PRIVACY POLICY

Olive & Cocoa, LLC is a catalog and web-based direct marketing company located in Salt Lake City, Utah (“Olive & Cocoa,” “we,” “us,” or “our”). Olive & Cocoa specializes in unique, design driven gift crates and floral arrangements.

This privacy policy (“Policy”) sets forth the personal data that Olive & Cocoa collects from you through our interactions with you and the interactions of third parties who support us or who work with us to provide Products and Services to you. The Policy discusses how we use that personal data and how you may interact with us about your personal data.

This Policy covers:

Please read this Policy carefully to understand our policies and practices regarding your personal data and how we will treat it. By submitting personal data to us and/or by using our website, you give your consent that all personal data that you submit may be processed by us in the manner and for the purposes described below. If you do not want us to process your personal data, please do not provide it, but you may not be able to take advantage of our Products and Services or certain features of our Products and Services. For example, we need to collect personal data from you so that you can pay for our Products and Services and we can ship them to you or your giftee.

This Policy is incorporated into, and subject to, the terms of our Terms of Use (available on our website).

1. Scope of the Policy

This Policy applies to all personal data provided to us on our website, www.OliveAndCocoa.com, personal data we obtain from our social media platforms, such as Twitter (https://twitter.com/oliveandcocoa), Facebook (https://www.facebook.com/oliveandcocoa), Instagram (https://www.instagram.com/oliveandcocoa/?hl=en), Google+ (https://plus.google.com/+oliveandcocoa), LinkedIn (https://www.linkedin.com/company/olive-&- cocoa-llc/), Vimeo (https://vimeo.com/oliveandcocoa) and Pinterest (https://www.pinterest.com/oliveandcocoa/), personal data you provide us about yourself and others when you order our Products and Services, personal data contained in our payment systems and obtained in our business communications, marketing communications, promotions, trade shows, call center, communications via social media, comments, emails, live chat, facsimiles, phone conversations, in person conversations, business cards and any other methods of communication, all support services we may offer, all personal data provided through third parties who support us or who work with us to provide our Products and Services to you, and all oral and written communications about job applications (collectively our “Products and Services”). This Policy does not apply to any third-party site or service linked to or from our website or social media channels or any site or service recommended or referred to by our website or by our staff. It also does not apply to the third parties who host our social media channels.

Please note that our ordering systems do not currently service those in the European Union (“EU”).

2. Transfers of Personal Data Outside the EEA

The personal data that we collect from you may be transferred to, and stored at, a destination outside of the European Economic Area (“EEA”), which may provide different or less comprehensive privacy and/or security protections for the personal data. By submitting your personal data, you are agreeing to this transfer, storing or processing outside the EEA. If we transfer your personal data outside of the EEA in this way, we will take steps to ensure that your personal data is treated in accordance with this Policy.

3. Information We Collect

We collect personal data from you in several ways while we market our Products and Services, interact with our customers, store users’ data and provide our Products and Services. You provide us with personal data directly, we collect personal data automatically and we may get personal data about you from other sources. We may collect personal data from you when you create an account, use our website to learn more about our products, provide comments and suggestions, sign up for newsletters, enter promotions, interact with us on our social media channels, order Products and Services, sign up for events or trade shows, submit content or send us feedback. If you do not want us to collect this personal data, please do not provide it. We also may get personal data about you from our service providers, our sales channels and our customers who may be sending you our Products and Services.

  1. Information You Provide to Us.
    1. User information. User information includes, without limitation, personal data:
      • •About prospective and current customers and other parties interested in Olive & Cocoa and its Products and Services.
      • •Collected about our customers and the individuals to whom they send our Products and Services such as name; physical addresses for work, home and other locations; phone numbers; email addresses; payment information; delivery contact names, phone numbers and addresses; and birthdates.
      • •You provide us to receive our catalogs, newsletters, information on our social media channels, and other information necessary to receive promotions and discounts.
      • •You provide to us in any online forms or in your communications with us, including without limitation by email, facsimile, live chat, telephone and our social media channels.
      • •Used by you to sign up for an account on our website, including user name, password, information to reset user name or password, alternative forms of payment, address book information for individuals to whom you may choose to send our Products and Services and other details that you choose to maintain in your account.
      • •You share about yourself or others so that we may assist you in selecting your preferred Products and Services. This can include shipping information and personalized notes to recipients.
      • •You share with us when you ask questions about our Products and Services, placing orders, obtaining status of orders, requesting replacements or returns and other ordering details.
      • •That you make public, including photographs, videos and other content.
    2. Business account information. Business account information is businesscontact information and other personal data that we collect from individuals who represent companies that do business with us. This includes businesses that order gifts for employees and others, and our service providers and businesses that market our Products and Services. Business account information includes, without limitation, the following types of personal data: name, title, job function, business name, business address, business email address, business phone number, personal logins, passwords, electronic signatures, payment information, orders, name and contact details for recipient(s) of Products and Services, and any other personal data collected when the business enters into a business relationship with us, provides us with its goods or services, shares account information with us, including without limitation when the business selects, orders or receives Products and Services, provides or receives payment, or provides us with personal data, such as shipping information and personalized notes, about individuals who may receive gifts from the business.
    3. Job applicants. We may collect information about you during the application or recruitment process, including your name and contact details, qualifications, skills, references, current and preferred benefits, salary, Curriculum Vitae, cover letter, work experience, education, and transcripts; information you provide us when submitting applications or participating in interviews; whether you have a disability for which the organization needs to make reasonable accommodations; information about your ability to work in a specified location; information about moving; information from your passport, driver’s license, or other identity or credential documents; and other information required by law or deemed necessary by us to evaluate your candidacy.
  2. Information We Automatically Collect from You When You Use the Products and Services. The information we collect automatically may include personal data, or we may maintain it or associate it with personal data we collect in other ways or receive from third parties such as our customers who provide your personal data for us to provide our Products and Services to you.
    1. Information collected through our cookies, web beacons, and other tracking technologies. We, or service providers on our behalf, may use technologies such as “cookies,” “web beacons,” “tags,” “scripts,” and other tracking technologies to automatically collect personal data from you when you use the Products and Services. Cookies are small amounts of data that are stored within your Internet browser, which save and recognize your browsing habits. Olive & Cocoa uses both session cookies (which track a user’s progression during one site visit) and persistent cookies (which track a user over time). Web beacons (also called pixel tags or clear GIFs) are web page elements that can help deliver cookies, count visits, track browser type, identify your internet protocol (“IP”) address, understand usage and marketing campaign effectiveness, recognize certain types of information on your computer, in your email or on your mobile device, such as the time and date you viewed a page, which emails are opened, which links are clicked and similar information. We use cookies to help us provide you with a more personalized experience and to improve our Products and Services. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Products and Services, but your ability to use some features of our Products and Services may be limited. We may rely on third parties to manage our advertising on other websites. They may use technologies such as cookies and web beacons to gather information about your browsing on our website and on other sites to provide you advertising based upon your browsing activities and interests. Please note that if you disable cookies, some Products and Services or website functionality may not be available. We use the following types of cookies:
      • Essential cookies. These are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website and to use online forms.
      • Functional cookies. These are used to recognize you when you return to our website so we can personalize our content for you, greet you by name, and remember your preferences. These cookies also record your visit to our website, the pages you visited and the links you followed. We use this information to make our website and communications more relevant to your interests.
      • Analytical cookies. These allow us to recognize and count the number of visitors and see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users can easily find what they are looking for.
      • Marketing/targeting cookies. On our Products and Services, we might use remarketing cookies of certain display advertising service providers. These display advertisements to users of third-party websites that have previously visited one of our Products and Services. For this purpose, we collect the information that a certain user has viewed specific Products and Services. This information is linked to a marketing cookie – a text file that is placed on your device by the display advertising service provider. When you visit other websites, specific advertisements regarding our Product and Services, including without limitation promotional offers, may be displayed to you based on your past visit to our Products and Services.
    2. Log files. We gather certain personal data automatically and store it in log files. This information may include IP addresses and usage data such as browser type, browser language, device identifier, Internet service provider (ISP), referring/exit pages, length of visit, pages viewed, operating system, date/time stamp, clickstream data, crashes, system activity, hardware settings, date and time of requests, referral URL and other usage data. We may combine this automaticallycollected log information with other information we collect about you. If you call or fax us, we may also log information such as your phone number, forwarding calls, SMS routing information and types of calls.
    3. Products and Services Use. We may use technologies to automatically collect personal data from you when you use the Products and Services, including without limitation details of how you use our Products and Services and your search queries. We collect this personal data to, among other things, provide you information and perform benchmarking based on your use of the Products and Services, which are used in analyzing trends, making decisions about whether to continue to offer or improve certain Products and Services, developing new Products and Services, tracking users’ utilization and gathering information about our customer user base as a whole. We also collect data from third party platforms, such as social media or other comment platforms, to receive your comments and respond to questions or comments that you present to us or about our Products and Services.
    4. Devices. We may automatically collect information about the devices accessing our Products and Services, such as the type of device, the version of the operating system and the device identifier (UDID). We may associate your device identifiers and phone number with the account(s) you opened with us.
    5. Location information. When you use our Products and Services, we may collect and process personal data about your location. We may use IP address, beacons, GPS and other sensors that provide information about nearby devices, Wi-Fi access points and cell towers.
    6. Local storage of information. Our Products and Services may collect and store personal data locally on your device, including without limitation browser web storage, local drive storage and application data caches.
  3. Information We Get from Others. We may get personal data about you from other sources such as our customers and businesses sending gifts to employees and others. We may add this personal data to the information we collect on you.

4. How We Use the Infomation We Collect

We may use personal data collected from or about you for any of the following purposes:

  1. Verify Users. Authenticate your identity, including without limitation to provision or grant you access to your account, change user credentials, respond to requests for information about your orders, your personal data and details about our business relationship.
  2. To Respond to Your Requests or to Tailor Content. We may respond to your inquiries or requests, which may include processing orders, sending confirmations, providing invoices, and processing requests for information about our Products and Services. We may use your personal data to customize your Products and Services. We may also use your personal data to provide you with more relevant information and advertisements about our Products and Services.
  3. To Provide Products and Services to You. We may use personal data that we, or others on our behalf, collect from you to ensure that we deliver our Products and Services to you and to communicate with you about the status of our delivery of Products and Services. We may provide support and related Products and Services information via our website or social media channels and through businesses with whom we market or sell our Products and Services. We may also use your personal data to provide you Products and Services updates and notices. We may keep a record of and/or save your communications and ours to provide improved customer service to you and others, including without limitation recordings of customer support calls, retention of live chat communications and email correspondence. We may use your data as necessary to maintain our business relationship with you and/or to fulfil our commitments to you.
  4. To Provide Informational Services. We may use personal data while providing online information such as status of delivery, comments or public communications. We may also do this while delivering live or online events such as training or participating in trade shows, including at third-party events sponsored by Olive & Cocoa or where Olive & Cocoa presents or participates.
  5. Prevent Improper or Illegal Activity. We may use personal data to protect, investigate and deter against fraudulent, unauthorized or illegal activity.
  6. To Assist You in Making Payments. We may use personal data, including without limitation your financial information, to bill you for Products and Services and to process your payments.
  7. To Meet Legal Requirements. Olive & Cocoa may be required to provide personal data to comply with reporting, subpoenas, court orders, or other legal process requirements or to investigate or resolve legal matters.
  8. To Market and Improve Our Products and Services and to Create New Products and Services. We may inform you about our Products and Services or events and perform other marketing activities. We may also use personal data for analytics purposes and to operate, maintain and improve our Products and Services. We may also use personal data to create new Products and Services.
  9. Contests, Sweepstakes, Promotions and Rewards. We may use personal data to administer and process contests, sweepstakes, promotions and rewards, including without limitation sending emails about such activities, processing entries, notifying participants of winners, complying with applicable laws and regulations and delivering rewards. Your consent to promotional use and disclosure of your contest, sweepstakes, and /or rewards information may be a condition of receiving any prize and will be subject to our Terms of Use. You will be informed of any such condition at the time of entry into the contest, sweepstake, promotion or reward.
  10. With Your Consent. We may share some or all of your information to any other third party with your affirmative consent. For instance, we display personal testimonials of satisfied customers in addition to other endorsements. By communicating feedback with us, we may use that feedback in published materials. To delete your published feedback, contact us at customerservice@oliveandcocoa.com.
  11. Anonymized or Aggregate Information. We may share aggregate or de-identified information without restriction. If personal data is subject to General Data Protection Regulation 2016/679 (“GDPR”), then the data will only be considered aggregate information under this Policy if it has been anonymized in compliance with GDPR.
  12. Job Application Data. If your application is successful, we may share your job applicant information with other third parties to obtain references, perform background checks, and other actions necessary for the employment process.
  13. Business Maintenance. We may use your personal data as necessary to perform as a business, to prepare our financials, to prepare materials for accounting, to perform internal audits, to assess the quality of our Products and Services, to pay taxes, and to perform other regular business operations.
  14. Other Purposes. We may use personal data for any other legal, business or marketing purposes that are not inconsistent with the terms of this Policy and applicable laws and regulations.
  15. Examples of How We Use Cookies
    1. Store your preferences and settings. Settings that enable our website to operate correctly or that maintain your preferences over time may be stored on your device. We may save preferences, such as device (e.g., computer, laptop or mobile device) language, browser and multimedia player settings, so you do not have to set them every time you visit our site. If you opt-out of interest-based advertising, we store your opt-out preference in a cookie on your device. Cookies can also help you fill out forms on our site.
    2. Sign-in and authentication. When you sign into one of our Products and Services using your personal account, we store a unique ID, and the time you signed in, in an encrypted cookie on your device. This cookie allows you to move from page to page within the site without having to sign in again on each page. You can also save your sign-in information so you do not have to sign in each time you visit our site.
    3. Security. We use cookies to enable and support our security features, to detect fraud and abuse or other malicious activity on our Products and Services, and violation of our Terms of Use.
    4. Store information you provide to our website. When you provide personal data to our website, we may store the information in a cookie.
    5. Social media. Some of our Products and Services include social media cookies, including without limitation sharing service offering pages and blog posts from our website using our sharing links and enabling users who are logged in to the social media service to share content via that service.
    6. Feedback. We use cookies so you can provide feedback on our Products and Services.
    7. Performance, analytics and research. We also use cookies to provide and improve our Products and Services and your experience. We use cookies to ensure even performance of our Products and Services and to gather usage and performance data. We use cookies to count the number of unique visitors to a web page or service and to develop other statistics about the operations of our Products and Services. This includes cookies from us and from third-party analytics providers. We also use cookies to understand, improve and research how you use and interact with our Products and Services.
    8. Targeted marketing. We may use cookies to provide you with target advertising based upon your interests or places you have visited or specific Products and Services you have viewed.

5. “Do Not Track” Requests

Your Internet browser and mobile device may allow you to adjust your browser settings so that “do not track” (“DNT”) requests are sent to the websites you visit. We do not process DNT signals. Our third-party service providers may also not respond to DNT signals.

6. How We Share Your Information with Third Parties

Olive & Cocoa may disclose personal data in the following circumstances:

  1. Customers. Olive & Cocoa will share details about a customer account with that customer, including without limitation all orders and deliveries with its customer and information about the details of the individuals receiving gifts from the customer.
  2. Business Partners and Subcontractors. Olive & Cocoa shares personal data with business partners and subcontractors, including without limitation marketers, analytics companies, vendors, service providers, suppliers, transport companies and other businesses that support our Products and Services. These third parties assist us in our business including maintaining our website, creating and mailing our catalogs; marketing and selling our Products and Services; creating and improving our catalog and other marketing lists; fulfilling orders; developing and improving products;
  3. calculating costs and amounts owed; facilitating the processing of payments and returns; communicating with you about our website, Products and Services, orders or issues with Products and Services such as payment and delivery; troubleshooting problems; transporting our Products and Services; communicating marketing and promotional offers; providing customer service; and administering any contract we have with an individual or entity or to accomplish a legitimate business need. Amazon Web Services Content Delivery Services hosts some of our pictures. Amazon Web Service’s privacy policy may govern your processing when you view some of the pictures available from our website.
  4. Mailing List Companies. We occasionally share portions of our mailing list of individuals in the United States with carefully selected companies. If you do not wish your mailing address to be shared, or do not wish to receive our catalogs or emails, please contact us by phone, email or mail. You can contact us at customerservice@oliveandcocoa.com.
  5. Third-Party Analytics Providers. Olive & Cocoa shares personal data with third parties that conduct marketing studies and perform data analytics, for example:
    • Google Analytics. Used to analyze site traffic to our website. We may also use Google Analytics in conjunction with Google’s advertising services, such as those using the DoubleClick cookie. With this capability, we or Google may link Google Analytics information with information about visits to multiple sites. We use these tracking technologies to provide tailored advertising and evaluate our marketing efforts. We also use Google AdWords conversion tracking which tracks your use of the website after an advertisement has been clicked. For more information about how Google collects and processes data when you visit websites that use Google technologies, please see “How Google uses data when you use our partners’ sites or apps” (Link). You may visit your Google ad settings here. You may opt-out of being tracked by Google Analytics by using the Google Analytics Opt-Out Browser Add-On (Link).
    • Bazaarvoice, Inc. This custom interaction tracker helps us improve the customer experience. Unless you opt out, your personal data will be shared with Bazaarvoice. Bazaarvoice’s privacy policy is here, and you may opt out of their tracker here.
    • Facebook Connect. This social media tracker and Facebook Custom Audience pixel advertising tracker is used for retargeted advertising. Facebook’s privacy policy “Information from partners” is here and Facebook’s Cookie Policy is here. You may opt out of their trackers here.
    • Listrak. Gives us an integrated digital marketing platform to help create a more personalized customer experience. Unless you opt-out, your personal data will be shared with Listrak. Listrak’s privacy policy is here, and you may opt-out of their tracker by calling us at 800-538-5404.
  6. Transfer or Assignment in Connection with Business Transfers or Bankruptcy. In the event of a merger, acquisition, reorganization, bankruptcy or other sale of all or a portion of our assets, personal data owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your personal data and other information we have collected from users of the Products and Services or individuals who provide us personal data under this Policy to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred personal data will be subject to this Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
  7. Response to Subpoenas or Court Orders; Protection of Our Rights; Safety. Olive & Cocoa shares personal data as required or permitted by law, regulation, legal process or other legal requirement, or when we believe in our sole discretion that disclosure is necessary or appropriate, to respond to an emergency or to protect our rights, protect your safety or the safety of others, prevent and investigate fraud, or comply with a judicial proceeding or subpoenas, court order, law-enforcement or government request, including without limitation to meet national security or law enforcement requirements, or other legal process and to enforce our agreements, policies and Terms of Use.
  8. Publicly Posted Content. If you post comments, images and other content to a public-facing page, that personal data (associated with your user name) will be publicly viewable.
  9. With Your Consent. We may share some, or all, of your personal data to any other third party. For instance, we display personal testimonials of satisfied customers on our site in addition to other endorsements. We may post your testimonial along with your name. To update or delete your testimonial, contact us at customerservice@oliveandcocoa.com.
  10. Anonymized Data. We may share personal data that has been anonymized in a manner so that it is no longer considered personal data by applicable laws and regulations.

7. Third-Party Websites

We may link to third-party websites. We are not responsible for the data collection, use practices, policies or cookie use of the third-party sites that you access from our website. We encourage you to be aware when you leave our Site(s) and to read the privacy policies of each website that – they may collect your personal data. This Policy applies solely to personal data collected on or through our Products and Services.

8. Social Media Features

Our Products and Services may include social media features or provide direct links to our social media channels. These features may collect your IP address and which page(s) you visit on our site(s), and may set a cookie to enable the feature to function properly. We may also link to our Products and Services from within social media so you can access and share our Products and Services and posts to other websites using your social media login credentials. Social media features and widgets are either hosted by a third party or hosted directly on our Products and Services page. Your interactions with these features are governed by the privacy policy of the company providing them.

9. Preferences and Opting-Out

  1. You can opt-out of receiving specific types of communications from us and our partners where we request data about you. If you sign up to receive information about our Products and Services, you may unsubscribe or opt-out of all future marketing communications from us that do not relate to the Products and Services you order. To opt-out, send us an email at customerservice@oliveandcocoa.com or click the unsubscribe link on any email we send you. Please note that even though your request is implemented, there may be a delay in the effect. For example, any names currently in the queue for publishing and mailing of catalogs will still receive a catalog many weeks after the request due to lead time.
  2. If you wish to opt-out of interest-based advertising click here. Most Internet browsers allow you to block or delete cookies and other similar technologies from your browser. If you do not agree to the use of these cookies or similar technologies, please disable or delete them by following the instructions for your browser set out here, or use automated disabling tools where available.
    • •You can generally opt-out of receiving personalized ads from third-party advertisers and ad networks that are members of the Network Advertising Initiative (“NAI”) (Link) or that follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising (Link) by visiting the opt-out pages on the NAI or DAA website.
    • • You may also opt-out by clicking on TrustArc’s Your Advertising Choices page (Link) or, if in the EU (Link).

Please note this does not opt you out of being served advertising. You will continue to receive generic ads. You can also delete cookie files from your hard drive, or avoid them altogether, by configuring your browser to reject them or to notify you when a cookie is being placed on your hard drive. Not all features of the Products and Services will function as intended if you reject cookies.

10. Accessing/Correcting/Updating/Removing/Retaining Your Information

If you are in the EU or Switzerland, you have the right to access your personal data and to correct, amend, or delete such personal data if it is inaccurate. You can access, correct, or request deletion of your personal data by contacting us. Requests for access, correction, amendment, or deletion should be sent to customerservice@oliveandcocoa.com.

Upon request, Olive & Cocoa will tell you if we hold any of your personal data. We will respond to any request to access your personal data within 30 days. It may take us longer if your request is complex or you have made multiple requests, in which case we will notify you and keep you apprised of our progress. We will retain your personal data and the data we process on behalf of our customers for as long as your account is active or as needed to provide you Products and Services or requested information. All other data is retained according to our record retention policy. We will retain and use this personal data as necessary to comply with our legal and contractual obligations, resolve disputes, and enforce our agreements. If you delete any account information, we may retain certain information as required by law or for legitimate business purposes such as personal data necessary to bill you for our Products and Services. Once you pay us for a Product and Service, we cannot delete any personal data required to maintain and deliver the order and comply with all related legal business obligations unless you cancel your order. If we have a contract with you or with your business, we will keep personal data for the term specified in the agreement.

If you become an inactive customer, or if we close or suspend your account, we will continue to adhere to the then-current Policy when we collect your personal data so long as we retain it in our databases. We may delete any or all of your personal data at any time without notice to you for any reason or no reason unless otherwise required by law, regulation, contract or our internal policies to retain it.

We may need to request specific personal data from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that your personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask for further personal data in relation to your request to speed up our response.

If your application for a job is successful, your information gathered during the recruitment process will be transferred to your human resources files subject to our internal human resources policies and procedures and retained as employment data. If your application is unsuccessful, we may, keep your information on file for future employment opportunities. You may withdraw your consent at any time.

When you access our website as a customer, you can review, correct and update certain of your account information.

11. California Privacy

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal data by Olive & Cocoa or its affiliates to a third party for the third party’s direct marketing purposes. To make a request, email us at customerservice@oliveandcocoa.com or write to us at:

Olive & Cocoa

Attn: Privacy

3030 Directors Row

Salt Lake City, UT 84104

12. No Use by Children

The purchasing services are not intended for users younger than 18. We do not knowingly collect personal data from children under the age of 18 without verifiable parental consent. If we become aware that a visitor under the age of 18 has submitted personal data, we will remove his or her information from our files. When Olive & Cocoa delivers the Products and Services to an individual at the instruction of its customers, we may process information about someone who is under the age of 18 under the instruction of our customer(s). If you provide us personal data of children under the age of 18, you represent that you have obtained the necessary consent.

13. Security

Olive & Cocoa takes reasonable and appropriate measures to protect personal data from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the personal data. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee absolute security. If you have any questions about our security, you can contact us at customerservice@oliveandcocoa.com. We have procedures to deal with any suspected breach of personal data, and we will notify you and any applicable regulator of a breach where we are legally required to do so.

14. Lawful Basis if Subject to GDPR

If our processing of your information is subject to General Data Protection Regulation 2016/679 (“GDPR”), we use your information according to the following lawful bases for processing. However, these are only examples of processing under lawful basis, not an exhaustive list of processing under lawful basis and do not limit any current, past or future processing under lawful basis that we may use to process your information if subject to the GDPR.

  1. Pursuant to a Contract. We will use your information when it is necessary for us to perform a contract we are about to enter into or have entered into with you, including without limitation when we respond to your requests about entering into a contractual relationship, to help you create an account, to process your orders, to manage our relationship with you, and to help you participate in and process your contest or sweepstakes entry or pay a reward.
  2. Pursuant to a Legal Obligation. We will use your information where needed to comply with a legal or regulatory obligation, including without limitation to manage our relationship with you by providing this Policy and any changes and updates thereto.
  3. Pursuant to a Legitimate Interest. We will use your information where necessary for our legitimate interests or those of a third party, and your interests and fundamental rights do not override those interests, including without limitation to process and deliver your orders; to manage our relationship with you; to enable you to participate in a contest, sweepstakes, reward or prize; to administer and protect our business and our Products and Services; to deliver the Products and Services, content and advertisements to you and to evaluate the effectiveness of the Products and Services, content and advertising; to tailor the Products and Services, content and advertising; to use data analytics and other automated processing to evaluate and improve the Products and Services; and to make recommendations to you. We will also use your information where necessary to prevent fraud. We will also use your information where necessary to respond to your requests. For example, if you request to delete your information from our database, we may continue to use your information to respect your request and prevent further use of the account. This can include deactivating your account by removing your username from the permitted usernames, removing your name from catalog mailing lists and disallowing any account creation under your email address.
  4. Pursuant to Consent. We will use your information when we have provided you with notice of processing and obtained your consent in a manner compliant with the requirements set forth in GDPR.
  5. Pursuant to One or More Lawful Basis. We may rely on more than one lawful basis for processing your specific information described in Section 4 (Information We Collect) of this Policy for the uses set forth above. When you apply for a job in the EU, we may process “special categories of personal data” as that term is defined in Article 9 of GDPR when relevant for a position and required or permitted by law. If we collect special categories of data from an individual residing in the EU or Switzerland, you will be provided notice and the opportunity to consent to processing as described at the point of collection and this Privacy Policy. Please be aware that if you do not provide us with requested information during the recruitment process, we may not be able to process your job application properly, or at all. Otherwise, to our knowledge, we do not process special category data or criminal offence data, and we require you to refrain from providing any such data in the information you share with us. Please contact us if you have any questions about the specific lawful basis we are relying on to process your information.

15. Privacy Policy Changes

We reserve the right to modify this Policy at any time. When we make only minor modifications which do not materially change the Policy, we may do so without notifying you. It is your responsibility to keep current the contact information we have on file for you. When we make material modifications affecting data practices where we operate as the data controller, we will post and/or email the new Policy. We encourage you to periodically review this page for the latest information on our privacy practices. The “Last Modified Date” at the top of this Policy will tell you when the last changes were made.

16. How to Contact Us

If you have questions or concerns regarding this Policy, contact us by email at customerservice@oliveandcocoa.com or write to us at:

Olive & Cocoa

Attn: Privacy

3030 Directors Row

Salt Lake City, UT 84104

If you are located in the EEA, you have the right to communicate with a supervisory authority in relation to the processing of your personal data, but we would appreciate the opportunity to speak with you first and resolve your issues.