Effective Date of Current Policy: January 1, 2018
Overview
Promise Chocolates is committed to keeping our customers informed about how we use the information we gather from you through the use of each of our websites and services located at, or linked to, the URLs www.promisechocolates.com, www.promisechocolate.com, and through the use of any of our (a) holiday themed or customer segmented microsites (which contains a link to this privacy policy), (b) any mobile applications. Please read this privacy policy (“Policy”) carefully to understand how we will use and protect your personal information. We will not share your personal information with anyone except as described in this Policy. Changes to this Policy will be announced on each of our Sites at least ten (10) days in advance, so please check back periodically. By using any of the Sites or obtaining any product or service through any of the Sites, you agree to the collection and use of information as set forth in this Policy. If you do not agree to this Policy, please do not use any of the Sites. This Policy is incorporated into, and considered part of, our Terms and Conditions available at www.promisechocolates.com
Questions regarding this Policy should be directed to info@promisechocolates.com or we may also be contacted directly at (623) 738-5587
This Policy will explain the following regarding use of each of our Sites:
1. What information does Promise Chocolates collect from you or about you?
2. Where do we collect information from you and how do we use it?
3. Who is collecting your information?
4. With whom do we share your information?
5. How may you update, correct or delete your Personally Identifiable Information?
6. What are your choices regarding marketing correspondence?
7. How do we store your information and what security precautions are in place to protect against the loss, misuse or alteration of your information under our control?
8. How are cookies and clear GIFs used on our Sites?
9. How do we treat information related to children and privacy?
10. How does this Policy apply to third- party co-branded or private label websites accessible from our Sites?
11. How can you contact us about privacy questions or concerns?
1. What information does Promise Chocolates collect from you or about you?
In order to better provide you with numerous products and services, each of our Sites collects two types of information about its visitors: Personally Identifiable Information and Non Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Sites.
Personally Identifiable Information: “Personally Identifiable Information” refers to information that lets us know the specifics of who you are and can be used to identify, contact or locate you. Personally Identifiable Information is requested when you register with us, order a product or service, fill out surveys, participate in contests or sweepstakes, correspond with us, or otherwise volunteer information, for instance, through the use of one of our greeting, hint or reminder services or to request a catalog. Personally Identifiable Information might include your name, mailing address, telephone number, mobile phone number, email address, and other identification and contact information. If you are using a greeting, email a friend, hint or reminder service on one of our Sites, we may ask you to provide the name, mailing address, email address, telephone number, mobile phone number, age, date of birth, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, and certain holiday information that may reveal one’s religious background, so that we may send them or you an email, hint or reminder about an event that could be made more special with the gift of our products. We may also collect certain financial information, like your credit card number (or a check or money order if using such payment method while ordering via mail); whenever we do so, we will attempt to provide a link to this Policy so that you can confirm how this information will be used. With this information, we can fill your service and product orders and better provide you with personalized services. You also may have the option of importing information into certain Sites from third-party software. This information may include the types of information described above, as well as other types of information that you have entered into these third-party programs.
Non Personally Identifiable Information: “Non Personally Identifiable Information” refers to information that does not identify a specific individual by itself or in combination with other information. We may gather certain information about you such as age, date of birth, gender, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, certain holiday information that may reveal one’s religious background, as well as consumer purchasing information based upon where you shop on any one of our Sites. This information may be compiled and analyzed on both a personal and an aggregated basis. This information may include the website’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the Internet. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the Internet. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet, allowing Internet servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and shop.
2. Where do we collect information from you and how do we use it?
Our primary goal in collecting information is to provide our visitors with a superior customized online experience. Among other things, we use customer contact information to fill orders, contact prior purchasers to inform them of their order status, to trace false orders, to remind customers of events through our reminder service(s), to send our customers’ friends or loved ones greetings, emails or hints to send our products through a greeting, email a friend or hint service, and to send service emails, newsletters, and promotional emails from us or third parties. We may perform statistical analyses of aggregate or segmented customer behavior. This allows us to measure relative customer interest in the various areas of each of our Sites for product development purposes and to improve the design of our Sites. We may also use information to notify consumers about updates to our Sites, to complete user initiated transactions, to trace false orders and to contact consumers directly, or through our third-party service partners, for marketing purposes. In addition, we may seek to update you or your recipients’ personal information in our records through third party services that provide updated names, emails, addresses, phone numbers, birth dates and other information. We may then use this acquired information to enhance our services or marketing efforts to you or your recipients.
Shopping: We collect certain information from visitors while shopping on our Sites for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our Sites. We collect information from visitors to each of our Sites regarding the referring URL, your IP address, which browser you used to come to any one of our Sites, the country, state and telephone area code where your server is located, and the pages of any one of our Sites that you viewed during your visit.
Ordering: When you order from us, we collect Personally Identifiable Information from you. If you order one of our products or services, we will collect and maintain your name, email address, mailing address, telephone or mobile number, product selections, credit card number (or check or money order information if using such payment methods while ordering via mail), order number, referring URL, IP address and a password, as well as the recipient’s name, address, telephone or mobile number and email address. We collect this, and other information, as disclosed in this Policy, in order to fill your order, to communicate with you or the recipient (as appropriate) about your order (“Operational Emails”), to send you newsletters and promotional emails (as described below), and trace false orders. Before confirming your order, you will have the opportunity to review the product order form and make changes and additions to the information it contains and these changes will be automatically kept for future use. If you cancel an order or do not complete an order we may collect and use any email address or other information that you have entered as we would collect and use it if you had completed an order. Please note that our Operational Emails about your order may contain some additional marketing offers from us or our trusted third party partners. Should you not wish to receive such Operational Emails from us, please do not order products from us or our Sites. If you have supplied us with your telephone number(s) you may receive telephone calls from us with information or requests for information regarding an order you have placed.
Track/Modify Order: If you use our Track & Modify Your Order service we will gather your email address and account password, if you have one, in order to locate your order so that we may give our most recent tracking information, or so that you may modify the order. If you choose to modify your order, we may collect information that we would normally collect when you order products, as explained in the above paragraph.
Mobile Applications: Our mobile applications utilize a unified platform which facilitates consistency across our mobile experience. Information added or available to one of our mobile applications will be accessible across our suite of different mobile applications and the Sites. By utilizing one or more of our mobile applications you authorize us to share information among our family of mobile applications and you understand that by using the mobile applications the information we share and utilize will be governed by this Privacy Policy. Our mobile applications will be able to access information based on the permission you grant and settings on your device or browser. Our mobile applications may also have the ability to provide mobile notifications on your device. You may control mobile notifications individually via your account settings in each application and generally via your device settings.
Address Book: If you add a friend to your “Address Book” we collect the friend’s name, address, telephone number and email address. If you place an order, recipient addresses will automatically be saved in your Address Book. In addition, you may manually enter this information into the Address Book, or use the “Import” feature, via one of our mobile applications or websites, to import contacts information from your device or from an account that you have with a third-party service. Your Address Book will be stored locally on your device as well as on our servers. We use Address Book information to provide to you the features and functionality, for example, allowing you to send a gift or postcard to your friend.
Information We May Receive from Third Parties: We may receive information about you from third parties. For example, if you access the Sites through a third-party connection or log-in through Instagram, Twitter, Facebook Connect or other third-party service, by “following,” “liking,” linking your account to the Sites, etc., that third party may pass personal information about you to us, including without limitation, your name, birthday, gender, user ID number, user ID number of your friends, the email address associated that account, your profile picture, your physical location, your photos, photo likes, photo tags, and an access token to authenticate to the third-party service. We use this information for the same purposes that we use personal information that you provide to us directly, as well as to allow you to login to the Sites and to facilitate social sharing functionality. We may also collect additional information regarding your hobbies, interests or "likes" that you make available through your profile on the third-party service, any other information that you have permitted the third party to share with us, and any information you have made public in connection with that service. We may use the additional information to suggest content to you that we believe you will find interesting. We may group this information with your personal information, in which case we will treat the combined information as personal information.
Notices to Recipients: If you are a customer and choose to place an order without a delivery address, we may contact the recipient via email, notify them you placed an order and ask for an address to deliver the order. We may also attempt to determine the recipient address from information already available to us (e.g. the recipient has previously provided us an address). If you are a recipient, we may send you an email informing you that an order was placed and ask for an address to ship the order; information submitted in response to such a communication will be governed by this Privacy Policy. In addition, if you are a recipient of an order placed by a third party we may send one or more emails regarding the order, including regarding customer service issues. In addition, we may send you newsletters and promotional emails to the extent permitted by applicable laws. We may also telephone you regarding the shipment of your order.
Contests and Sweepstakes: We may from time to time conduct contests, sweepstakes or other promotions. Customers who choose to participate may be asked to provide Personally Identifiable Information. That information may then be used by us for such purposes as notifying winners and fulfilling promotional obligations as well as providing newsletters and promotional emails (as described below).
Newsletters, Promotional Emails and Promotional Mobile Notifications: We may offer free electronic newsletters, promotional emails and promotional mobile notifications for products and/or services offered on any one or more of our Sites, or from our third party partners, as a service to our prior customers from any of our Sites. We may send you newsletters and emails periodically listing current specials and deals from us or through our third party service partners. There may be opportunities to subscribe to an email list that will send you information about the events on our Sites, but we will only add you to the list with your consent. You may opt out of receiving any such newsletters and promotional emails as described below. You may opt out of receiving mobile notifications through your account settings and your device settings.
Cookies/Clear GIFs: In conjunction with our third-party service partners, we make limited use of cookies and clear GIFs to gather information when you visit any one of our Sites, make a purchase and when you click through to any one of our Sites from a targeted email, newsletter or partner site. We may also use cookies and clear GIFs to gather and compile such information about you when you return to our Sites so that we may better customize our services to you. To find out what cookies and clear GIFs are and how they can be used, please refer to Section 8 of this Policy below.
Other Information You Provide: If you contact us by telephone, email or letter, we may keep a record of your contact information, correspondence or comments. If you report a problem with any one of our Sites, we may collect such information in a file specific to you. If you provide us feedback through any one of our Sites, by email or by calling one of our customer service representatives, we may ask for your name and email address in order to send you a reply. If other users or third parties send us correspondence about your activities or purchases on any one of our Sites, or if you are the recipient of products sent by another customer, we may keep the information in a file specific to you. If you are using a greeting, hint or reminder service on one of our Sites, we may ask you to provide the name, mailing address, email address, telephone number, mobile phone number, age, date of birth, anniversary date or other personal annuity date of you, a friend, a loved one, family members or other third parties, and certain holiday information that may reveal one’s religious background, so that we may send them or you a hint or reminder about an event that could be made more special with the gift of our products. We store this information for the purpose of sending one or more emails in connection with such an event.
Co-Branded or Private Label Sites: With respect to our co-branded or private label sites maintained by us in conjunction with our business partners, we may share information collected by us to our business partners under our separate agreements with them. These business partners may use your personal information to communicate with you about offers from us as well as offers from such partners. If you opt out of receiving newsletters and promotional emails from us, you will automatically opt out of receiving newsletters and promotional emails from such business partners through their use of personal information which we collected from you on our co-branded sites and which we provided to such business partners. We may ask you to share your information with our business partners via an opt in or opt out request on such sites. Please note that with respect to personal information our third-party business partners may collect from you independent of us and outside the scope of co-branded or private label sites maintained by us on our servers, we will have no control over the use of such information by such third-party business partners and the use and gathering of such data will be subject to the third party’s privacy policies.
3. Who is collecting your information?
Except as otherwise expressly discussed in this Policy, we are the only entity collecting your information. This Policy only addresses the use and disclosure of information we collect from you. We encourage you to ask questions and to be very cautious before you disclose your Personally Identifiable Information to others.
Third-Party Advertising Service Partners: We may utilize third-party advertising service partners that may collect information about you on our behalf through the use of cookies or clear GIFs when you click on its advertisements, open promotional emails or newsletters, or visit our Sites via a link on another website or in a promotional email or newsletter. Any Personally Identifiable Information that may be gathered in this manner is solely for our use; however, the third-party advertising service partner may use this information in a non personally identifiable form for its own purposes.
4. With whom do we share your information?
Except as otherwise stated in this Policy, we do not sell, trade or rent your Personally Identifiable Information collected on our Sites to others. You expressly consent to the sharing of your Personally Identifiable Information with third-parties as described below.
Third-Party Service Providers: We may share your Personally Identifiable Information with our third-party service providers for tracking purposes, to charge your credit card (or process your check or money order, as appropriate), fill your order, support advertising services, improve the functionality of our Sites, customize our marketing efforts with you and perform statistical and data analyses, deliver your order and deliver promotional emails to you from us, or to provide us other services we request. These third parties may not use your Personally Identifiable Information other than to provide the services requested by us.
For example, we must release your credit card number to confirm payment and release your mailing address information to the delivery service providers to deliver products that you ordered. We may utilize technology services providers and software as a service providers to host, store and serve information.
Sharing Through Social Media: We may share your information with your friends associated with your social media account, to other website users and as well as to your social media account provider, in connection with your social sharing activity (e.g., if you connect your social media account to your Site account or log-into your Site account from you social media account). By connecting your Site account and your social media account you authorize us to share information with your social media account provider and you understand that the use of the information we share will be governed by the social media site’s privacy policy. Further, depending on your various social media account privacy settings (as controlled by such third party social media platform), certain sharing features may result in public disclosure of your information. If you do not want your information shared with other users or with your social media account provider, please do not connect your social media account with your Site account and do not participate in social sharing.
Enforcement of Law and Other Disclosures: We may disclose Personally Identifiable Information if we believe in good faith that such disclosure is necessary to comply with relevant laws or to respond to subpoenas or warrants served on us or to protect or defend the rights, property, or safety of our users, others and ourselves. For example, we may release account information when we believe that such release is reasonably necessary to enforce or apply our Terms and Conditions of Use or to protect or defend the rights, property and safety of our users, others and ourselves. We may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
5. How may you update, correct or delete your Personally Identifiable Information?
Information About You: During the online ordering process you can review, change or delete the information that you have submitted. You may change your personal information in your account(s) online at any time. You may ask us in writing via mail or email info@promisechocolates.com to have the information on your account deleted, updated or corrected; however, because we keep track of past purchases, you cannot delete information associated with past purchases. We may also be required by law or otherwise to keep certain information and therefore will not delete it or will delete it only after we have fulfilled the applicable requirements. Note that we may retain changed or deleted information for archival or other purposes.
Information About Others: As described above, if you are using a greeting, hint or reminder service on one of our Sites, we may ask you to provide certain information about you, a friend, a loved one, family members or other third parties. You, the loved one, friend, family member, or other third-party, may contact us at info@promisechocolates.com to request the removal of such information from our database.
6. What are your choices regarding marketing correspondence?Our Newsletters, Promotional Emails and Promotional Mobile Notifications: You will have the choice to opt out of receiving
newsletters, promotional emails and promotional mobile notifications for products and/or services offered on any one or more of our Sites. Once we have processed your request, we will not send you promotional emails with respect to products and/or services offered by us through the particular Site(s) of which you had opted out unless you opt back in to receiving such communications. If you make a purchase or an attempted purchase on one of our Sites, you will be opted back in to our newsletters and promotional communications until you opt out or unsubscribe once again. In addition, we may offer the ability to receive promotions through SMS. If you wish to opt out of SMS messaging you may reply to any message with ‘STOP’ or contact us info@promisechocolates.com.
If we send you a communication requesting your consent or permission (a “consent”) in connection with this Policy or our Terms and Conditions (including a consent to modifications thereto), such consent is deemed to be given unless (a) you contact us to withhold such consent within the time stated in the communication (“opt out”) or (b) applicable law expressly prohibits an opt out with respect to such request for consent.
7. How do we store your information and what security precautions are in place to protect against the loss, misuse or alteration of your information under our control?
By using or accessing the Sites, you expressly acknowledge and agree that your information may be stored and processed in the United States or any other country in which Promise Chocolates, affiliates or service providers maintain facilities. Please note that we may transfer information that we collect about you, including personal information, to affiliated entities, service providers or other third parties across borders, from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, you should be aware that we may transfer information about you, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you expressly consent to (i) the transfer of information to the U.S. or any other country in which Promise 54, Inc. (ii) the use and disclosure of information about you as described in this Privacy Policy.
We employ reasonable security measures to protect the security of the information you submit to us. Our servers protect this information using password protection and advanced encryption, and we may use firewall technology for additional protection.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking institutions, process agents and distribution institutions. They receive the information they need to verify and authorize your credit card transactions and to ship your order. When collecting credit card information for online purchases, we offer secured server transactions that encrypt your information in transit to thwart someone from intercepting it and misusing it. When you access your account information, the information is kept on a secure server. Furthermore, all of the customer data we collect is protected against unauthorized access by physical security means.
We also encourage our partners and service providers to adopt and follow stringent consumer privacy policies.
8. How are cookies and clear GIFs used on our Sites?
Cookies: Like many other commercial sites, our Sites utilize standard technologies called “cookies” and clear GIFs to collect information about how each of our Sites is used, and provide direct personalized marketing from Promise Chocolates. A cookie is a small data text file, which a website stores on your computer’s hard drive (if your web browser permits) that can later be retrieved to identify you to us. Cookies were designed to help a website recognize a user’s browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie cannot be read by a website other than the one that set the cookie. Cookies can securely store a customer’s password, personalize home pages, identify which parts of a site have been visited or keep track of selections, such as those selected in a “shopping cart.” For instance, cookies allow us to prepopulate (or fill in) an email field with your email address if you revisit one of our Sites and place an order. A cookie cannot retrieve any other data from your hard drive, pass on a computer virus, or capture your email address. You can refuse cookies by turning them off in your browser.
We send a cookie to your hard drive when you make an order to record the product name, category of product that you ordered, the amount paid, the order number and any referral codes. No Personally Identifiable Information is recorded. When you click through to any one of our Sites from a promotional email, our third-party advertising service partner may send a cookie to your hard drive recording your IP address and other related information. For additional information about third party advertising, including a method of opting-out of such advertising, click here.
Clear GIFs: At times, we work with third-party service partners that employ clear GIFs (also known as pixel tags, single pixel GIFs, web beacons or action tags) for our benefit or the benefit of a third-party to help us or such third-party measure advertising effectiveness. Clear GIFs help us better manage content on our Sites by informing us of what content is effective. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of our users. The main difference between the two is that clear GIFs are invisible on the page and are much smaller, about the size of the period at the end of this sentence.
These third-party service partners use clear GIFs: (i) in HTML based emails to let us know which emails have been opened by recipients; (ii) to record when products have been ordered from our Sites; and (iii) to track the visitor traffic on our Sites. These clear GIFs allow us to measure the usage of each of our Sites by our visitors and the effectiveness of certain communications and marketing campaigns. We may also use clear GIFs in a similar manner in our own emails and on our Sites.
Clear GIFs can “work with” existing cookies on a computer if they are both from the same website or advertising company. That means, for example, that if a person visited “www.fakecompany.com”, which uses an advertising company’s clear GIF, the website would match the clear GIFs identifier and the advertising company’s cookie ID number, to show the past online behavior for that computer. This collected information can be shared with the advertising company. We do, at times, provide such information to our third-party advertising service partners, but that information can only be used by our partner for our benefit.
9. How do we treat information related to children and privacy?
The Children’s Online Privacy Protection Act took effect on April 21, 2000, and imposes certain requirements on websites directed toward children under 13 that collect information on those children, or on websites that know they are collecting Personally Identifiable Information from children under the age of 13. We want to let you know that it currently is our policy not to collect Personally Identifiable Information from any person under 13 because children are not permitted to use the Sites or services on the Sites, and we request that children under 13 not submit any personal information to us via the Sites. As one measure to ensure that we do not gather Personally Identifiable Information from children, we require that all individuals provide a valid credit card number before completing a purchase order. If we learn that we have inadvertently gathered Personally Identifiable Information from children under 13, we shall erase such information from our records and terminate the applicable account. Our greeting, hint or reminder services are designed not to gather birthdates (with years) or other personal information directly from children under 13. However, there may be instances where you will be allowed to enter birthdates (with years) for children under 13 while using one of our greeting, hint or reminder services whereby no Personally Identifiable Information, other than name, may be linked to such child. This process is designed so that we will not knowingly market to such children under 13 while being able to provide you with increased functionality for our greeting, hint or reminder services.
10. How does this Policy apply to third-party, co-branded or private label websites accessible from our Sites?
Other sites accessible through any of our Sites have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties.
11. How can you contact us about privacy questions or concerns?
If you have any questions about this Policy, the practices of any of our Sites, or your dealings with any of our Sites, please contact us by sending an email to info@promisechocolates.com