer the information in accordance with lawful requirements,such as standard contractual clauses. Please contact us for more informationand to receive a copy of the standard contractual clauses we may utilize.
Byusing the Sites, participating in any of the services, and/or providing us withthis information, you acknowledge this transfer, which may not offer the samelevel of data protection as the country where you reside, in accordance withthe terms of this Policy and you do not require separate notification of eachsuch transfer that occurs.
MOBILE APPLICATION USERS
· TextMessages. We distribute mobile coupons and other promotional text messagesto 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 oron behalf of COMPANY about promotions, special offers, and discounts at thephone number provided. Your consent is not required and is not a condition ofany purchase. Further, we may send you transactional messages, such as shippingnotifications, payment confirmation, and other informational messages, if youprovide us your telephone number. Message and data rates apply. To opt-out ofCOMPANY mobile messaging, reply “stop” to text messages. This will opt you outof all COMPANY text message campaigns.
· PushNotifications. You may at any time opt-out from further allowing COMPANY tosend you push notifications by adjusting the permissions in your mobile device.
· PreciseGeolocation. You may at any time opt- out from further allowing COMPANY toaccess location data by adjusting the permissions in your mobile device.
Uninstall the COMPANY MobileApplication. You can stop all further collection of information by theCOMPANY mobile application by uninstalling the COMPANY mobile application. Youmay use the standard uninstall process available as part of your mobile deviceor via the mobile application marketplace or network. Note: If you uninstallthe mobile application from your device, the COMPANY unique identifierassociated with your device will continue to be stored. If you re-install theapplication on the same device, COMPANY will be able to re-associate thisidentifier to your previous transactions and activities.
Mobile application users.The following provisions apply to users of COMPANY mobile applications (each,an “Application”):
· Deviceand Usage Information. Device and usage information will be shared withGoogle Analytics (Google), Apple Analytics (Apple) and Crashlytics (Fabric, aGoogle company) for analytics and crash reporting. Device and Usage informationmay also be collected by Third Party SDK’s when connecting or interacting withthem. Please see our COOKIES, OTHER TRACKING DEVICES AND TARGETED ADVERTISINGsection above for more information.
· Usersof the Apple Application. If you download and/or use our Application(s) foriPhone or iPad: These Terms & Conditions incorporate by reference theLicensed Application End User License Agreement (the “LAEULA”) publishedby Apple, Inc. (located online athttp://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of theseTerms & 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 withthe terms of the LAEULA, these Terms & Conditions shall control.
· MobileService, Internet and Service Fees. The use of the Application requires useof a mobile device and wireless mobile data service, which must be obtainedfrom your wireless carrier, and may require Internet access, which must beobtained from your service provider; you are responsible for obtaining andpaying for such additional services and obtaining a suitable device, includingwithout limitation all usage charges related thereto. You may be required tosend and receive, at your cost, electronic communications related to theApplication, including without limitation, administrative messages, serviceannouncements, diagnostic data reports and Application updates from COMPANY,your mobile carrier or third party service providers. If you do not have anunlimited wireless mobile data plan, you may incur additional charges from yourwireless service provider in connection with your use of the Application. Youare solely responsible for obtaining any additional subscription orconnectivity services or equipment necessary to access the Application,including but not limited to payment of all third party fees associatedtherewith, including fees for information sent to or through the Application.
The Application may not workwith all devices or all mobile carriers. COMPANY makes no representations thatthe Application will be compatible with or provided by all mobile carriers. Inthe event that fees are charged for the Application or other third-partyservice providers charge a fee for the products or services they provide, youagree to pay such fee to the respective party in exchange for your continueduse of such products or services. Some services may be subject to different oradditional terms (including fees), which you will be required to agree to priorto your use of such services.
DATA RETENTION
We will retain your informationfor as long as needed to provide you products and services and to comply withour accounting and legal obligations, resolve disputes, and enforce ouragreements. Your personal information will be destroyed or permanently deletedas required by applicable law.
SECURITY
While no data transmission overthe Internet is 100% secure from intrusion, we have reasonable and appropriatesecurity measures in place to attempt to protect against the loss, misuse, andalteration of your personal information under our control. We have takenreasonable steps to confirm the information is retained in secured facilitiesand that reasonable measures have been implemented for protection fromunauthorized access. However, no security system is impenetrable. We cannotguarantee the security of our Sites or databases, nor can we guarantee thatinformation you supply will not be intercepted while being transmitted to usover the Internet. We ask that you do your part by maintaining any usernamesand passwords you use to access the Internet or the Sites strictlyconfidential. If we learn of a security systems breach we may attempt to notifyyou electronically so that you can take appropriate protective steps. By usingthe Sites or providing personal information to us, you agree that we cancommunicate with you electronically regarding security, privacy andadministrative issues relating to your use of the Sites. We may post a noticevia our Sites if a security breach occurs. We may also send an email to you atthe email address you have provided to us in these circumstances. Depending onwhere you live, you may have a legal right to receive notice of a securitybreach in writing and we will notify you as required by applicable law. We willalso notify relevant government authorities, as required by applicable law.
WE DO NOT SEND EMAILS ASKING YOUTO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOURUSERNAME AND PASSWORD! If you receive such email communication, please forwardit immediately to privacypolicy@edible.com and then immediately delete thefraudulent email from your computer.
YOUR INFORMATION & OPTING-OUT
If you do not wish to receiveperiodic mailings or emails, text messages, or telephone contact concerning ourSites, our products and services, holiday, birthday and gift reminders,upcoming events, or your rewards membership, you may opt-out of receiving suchmarketing or promotional communications by sending us a written request to theaddress listed below or by following the opt-out or unsubscribe instructions inthe email or text you receive from us. In addition, you may deactivate yourmemberships, registrations or accounts by following the instructions providedin any applicable terms and conditions or by contacting us. When you opt-out ofmarketing or cancel any account or registration, note that we reserve the rightto contact you regarding your orders, technical support and any other matterthat might affect our service to you, and/or your use of the Sites, asapplicable.
YOUR PRIVACY RIGHTS
Our personal informationcollection, use and sharing practices are detailed in the PERSONAL INFORMATIONWE COLLECT, USE, AND SHARE section above and throughout this Policy. Rightsprovided to you in connection with your personal information are as follows:
· Rightto Opt-out of Sale, Sharing, and Targeted Advertising: COMPANY does notsell the personal information of California residents who we know are youngerthan 16 years old, as we understand that term to be defined by applicable lawand accompanying regulations. Otherwise, you may have the right to opt-out ofthe selling, sharing, and use of your personal information for targetedadvertising. To exercise this right, you may submit a request using the linkprovided above and in the “Notice at Collection.”
· VerifiableRequest to Delete: You may have the right to request deletion of theirpersonal information that we have collected about them and to have suchpersonal information deleted, except where an exemption applies.
· VerifiableRequest to Know: You may have the right to request and, subject to certainexemptions, receive a copy of the specific pieces of personal information thatwe have collected about them in the prior 12 months and to have thisinformation delivered free of charge, either (a) by mail or (b) if we hold theinformation in electronic format, electronically in a portable and, to theextent technically feasible, readily useable format that allows the individualto transmit this information to another entity without hindrance. You may alsohave the right to request that we provide them certain information about how wehave handled their personal information in the prior 12 months, including the:categories of personal information collected; categories of sources of personalinformation; business and/or commercial purposes for collecting and sellingtheir personal information; categories of third parties with whom we havedisclosed or shared their personal information; categories of personalinformation that we have disclosed or shared with a third party for a businesspurpose; and categories of third parties to whom the residents’ personalinformation has been sold and the specific categories of personal informationsold to each category of third party. You may make Requests to Know up to twiceevery 12 months.
· Rightto Data Portability: You may have the right to receive the personalinformation that you have given us, in a structured, commonly used andmachine-readable format. You have the right to send that personal informationto another controller if the processing is based on consent pursuant or on acontract and is carried out by automated means.
· Rightto Opt-out of Profiling: You may have the right not to be subject to adecision based solely on profiling, except under certain exceptions under locallaw.
<· Rightto Consent and/or Limit the Use and Disclosure of Your Sensitive PersonalInformation: You have the right to consent to our use of yoursensitive personal information as it is not required for you to create anaccount or provide your precise geolocation. Further, this information willonly be used for the purposes for which it was provided. If you no longer wantus to have an account for you, you may delete your account. Additionally, wewill only use your precise geolocation to help you locate a store and then wewill no longer store that information. For reference, should you choose tolimit use of any sensitive information, including push notifications or otheraccess to your devices, you may do so through the settings in you mobiledevice.
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 ofthe Program, including the personal information requested in connection withthe offer, will be presented to you at the time you sign up. In calculatingthese offers, we consider the expenses related to the offer and the value ofyour information. You may also subsequently opt-out of the Program by emailingus at rewards@edible.com and asking for us to cancel your participation in theProgram. For offers involving your email, you may unsubscribe. For offersinvolving text messaging, you may text STOP. For all other offers, you mayfollow the instructions provided with the offer. These financial incentives arereasonably 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, ANDDEACTIVATION OF INFORMATION
Depending on your residence, youmay have rights available to you regarding your personal information. Werespond to any rights request in accordance with applicable legal requirements.You may have the right to access, review, correct, update, object to processingor deactivate the personal information that we maintain about you, includingany member or account information, or ask for a list of service providershandling your personal information, at any time by sending a written request tothe postal or email address set out below, or following the instructions in anypromotional email you receive from us. We may take a reasonable period of timeto respond consistent with the timelines provided for in applicable law towhich you are subject. If you request the deactivation or change of informationon our system, such information may be retained in our backup systems for a periodof time subject to technology restrictions, or as a precaution against systemsfailures. Some information may be retained for longer periods as required bylaw, contract or auditing requirements.
Submitting Requests: Consumerrequests may be submitted hereor by calling 1-833-950-0010. Whenever feasible for verification, we will matchthe identifying information provided by you to the personal information alreadymaintained by us. If, however, we cannot verify your identity from the informationalready maintained by us, we may request additional information. You maydesignate an authorized agent to make a request on your behalf. Such authorizedagent must have permission to submit requests on your behalf. We may deny arequest from an agent that does not submit proof that they have been authorizedby you to act on your behalf. We will respond to verifiable requests receivedfrom consumers as required by law.
SHINE THE LIGHT
Pursuant to Section 1798.83 ofthe California Civil Code, residents of California have the right to requestfrom a business, with whom the California resident has an established businessrelationship, certain information with respect to the types of personalinformation the business shares with third parties for direct marketingpurposes by such third party and the identities of the third parties with whomthe business has shared such information during the immediately precedingcalendar year.
To request a copy of theinformation disclosure provided by Edible Arrangements pursuant to Section1798.83 of the California Civil Code, please submit a request here.
THIRD-PARTY LINKS AND USE OFSOCIAL MEDIA
The Sites contain links to othersites. Please be aware that COMPANY is not responsible for the terms of use orprivacy practices of such other sites unless otherwise expressly provided byCOMPANY. We encourage our users to be aware when they leave our Sites and toread the privacy statements of each and every site. This Policy applies solelyto information collected on the Sites.
We sometimes use third partysocial media content we obtain from Twitter, Instagram, Pinterest, Facebook onour Sites and our social media platforms. The privacy practices of thesethird-party social media sites are not part of our Policy and may differ fromthe privacy protections described in this Policy. Consequently, you shouldreview the privacy policies of these third-party sites before using it andensure that you understand how your content maybe used. You can adjust yourprivacy settings on your accounts with these third-party sites to match yourpreferences.
If you upload content related toour COMPANY products on third party social media sites, that share informationwith the general public, user community, and/or a third-party social media siteit may be used or shared by us on our Sites or our social media platforms topromote our COMPANY products and services. Please note that any information youinclude in a message you post to any public posting area, such as on a socialmedia platform, is available to anyone with Internet access. If you don't wantpeople to know your email address, for example, don't include it in any messageyou post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATIONIN PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THEINFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
QUESTIONS
If you would like to have anypersonal information removed, please submit a form hereor contact us at 1-833-950-0010.