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Privacy Policy

Effective as of November 1, 2020

  1. Privacy Policy
  2. Categories of Personal Information We Collect
  3. Sources for your Personal Information
  4. Use of Information
  5. Sharing of Information
  6. Other Privacy Information
  7. Data Retention and Deletion
  8. Your Choices
  9. Third-Party Websites
  10. Contact Us

Full Privacy Policy

FLAVORLY takes your privacy very seriously and we understand data privacy laws and regulations are constantly changing.  Given the recent passage of state laws, including those in California, FLAVORLY has disclosed this Privacy Policy to provide you with greater transparency into our data practices and your options with respect to your data.  Please take a moment to review our full privacy policy.  If you do not agree with the content of this Notice, please do not use our websites or otherwise interact with our company, services, brands or products.

I. Privacy Policy

This Privacy Policy (“Policy”) is for EatFlavorly.com (the “Web Site”) and describes the personal information collected by or on behalf of FLAVORLY, LLC (collectively, “Flavorly,” “we,” “us” or “our”) and it’s service providers through this website (collectively, the “Site”) and how Personal information is used, shared and protected.  Certain capitalized terms not defined in this Policy have the meanings set forth in the California Consumer Privacy Act of 2018 (the “CCPA”). 

We may modify this Policy at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or may otherwise be communicated to you, such as sending an email notification. We encourage you to review this Policy whenever you use or access the Site or otherwise interact with us to stay informed about our information practices and the ways you can protect your privacy.

If you use the Site, you must comply with our Term of Use (“Terms“) found here. (here needs to link to https://flavorly.com/terms-and-conditions)

For purposes of this Policy, “Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonable be linked, directly or indirectly, with a particular consumer or household however accessed and/or used, whether via personal computers, mobile devices, mobile apps or otherwise. 

II. Categories of Personal Information We Collect

We may collect the following categories of Personal Information from this Site:

  1. Identifiers: Name, nickname, postal address, telephone number, mobile telephone number, unique personal identifier, Internet Protocol address (“IP Address”), device ID, email address, account name, or other similar identifiers.
  1. Customer Records: Credit card number, debit card number, signature, physical characteristics or description, telephone number, state identification number and any other financial information.
  1. Protected ClassificationsCharacteristics of protected classifications under California or federal law consisting of age, race, national origin, citizenship, gender, veteran or military status.
  1. Commercial Information: Commercial information consisting of records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  1. Biometric Information: Behavioral, or activity patterns used to extract other identifier or identifying information, including your handwriting and your signature if you submit orders in person or on paper.
  1. Internet Activity: Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
  1. Geolocation Data: Approximate geolocation data.
  1. Sensory Data: Electronic, visual, or similar information.
  1. Employment Information: Professional or employment-related information.
  1. Education Information: Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
  1. Inferences: Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

This Policy does not apply to any data that is publicly available.

III. Sources for your Personal Information

We collect each of the above Personal Information from each the following categories of sources:

SOURCE 1: We Collect Personal Information You Provided to us Directly from You and/or Your Household.

We collect Personal Information that you provide directly to us. Personal Information is required to use certain Site features, for example, to create online accounts, purchase products (either for yourself or for another person), sign up for a subscription, participate in any interactive features of the Sites, subscribe to a email list, respond to a survey, contest, or promotion, submit job application materials, receive or request information from us (e.g., newsletters), communicate with us via third-party social media sites, or contact us via email, phone, or our Contact Us Form (where we may retain your message’s content and our response).

Customer Account Information:  To create an online Customer account, you must submit your name, telephone number, date of birth, email address, postal address, delivery information, and create a password. The data is used to populate a profile within your account.

Order and Payment Data:  To make purchases, your must submit your name, payment card type, payment card number, expiration date, security code, billing and shipping address, and information related to returns, refunds, and cancellations. All payment card data is provided directly to one of our PCI-compliant payment processors.  Please review their privacy policies listed below:

We do not directly access, handle, or store your payment card data. We may keep a record of your purchases. We store your payment card’s last four digits to facilitate future orders.  Although we do not collect your financial information, we may collect related Personal Information, such as your name and contact information, to facilitate the applicable transaction.

Marketing Communications Opt-Out. If you opt-in to receive marketing communications from us, you must submit your email and phone number.  We use this data to send you promotional and other electronic and hardcopy communications. You will automatically receive marketing communications from us when you open an account. We use providers to deliver communications to you. You may opt-out of such emails by using the unsubscribe link in the email or contacting us at privacy@eatflavorly.com with “Unsubscribe” in the subject line.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at
http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work
.

You can opt out of targeted advertising by using the links below: 
– Facebook: https://www.facebook.com/settings/?tab=ads 
– Google: https://www.google.com/settings/ads/anonymous 
– Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/

To opt-out of other communications (e.g., postal marketing and telemarketing), please contact us as set forth below. Opting out of marketing communications does not opt you out of communications about your account or transactions.

Feedback. When you provide comments or feedback about our Site, the content on the Site, or our products or services (“Feedback“), we will not treat that Feedback as confidential and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.

Applying to Work with Company. To submit application materials online to work with Flavorly as an employee, we will collect that information to process your request.

Sweepstakes and Contests. We may offer sweepstakes or contests. To participate you must submit certain data, which may include your name, email, organization name and type, phone number, physical address, or Social Security Number (for prizes over $600.00) and other Personal Information. Data collected via sweepstakes and contests will be (i) used to contact you with promotional and related communications, (ii) shared with vendors, and (iii) subject to additional terms provided to you at such time.

Talent or Social Media Influencer. If you become a FLAVORLY Talent or Influencer, we will collect all text and other data that you submit to us or our customers and we may link the submitted data to your account.

Live Chat Conversations. If you use a Site chat feature, we will collect all text and other data that you submit via that chat feature. If you use a chat feature while signed into your Flavorly account, we may link the submitted data to your account.

Loyalty program. If you elect to join our loyalty program, we use your Personal Data to administer our loyalty program in order to serve you and our other customers.

Gifting to Others.  If you purchase and ship any products or services as a “gift” to others (e.g., friends, family, neighbors, co-workers) through the Site, we will collect name, payment card type, payment card number, expiration date security code, billing and shipping address, and email addresses of gift recipients when you purchase gifts through the Site.

SOURCE 2: We Collect Personal Information Automatically

We automatically collect certain information from you when you access or use our Site. For example, we may collect information such as the websites you visit before or after you visit the Site, pages you click-on on the Site, IP address, general location information, search requests, browser type, operating system, data and time you visit the Site, the amount of time spent on the Site, and the device you use to access the Site.

Account Activity. We may collect data about how you use (i) your online account, and (ii) the Site when you are logged into your account. We may combine data automatically collected from you with other Personal Information about you.

Cookies and Other Tracking Technologies. We use cookies and similar tracking technologies to:

  • Make our Site function properly;
  • Provide personalized experiences;
  • Tailor our interactions with you;
  • Assist with our marketing efforts;
  • Provide us with valuable data and statistics about the usage and effectiveness of our Site and to help us improve our Site;
  • Help us improve our products and services;
  • Secure log-in services.

We may combine information from cookies and web beacons with Personal Information, including data obtained from third parties, including cookies and web beacons, to collect information about you when you interact with our Sites, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Sites and your experience, see which areas and features of the Sites are popular, and count visits. Web beacons are electronic images that may be used in the Sites or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies and how to disable cookies, visit

http://www.allaboutcookies.org

Cookies may either be “first-party” or “third-party” Cookies. A first-party Cookie allows your web browser to talk to the actual Site that you are visiting (i.e. this Site). A third-party Cookie allows your web browser to talk to a third-party website, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. We do not have control over third-party Cookies. Third-party Cookies are not governed by this Policy.

CALIFORNIA’S DO-NOT-TRACK SIGNALS. Your browser settings may allow you to transmit a “Do Not Track” signal to websites you visit. Please note that our websites, similar to many other websites, do not respond to Do Not Track signals from your browser.

Google Analytics. We use Google Analytics to collect and process information about your use of the Site. Google sets cookies and then your web browser will automatically send data to Google. Google uses this data to provide us with reports that we use to improve the Site’s structure and content. We may implement additional add-on services to Google Analytics, such as Demographics and Interest Reporting. Demographics and Interest Reporting use cookies to collect data about our Site traffic by tracking users across websites and across time to provide us with analytics on our user base. To learn more about how Google uses data, visit Google’s Privacy Policy. You can opt-out of Google Analytics here: Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools.

We use Google Ads to serve ads across various websites. Google uses Cookies to collect data about your visits to the Site to generate targeted advertisements to you on other websites that you visit. To opt-out of this type of advertising by Google, to customize your ad preferences, or to limit Google’s collection or use of such data, visit and follow https://support.google.com/ads/answer/2662922?hl=en. Opting out will not affect your use of the Site. To change your preferences with respect to certain online ads and to obtain more information about ad networks and online behavioral advertising, visit National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads.

Log Information.  When you visit the Site, our servers automatically record certain log file information, such as your Internet Protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Sites.

Mobile Device Information. We collect information about the mobile device you use to access or use the Sites, including the hardware model, operating system and version, unique device identifiers, mobile network information and information about your use of our mobile applications. With your consent, we may also collect information about the location of your device and access and collect information from certain native applications on your device (such as your device’s camera, photo album, and phonebook applications) to facilitate your use of certain features of the Sites. For more information about how you can control the collection of location information and/or our access to other applications on your device, please see “Your Choices” below.

(c) Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various tracking technologies, including cookies and web beacons, to collect information about you when you interact with our Sites, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Sites and your experience, see which areas and features of the Sites are popular, and count visits. Web beacons are electronic images that may be used in the Sites or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.

SOURCE 3: Information We Collect From Other Sources

We may also obtain information about you from other sources and combine that with information we collect directly. For example, we may collect information about you when you post content to our pages or feeds on third-party social media sites, or if you use credentials (e.g., username and password) from a third party site to create or log into your Flavorly account.

IV. Use of Information

We may use information about you for various purposes, including to:

(a) Provide, maintain and improve the Sites and Products;

(b) Manage your account and send you related information, including confirmations, updates, technical notices, security alerts, and support and administrative messages;

(c) Respond to your comments, questions, and requests and provide customer service;

(d) Communicate with you about the Sites, Products, recipes, services, offers, surveys, events and other news and information we think may be of interest to you;

(e) Monitor and analyze trends, usage, and activities in connection with the Sites;

(f) Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Flavorly and others;

(g) Personalize and improve the Sites and provide advertisements, content, and features that match your profile or interests;

(h) Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;

(i) Link or combine with information we get from others to help understand your needs and provide you with a better experience; and

(j) Carry out any other purpose for which the information was collected.

Flavorly is based in the United States, and the information we collect is governed by U.S. law. By accessing or using the Sites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

V. Sharing of Information

We may share information about you as follows or as otherwise described in this Privacy Policy.

(a) With vendors, consultants and other service providers who need access to such information to carry out work or perform services on our behalf. For example, we use WooCommerce to power our online store – you can read more about how WooCommerce uses your Personal Information here https://automattic.com/privacy/;

(b) We may make our postal address list available to certain third parties we believe may offer products or services of interest to you;

(c) When you participate in the interactive areas of the Sites or interact with us on third-party social media sites, certain information that you provide may be displayed publicly, such as your name, photos and other information you choose to provide;

(d) In response to a request for information if we believe disclosure is in accordance with or required by, any applicable law, rule, regulation or legal process such as, but limited to, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights;

(f) In connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing;

(g) Between and among FLAVORLY and any current or future parent, subsidiary and/or affiliated company; and

(h) With your consent or at your direction.

We also may share aggregated or de-identified information, which cannot reasonably be used to identify you.

SOCIAL SHARING FEATURES

We are active on social media, including Facebook, YouTube, Pinterest, Twitter, Instagram and LinkedIn (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Site and our Social Media pages any comments or content that you post on our Social Media pages. YOU AGREE TO HOLD FLAVORLY AND ITS AFFILIATES HARMLESS AND WITHOUT LIABILITY FOR THE RESULTS OF ANY AND ALL CONTENT YOU POST ON FLAVORLY’S SOCIAL MEDIA.

The Site allows you to connect and share data with Social Media. These features may require us to use cookies, plug-ins, and APIs provided by such Social Media to facilitate those communications and features. The Site may use advertising networks and services offered by Social Media to deliver advertising content. Use of these services requires Social Media to implement cookies or pixel tags to deliver ads to you while you access the Site.

The Sites may offer social sharing features and other integrated tools, such as the Facebook, Twitter and Pinterest buttons (e.g., “Like,” “Tweet” and “Pin It”), which let you share actions you take on the Sites with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

De-Linking Social Networking Sites. If you decide at any time that you no longer wish to have your social media account(s) (such as Facebook , Google, Yahoo) linked to your User account, then you may de-link the social media account(s) in your account settings.

ADVERTISING and ANALYTICS SERVICES PROVIDED by OTHERS

Interest-Based Ads

We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Sites and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Sites and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

Customized Ad Campaigns

We may also work with third-party social media sites, such as Facebook, to serve ads to you as part of a customized campaign, unless you notify us that you prefer not to have information about you used in this way. For more information about how you can opt out of customized campaigns, visit National Advertising Initiative Consumer opt-out page.

Security

FLAVORLY takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. In particular, email sent to or from the Sites may not be secure, and you should, therefore, take special care in deciding what information you send to us via email.

VI. Other Privacy Information

Minors. Our websites are not directed to minors (persons under that age of majority in their relevant jurisdiction), and we will not knowingly collect or sell Personal Data from minors without affirmative authorization.  If you are a minor, do not use or provide any information on any of our Services, or on or through any of its features, make any purchases through our Services, use any of the interactive or public comment features of our Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use.  If we learn we have collected, received or sold Personal Data from a minor without verification of parental consent, we will delete that information.  If you believe we may have information from or about a minor, please contact our Privacy Team at privacy@eatflavorly.com or 16261 Hollister Street, C100, Houston, Texas 77066, USA, Attention: Privacy Team.

VII. Data Retention and Deletion

Flavorly keeps your Personal Data for varying amounts of time depending on the type of Personal Data collected, and where we have an ongoing legitimate business need to do so, including customer services, processing product orders, making data-driven business decisions, maintaining appropriate business and financial records, complying with our legal and regulatory obligations, and resolving disputes. We keep some of your Personal Data for as long as you are a Flavorly customer. For example, we keep your order history, payment information, account information (including personal goals and product preferences), email address(es), and shipping and billing addresses. If you request, we may delete or anonymize your Personal Data so that it no longer identifies you, unless we are legally allowed or required to maintain certain Personal Data, including situations such as (i) an unresolved issue related to your User account, (ii) tax, audit, and accounting obligations, (iii) an unresolved claim, dispute, allegation or litigation, and (iv) mandatory data retention laws in the applicable jurisdiction including regulatory obligations to preserve data relevant to an investigation.

VIII. Your Choices

Account Information

You may update, correct or modify information about you at any time by logging into your online account or by emailing us at support@ eatflavorly.com. If you wish to deactivate your account, please email us at support@eatflavorly.com, but note we may continue to store information about you as required by law or for legitimate business purposes.

Location Information

With your consent, we may collect information about your actual location when you use our mobile applications. You may stop the collection of this information at any time by changing the settings on your mobile device, but note that some features of our mobile applications may no longer function if you do so.

Native Applications on Mobile Device

Some features of our mobile applications may require access to certain native applications on your mobile device, such as the camera and photo storage applications (e.g., to take and upload photos) and the phonebook application (e.g., to send invitations to your contacts to try the Sites or Products). If you decide to use these features, we will ask you for your consent prior to accessing the applications and collecting information. Note that you can revoke your consent at any time by changing the settings on your device.

California Residents

Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your Personal Information within the past year for direct marketing purposes, and (b) a description of the categories of Personal Information disclosed, by contacting us per the “Contact Us” Section below.

Nevada Residents

Nevada residents may opt of the sale of certain Personal Data collected by website operators.  Although we do not currently sell Personal Data (as “sale” is defined under Nevada law) or have any plans to sell Personal Data, you may contact our Privacy Team at privacy@eatflavorly.com to opt out of any future sale of your Personal Data.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Sites.

Customized Campaigns

You may opt out of receiving our ads as part of a customized campaign conducted on third-party social media sites, such as Facebook, by using the following link:

Facebook: https://www.facebook.com/settings/?tab=ads 

Promotional Communications

You may opt out of receiving promotional communications from us by following the instructions in those communications or by emailing us at support@eatflavorly.com. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

Push Notifications

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device or within our mobile applications.

IX. Third-Party Websites

The Site may link to, or be linked to, websites not controlled by us. We are not responsible for third parties’ privacy policies or practices. This Policy does not apply to any third-party websites or to any data that you provide to third parties. You should read the privacy policy for each website that you visit.

X. Contact Us

If you have any questions about this Policy, you may contact us as set forth below:

FLAVORLY

Attn: Data Privacy

16261 Hollister Street, C100

Houston, Texas  77066

Site: https://eatflavorly.com

Email:  support@eatflavorly.com

hgyw-logo-footer

We’re available Mon-Fri
9am – 5pm CST
(832) 942-4012

orders@eatflavorly.com

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