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 Policy covers:
- • Scope of the Policy
- • Transfers of Personal Data Outside the EEA
- • Information We Collect
- • How We Use the Information We Collect
- • “Do Not Track” Requests
- • How We Share Your Information with Third Parties
- • Third-Party Websites
- • Social Media Features
- • Preferences and Opting-Out
- • Accessing/Correcting/Updating/Removing/Retaining Your Information
- • California Privacy
- • No Use by Children
- • Security
- • Lawful Basis if Subject to GDPR
- • How to Contact Us
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.
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.
- Information You Provide to Us.
- 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.
- •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.
4. How We Use the Infomation We Collect
We may use personal data collected from or about you for any of the following purposes:
- 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.
- 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.
- 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.
- 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.
- Prevent Improper or Illegal Activity. We may use personal data to protect, investigate and deter against fraudulent, unauthorized or illegal activity.
- 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.
- 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.
- 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.
- 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 firstname.lastname@example.org.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Store information you provide to our website. When you provide personal data to our website, we may store the information in a cookie.
- 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.
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:
- 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.
- 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 email@example.com.
- 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).
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
9. Preferences and Opting-Out
- 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 firstname.lastname@example.org 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.
- 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 email@example.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 firstname.lastname@example.org or write to us at:
Olive & Cocoa
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.
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 email@example.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.
- 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.
- 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.
- 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.
- 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.
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 firstname.lastname@example.org or write to us at:
Olive & Cocoa
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.