Website Privacy Policy

 

This Privacy Policy describes the privacy practices for the website operated by Heather’s Gourmet Caramel Apples (“Company,” “Heather’s Gourmet Caramel Apples,” “we,” “us” or “our”) and all digital assets contained or offered therein (collectively, our “Services”). This Privacy Policy describes, among other things, the types of information we collect about you when you visit and use our website, how we use it, and how you can access your information.

By accessing the Services, you acknowledge that you have read and understand this Privacy Policy and consent to the information collection and handling practices set forth in this Privacy Policy. This Privacy Policy may be revised from time to time so please check back periodically. Updates will be referenced by the “Last Updated” date shown at the end of this Policy.

This Policy is integrated into our Terms & Conditions of Use (“Terms & Conditions”).

1. INFORMATION WE COLLECT ABOUT YOU

We may collect the following types of information about you which are described in more detail below: (A) information you provide to us, (B) information we may automatically collect, and (C) information we may receive from third parties. All of the information listed in (A)-(C) above, are detailed below, and hereinafter referred to as “Information.” Please note that you do not need to tell us who you are or offer any personal information in order to view our Services.

1. Information You Provide to Us

In using our Services, you may provide us with Information, including, without limitation:

• Your legal name;
• Telephone number;
• Email address;
• Shipping and billing address;
• Account information and log in credentials, including unique identifiers such as username and password;
• Demographic information you choose to provide such as birthday, birth month, and anniversary date;
• Payment and transaction information including credit or bank card information if you are making a purchase;
• Testimonial or survey information you provide; and/or
• Additional information as otherwise described to you at the point of collection or pursuant to your consent.

2. Information We May Automatically Collect About You

Our Services may automatically collect certain Information about you. We use this Information to help us design our Services to better suit our users’ needs. This Information may include:

• IP address, which is the number associated with the service through which you access the Internet, like your ISP (Internet service provider);
• Date and time of your visit or use of our Services;
• Domain server from which you are using our Services;
• Type of computer, web browsers, search engine used, operating system, or platform you use;
• Data identifying the web pages you visited prior to and after visiting our website or use of our Services;
• Your movement and activity within the website, which is aggregated with other information;
• Geo-location information through the use of any of our mobile applications;
• Mobile device information, including the type of device you use, operating system version, and the device identifier (or “UDID”); and
• Mobile application identification and behavior, use, and aggregated usage, performance data, and where the application was downloaded from.

 

       3. Cookies & Technologies Used to Collect Information About You

We collect the above Information directly and through the use of third parties. We collect this Information by using certain technologies, such as cookies, flash cookies, application program interfaces, web beacons, pixels, tags, and other technologies. Definitions for some of the tracking technologies listed are available below. Third-party service providers, advertisers, and/or partners may also view, edit, or set their own cookies or utilize their own tracking technologies. The use of these technologies by such third parties is subject to their own privacy policies and is not covered by this Privacy Policy, except as required by law.

• Cookies(or browser cookies). We use cookies to increase the functionality and your ease of use with our Services. A cookie is a piece of data stored on your hard drive that contains information about your computer and Internet use. To enhance your experience, cookies may be used to track and target your interests. You can always choose to not accept cookies. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website. If you choose not to accept cookies, you may still browse our Services, however, you will be unable to order or have access to all our Services.
• Web Beacons. Website pages may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity). We also use these technical methods to analyze the traffic patterns, such as the frequency with which our users visit various parts of the Services. These technical methods may involve the transmission of Information either directly to us or to a third party authorized by us to collect Information on our behalf. Our Services use retargeting pixels from Google, Facebook, and other ad networks. We also use web beacons in HTML emails that we send to determine whether the recipients have opened those emails and/or clicked on links in those emails.
• Mobile Device Identifiers. Certain mobile service providers uniquely identify mobile devices and we, our partners, or our third-party service providers with whom we contract may receive such device information if you access the website through a mobile device. Certain features on the Services may require collection of mobile phone numbers and we may associate that phone number to mobile device identification information. Additionally, some mobile service providers operate systems that pinpoint the physical location of devices that use their services. Depending on the provider, we, our partners, or our third-party service providers may receive this Information.
• Embedded Scripts. An embedded script is programming code designed to collect Information about your use of the website included in our Services, such as the links you click on. The code is temporarily downloaded to your computer from our web server or a third-party provider, is active only while you are connected to the website and is deactivated or deleted once you leave the website.
• Analytics. We use tools such as Google Analytics, a web analytics tool provided by Google that helps websites and online services collect and analyze information about how visitors use and interact with their sites and services and based on information collected and analyzed through Google Analytics websites and online services can measure the performance of and make improvements to their sites and services. Google Analytics uses first-party cookies to track visitor interactions on our website and to collect information about how visitors use the website. We use the information collected through Google Analytics to help us understand the demographics, usage patterns and interests, trends, etc. about visitors to the website. Google Analytics collects and reports usage information anonymously without identifying any particular visitor individually. Google’s ability to use and share information collected by Google Analytics about your visits to the website is subject to the Google Analytics Terms of Use published at http://www.google.com/analytics/terms/us.htmland the Google Privacy Policy published at http://www.google.com/intl/en/policies/privacy/. Disabling cookies on your browser may be able to prevent Google Analytics from recognizing you on return visits to the website. Google also offers a browser add-on for users to install to opt out.

      4. Information We May Receive from Third Parties

We may collect additional Information about you from third-party websites, social media platforms, such as, but not limited, to Facebook, Twitter, Instagram, and Pinterest (“Social Media Platforms”), in accordance with your privacy settings on those Social Media Platforms, and/or sources providing publicly available information (e.g., from the U.S. postal service) to help us provide services to you, help prevent fraud, and for marketing and advertising purposes.

Information we may access about you, with your consent, may include, but is not limited to, your basic Social Media Platform information, your location data, your list of contacts, friends or followers, and certain information about your activities on the Social Media Platform. Please keep in mind that when you provide Information to us on a third-party website or platform (for example, via our applications), the Information you provide may be separately collected by the third-party website or the Social Media Platform.

The Information we collect is covered by this Privacy Policy, and the Information the third-party website or Social Media Platform collects is subject to the third-party website or platform’s privacy practices. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites

     5. HOW WE USE YOUR INFORMATION

          A. Use and Purpose of Processing Your Information

We use and process your Information for things that may include, but are not limited to, the following:

• To provide you with the Services, related products and information you request;
• To process your profile when you register for an account;
• To fulfill and manage purchases, orders, payments, returns/exchanges;
• To respond to your inquiries and provide you with requested information and other communications, including by email or text messages, and including alerts, notification of promotions, requests for a catalog, and/or special sales;
• For general or targeted marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications;
• To fulfill contracts we have with you;
• To maintain, improve, customize, or administer the Services, perform business analyses, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, or improve security or develop other products and services;
• To improve our Services and resolve any technical problems;
• To analyze the use of the Services and Information about visitors to our website to understand and improve our offerings and, in accordance with our sharing policies discussed below, to produce anonymous or aggregated data and statistics that might help third parties develop their own products and service offerings;
• To customize the content you see when you visit the website, including to develop and provide advertising tailored to your interests;
• Comply with our Terms & Conditions;
• For analytics for business purposes and business intelligence;
• To comply with any applicable laws and regulations and respond to lawful requests; and/or
• For any other purposes disclosed to you at the time we collect your Information and/or pursuant to your consent.

 

        B. Sharing Your Information

We may share your Information as set forth in the Privacy Policy and in the following circumstances:

• Third-Party Service Providers.We may share your Information with third-party service providers that perform certain functions or services on our behalf (such as to host the Services, fulfill orders, provide products and services, manage databases, perform analyses, process credit card payments, provide customer service, or send communications for us by email, text message, or other means). These third-party service providers are authorized to use your Information only as necessary to provide these services to us. In some instances, we may aggregate Information we collect so third parties do not have access to your particular Information to identify you individually.
• Disclosure of Information for Legal and Administrative Reasons.We may disclose your Information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant, or other legal process; (ii) to cooperate or undertake an internal or external investigation or audit; (iii) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property or safety of us, our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and partners, and the website Service users; (v) to enforce or apply our Terms & Conditions; and (vi) to verify the identity of the user of our Services.
• Online Communications.We may decide to allow users to voluntarily share comments, participate in surveys or contents, complete a product review, provide testimonials or other information. If you choose to subject such information to us, the information that you submit may be available generally to the public and will not be returned to you unless we receive such a request. Information that you provide in these areas may be read, collected, and used by others who access them.
• With Your Consent.We may share Information consistent with this Privacy Policy with your consent.

Except as provided in this Privacy Policy, we will not sell, trade, or disclose your Information we have collected without your consent.

   6. LINKS TO OTHER WEBSITES

Our Services may contain links to other websites or services that are not owned or controlled by us, including links to Social Media Platforms such as Facebook, Instagram, Twitter, and Pinterest, or may redirect you off our website away from our Services to other websites for information, other services, or to receive special offers, contests, games, sweepstakes, or for transactions or purchases. These other websites may send their own cookies to you, independently collect data, or solicit personal Information and may or may not have their own published privacy policies. If you visit a website that is linked to our Services, you should consult that website’s privacy policy before providing any Information.

This Privacy Policy only applies to Information collected by our Services. We are not responsible for the privacy and security practices of those other websites or Social Media Platforms or the Information they may collect (which may include IP address). You should contact such third parties directly to determine their respective privacy policies. Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, Social Media Platform, and/or content.

     A. INFORMATION SECURITY

We use commercially reasonable measures to provide our Services. However, you should assume that no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure. Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private or secure. We do not guarantee that your Information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.

If you believe that your Information has been accessed or acquired by an unauthorized person, you shall promptly Contact Us so that necessary measures can quickly be taken.

    B. DATA RETENTION

We store and maintain your Information for the purposes for which it is processed by us. The length of time for which we retain Information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

    C. HOW WE WILL CONTACT YOU

You agree that we, our affiliates, and/or third-party service providers with whom we collaborate and contract, may communicate with you regarding our Services via electronic messages, including email, text message, or mobile push notification to, for example, send you information relating to our products and Services that we think may be of interest to you, communicate with you about contests, sweepstakes, offers, promotions, sales, specials, upcoming events, and other news about products and services provided by or through us through permissible targeted advertisements offered by us, our parent companies, our subsidiaries, our affiliates, and other business partners. See Your Choices, below, for how you can update the way we contact you.

7. YOUR CHOICES

1. Email. By using our Services, you agree that we may contact you by email as set forth herein. If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of future marketing email communications or Contact Us.
2. Mobile Push Notifications. By using our Services, you agree that we may contact you by calling or sending messages to your phone. You can use the settings on your mobile device to enable or turn off mobile push notifications from us or Contact Us.
3. Text Messages. You may sign up to receive text messages from Heather’s Gourmet Caramel Apples, its affiliates, or third-party service providers on behalf of Heather’s Gourmet Caramel Apples (e.g., on-site chats or text message marketing). By signing up for text messaging services or otherwise opting in to receive text messages (opting in via short code or entering your phone number into an on-site collection widget), you agree that you have provided Heather’s Gourmet Caramel Apples, its affiliates, or its third-party service providers with prior express written consent to be contacted by text message, including recurring automated promotional and personalized marketing text messages (e.g., discounts, cart reminders).
   • By providing prior express and/or prior express written consent, you agree to receive text messages under the Telephone Consumer Protection Act and related state laws, including by the use of an automatic telephone dialing system (ATDS) to deliver text messages to the mobile phone number which you provided to Heather’s Gourmet Caramel Apples and its affiliates. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Heather’s Gourmet Caramel Apples mobile messages are sent using a ATDS (or “autodialer”). We will use the Information provided by you in connection with the text messaging services in accordance with this Privacy Policy. Your consent is not a condition of any purchase or use of our Services and your consent to be contacted as described is voluntary. The number of text messages you receive may vary based upon the text messaging service(s) you sign up for. Message and data rates may apply.
   • You may revoke your consent and opt-out to discontinue test messages at any time. If you no longer want to receive text messages from us, reply STOP (or as otherwise instructed) in the text message or How to Contact Us.
4. Location Choices. You can change the privacy settings of your device at any time to turn off the sharing of location information with our Services. If you choose to turn off location services, this could affect certain features or services of our Services. If you have specific questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.
5. Opting Out of Direct Marketing. To exercise choices regarding the marketing information you receive, you may also review the following links:
   • You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices.
   • You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1 or visiting About Ads at http://optout.aboutads.info.
   • You can opt-out of having your activity on our Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser.
   • We do not track our visitors across third-party websites to provide targeted advertising and therefore we do not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your internet browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

     8. AGGREGATE AND DE-IDENTIFIED INFORMATION

We may aggregate, anonymize and/or de-identify any Information collected from you so that such Information can no longer be linked to you or your device. We may use aggregated, de-identified or anonymized Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.

 

     9. NO COLLECTION OF CHILDREN’S PERSONAL INFORMATION

We are committed to the preservation of online privacy for all of our visitors, including children. We sell products intended for purchase by adults (i.e., those age 18 or older). If you make a purchase, you are representing that you are an adult. We will not knowingly collect any personal Information from children under the age of 18 without the consent of that child’s parent or guardian. If you are a child under the age of 18, you are not authorized to purchase our products without consent from your parent or legal guardian. If we become aware that personal Information from a child under 18 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such Information from our database. If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of thirteen (13).

     10. WE OPERATE IN THE UNITED STATES

Our Services are operated in the United States, so your Information may be transferred to, stored, or processed in the United States. Please be aware that Information, including personal data, that we collect will be transferred to, stored, and processed in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. We collect and transfer to the U.S. only Information, including personal data, with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of Heather’s Gourmet Caramel Apples in a manner that does not outweigh your rights and freedoms. We endeavor to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with us and the practices described in this Privacy Policy. We also enter into data processing agreements and model clauses with vendors whenever feasible and appropriate.

     11. CHANGES TO THIS PRIVACY POLICY

We reserve the right to make changes to this Privacy Policy and to our information gathering and dissemination practices. If we decide to change this Privacy Policy, which we may do at any time without notice to you, we will update the “Last Updated Date” and any such changes will be effective upon posting. It is your obligation to check our current Privacy Policy for any changes.

    12. HOW TO CONTACT US

For privacy related questions or requests, to register a complaint, or if you want more information, contact us at:

Heather’s Gourmet Caramel Apples
253 West Central Ave.
Springboro, OH 45066

937-806-3445