We reserve the right to modify or amend this Policy at any time with or without notice, and for any reason. Changes to this Policy shall be effective when posted. In case of any material change to the Policy, we will provide notice on the Edible Sites of any update to the Policy and post the updated Policy. You are responsible for reviewing this Policy each time you use or access this Edible Sites. Your continued use of this Edible Sites are an acknowledgment and consent to any terms contained in this Policy, as it may be amended from time to time.
By visiting our Sites, you acknowledge and agree that you have read this Policy and agree to the collection, use and other processing of your information in accordance with the practices described in this Policy. If you do not agree to all or any of the terms, conditions and practices set forth herein, do not access the Edible Sites or any of its pages.
This Sites are intended for adult use only, and we do not knowingly collect any personally identifiable information from anyone under the age of 18.
SITE MANAGEMENT AND PRODUCTION
The Sites are managed by Edible Connect, LLC and exists for the purpose of disseminating information about Edible Arrangements, LLC and EDIBLE® products, and to provide a mechanism for our Edible Sites users to order our EDIBLE® products and participate in our promotional activities.
The Sites are hosted, and all information that you submit through this Edible Sites is collected, stored, and processed, in the United States.
MOBILE APPLICATION USERS
- Users of the Apple Application: If you download and/or use our Application(s) for iPhone or iPad: These Terms & Conditions incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms & Conditions, the Application is considered the “Licensed Application” as defined in the LAEULA and Edible is considered the “Application Provider” as defined in the LAEULA. If any of these Terms & Conditions conflict with the terms of the LAEULA, these Terms & Conditions shall control.
- Mobile Service, Internet and Service Fees: The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports and Application updates from Edible, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. Edible makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
- Device Authentication/Fraud Detection: We, or a third party acting on our behalf and at our direction, may collect information about your device to authenticate your device and to protect you and us against fraud. Specifically, we may collect your Device ID, GPS logs (which includes information about your location and movement) and device info logs (which includes information about your device’s operating system, model, brand, mac address). That information will be used solely for device authentication and fraud detection purposes.
COOKIES, OTHER TRACKING DEVICES AND THIRD PARTY SERVICE PROVIDERS
A cookie, also known as an HTTP cookie, web cookie, or browser cookie, is a small piece of data sent from a Edible Sites and stored in a user’s web browser while the user is browsing that Edible Sites (“Cookie”). Every time the user loads the Edible Sites, the browser sends the Cookie back to the server to notify the Edible Sites of the user’s previous activity. Web beacons (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses (“Web beacons”). Our Edible Sites’ web server automatically collects and we may use your Cookies, Web beacons, and other similar tracking technologies (collectively “Tracking Technologies”) to collect “non-personal” information as you browse our Edible Sites. Certain pages of this Edible Sites, and promotional email messages, or newsletters we send may contain Tracking Technologies that allow us to count users who have visited those pages and to determine whether messages have been opened and acted upon.
Some of these Tracking Technologies may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Tracking Technologies may be used by these service providers to place a persistent Cookie on your computer. Doing this allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views. The use of Tracking Technologies by third party service providers is within their control and not ours. We do not control their Edible Sites or their policies and practices regarding your information and you should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements or promotions and other sites you encounter on the Internet. This Policy does not cover any use of information that a third party service provider may directly collect from you and we do not undertake to confirm, investigate, or police their practices.
We use Tracking Technologies, web server log files and tracking code, and information we receive through the use of these Tracking Technologies to analyze trends, administer this Edible Sites, track users’ movement, and gather broad demographic information for aggregate use. Information of this type may be combined with other sources of information for these purposes. Specifically, through the use of web server log files and tracking code any or all of the following information may be accessed, collected, analyzed and stored during or after your visits to our Edible Sites: the name of the domain from which you access the Internet; the date and time you access our Edible Sites; the pages that you visit on our Edible Sites and the sequence in which you visit them; the amount of time that you spend on any given page of our Edible Sites; the Internet address of a website that you visited immediately before visiting our Edible Sites; the Internet address of a website from which you linked directly to our Edible Sites, if any; the Internet address of a website that you visit immediately after leaving our Edible Sites; the type of operating system on your computer; and the type of browser that you are using to view a Edible Sites.
The practice of collecting these Tracking Technologies is a standard practice on the Internet. If you do not want us to collect your Cookies, you can set your browsers or third party software to reject cookies. If you reject the Cookie, you may be unable to use portions of our Edible Sites that require registration, some pages of the Edible Sites might not function properly, and the Edible Sites experience will not be capable of being tailored to you from visit to visit. Please consult your web browser’s Help documentation for more information about how to turn these Cookies on and off for your browser. Cookies are placed on your computer, and accordingly we neither store Cookies on our computers nor forward them to any external parties.
By visiting our Edible Sites, whether as an EDIBLE REWARDS® member or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities through use of these Tracking Technologies and that we may use Tracking Technologies in the emails we send you.
USE AND SHARING INFORMATION
- Protection of Site and Others: We may preserve and have the right to disclose any information about you or your use of this Edible Sites without your prior permission if we have a good faith belief that such action is necessary to: (i) protect and defend our rights, property or safety or that or those of our affiliates or franchisees, other users of the Edible Sites, or the public; (ii) enforce the Terms for this Edible Sites and our EDIBLE REWARDS® program; or (iii) respond to claims that any content violates the rights of third-parties. We may also disclose information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
We will share aggregated demographic information with our affiliates, franchisees, subsidiaries, and other third parties. This type of information is not linked to any personally identifiable information that can identify any individual person.
While no data transmission over the Internet is 100% secure from intrusion, we have reasonable and appropriate security measures in place to attempt to protect against the loss, misuse, and alteration of your personally identifiable information under our control. We have taken reasonable steps to confirm the information is retained in secured facilities and that reasonable measures have been implemented for protection from unauthorized access.
The Sites utilizes industry-standard SSL technology to allow for the encryption of potentially sensitive information submitted to us in product orders, Rewards Account registrations and sign-ins. We conduct financial transactions via secured transmissions but may not always secure other parts of our Edible Sites. Edible uses thawte® SSL Certificates to offer secure communications by encrypting such data to and from the Edible Sites.
However, no security system is impenetrable. We cannot guarantee the security of our Edible Sites or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We ask that you do your part by maintaining any usernames and passwords you use to access the Internet or this Edible Sites strictly confidential.
WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME AND PASSWORD! If you receive such email communication, please forward it immediately to the Edible Sites’s Privacy Administrator at email@example.com and then immediately deletes the fraudulent email from your computer.
YOUR INFORMATION AND OPTING-OUT
If you do not wish to receive periodic mailings or emails, text messages, or telephone contact concerning our Edible Sites, our products and services, holiday, birthday and gift reminders, upcoming events, or your EDIBLE REWARDS® membership, you may opt-out of receiving such marketing or promotional communications by sending us a written request to the address listed below or by following the opt-out or unsubscribe instructions in the email or text you receive from us. In addition, you may deactivate your EDIBILE REWARDS™ membership by following the instructions in the EDIBLE REWARDS™ terms and conditions. You may inactivate your Edible Corporate Gifts (ECG) portal account or Edible For Business account by contacting Edible For Business concierge or following the instructions on the ECG portal. However, if you choose to opt-out of marketing or promotional communications, and/or deactivate your EDIBLE REWARDS® or ECG accounts, we reserve the right to contact you regarding your orders, technical support and any other matter that might affect our service to you, and/or your use of the Edible Sites, as applicable.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 (known as the “Shine the Light” law) requires certain businesses to respond to requests from California customers about personal information disclosed to third parties for the third parties’ direct marketing purposes. Edible does not disclose customers’ personal information to third parties for third parties’ direct marketing purposes. In the event we do so in the future, we will not disclose any of your personal information to third parties for third parties’ direct marketing purposes unless you consent at the time you provide such information.
ACCESS TO, AMENDMENT, AND DEACTIVATION OF INFORMATION
You can ask to review, correct, update, or deactivate the personal information that we maintain about you, including your EDIBLE REWARDS® member preferences or ECG account, at any time by sending a written request to the postal or email address set out below, or following the instructions in any promotional email you receive from us. We may take a reasonable period of time to respond. If you request the deactivation or change of information on our system, such information may be retained in our backup systems for a period of time subject to technology restrictions, or as a precaution against systems failures. Some information may be retained for longer periods as required by law, contract or auditing requirements.
LINKS AND USE OF SOCIAL MEDIA
We sometime use third party social media content we obtain from Twitter, Pinterest, Facebook on our Edible Sites and our social media platforms. The privacy protections provided on these third party social media sites are not part of our Policy and may differ from the privacy protections described in this Policy. If you upload content related to our Edible Arrangements, LLC products on third party social media sites, that share information with the general public, user community, and/or a third party social media Edible Sites it may be used or shared by us on our Edible Sites or our social media platforms to promote our Edible Arrangements, LLC products and services. Consequently, you should review the privacy policies of these third party sites before using it and ensure that you understand how your content maybe used. You can adjust your privacy settings on your accounts with these third party sites to match your preferences.
If you have any questions regarding this Policy, or want to have any personal information removed, please contact us at: Edible Connect, LLC
95 Barnes Road
Wallingford, CT 06492-1800 USA
Attn: Legal Department
Telephone: +1 203 774-8000
Facsimile: +1 203 774-0531