Every day Tony’s Chocolonely is hard at work helping to make chocolate 100% slave free. We work in direct partnership with cocoa cooperatives. And because we’re serious about people, we tell you exactly which cooperatives we work with and where our chocolate comes from. We’re just as serious about any personal data you give us. Our privacy statement and terms and conditions tell you everything you need to know (impressively official hey..).
Effective Date: [June 2nd, 2016]
This Privacy Statement (this “Statement”) describes the type of information that Tony’s Chocolonely (“Tony’s” or “we”) collects through your use of its U.S. website available at http://www.tonyschocolonely.com/us/ (the “Website”). This Statement does not apply to information collected about you through any other means, including information collected by third parties or through non-electronic or offline means.
This Statement covers:
• What personal information is collected by Tony’s through our Website.
• How Tony’s uses this information.
• With whom Tony’s may share personal information.
• What choices are available to you with respect to collection, use and sharing of this information.
• What types of security procedures are in place to protect the loss or misuse of this information under our control.
By accessing or using the Website, or by clicking the “accept” button when you register for the Website, you consent to our use of your personal information as described in this Statement. This Statement may change from time to time. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the Statement periodically for updates.
This Statement is part of, and is governed by, the Tony’s Terms of Service https://uswebshop.tonyschocolonely.com/index.php?route=information/information&information_id=5.
A. Information We Collect
We collect information from you in two ways. First, you provide us with certain information when you register for and use our Website. Second, we collect certain information automatically as you interact with our Website.
1. Information You Provide to Us
We may collect personally identifiable information from you when you register with the Website, order products, provide comments and suggestions, sign up for newsletters, enter promotions, interact with us on our social media channels, submit content or send us feedback. If you do not want us to collect this information, please do not provide it. We directly collect the following types of information that you provide to us:
• Identifying information. We may collect personally identifying information, including your name, email address, phone number, and mailing address.
• Payment Information. We collect your payment card information when you order products. However, we immediately send payment card information via encrypted transmission to our payment card processor. We do not store payment card information.
• Customer service interactions. To ensure the quality of your interactions with our customer service representatives, we may monitor and record phone calls or other communications between you and our representatives.
2. Information We Automatically Collect from You When You Use the Website
• Information collected through our cookies and web beacons. We (or service providers on our behalf) may use technologies, including “cookies” and “web beacons,” to automatically collect information from you when you use the Website. Cookies are small amounts of data that are stored within your Internet browser, which saves and recognizes your browsing habits. Tony’s uses session cookies, which track a user’s progression during one site visit. Web beacons are web page elements that can recognize certain types of information on your computer or mobile device, such as the time and date you viewed a page, which emails are opened, which links are clicked, and similar information.
Information that may be collected by cookies and web beacons when you use the Website may include, without limitation:
o web pages you visit;
o date and time of your visit to or use of the Website;
o usage and activity data related to the Website;
o browser type;
o Internet Protocol (IP) address used to connect your computer or mobile device to the Internet; and
o your computer or mobile device and connection information, such as your browser type and version, operating system, and platform.
You can 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 Website will function as intended if you reject cookies.
The information we collect automatically is statistical information and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. If you do not want us to collect this information, please do not use the Website.
B. “Do Not Track” Requests
Your Internet browser and mobile device may allow you to adjust your browser settings so that “do not track” requests are sent to the websites you visit. Tony’s does not track its users over time and across different websites; therefore, Tony’s does not respond to “do not track” signals.
C. How We Use the Information We Collect
We may use information collected from or about you for any of the following purposes:
• developing, providing and improving the Tony’s products and the Website;
• fulfilling product orders;
• managing and verifying your account and the identity of Website users;
• contacting you when necessary about your account or your use of the Website;
• sending you information and promotional materials about our products and Website, as well as our company in general;
• responding to support requests;
• complying with regulatory requirements for the maintenance of records;
• conducting internal reviews of our Website to help us better understand visitors’ and customers’ uses of our Website;
• protecting the security and integrity of our Website;
• complying with court orders and legal process, and to enforce our Terms of Service and this Statement; and
• any other legal, business or marketing purposes that are not inconsistent with the terms of this Statement.
We may combine information we collect about you through the Website with other information about you that we receive from third-party sources. By way of example and not limitation, we may use a change of address or other list service to ensure that our records for your account are accurate.
D. How We Share Your Information with Third Parties.
We may share the personally identifiable information we collect in connection with the Website with third parties, as described below:
1. Service Providers
We may share your personal information with our third-party distributors, vendors, suppliers and other service providers who provide services to us or on our behalf, such as operating and supporting the Website, processing payments, performing marketing or consulting services, and assisting us with the preparation and mailing of our business and marketing communications and with fulfilling orders.
2. Third-Party Analytics Providers
We may also share your personal information with third parties who conduct marketing studies and data analytics. These third parties may combine your information with the information of other consumers for purposes of conducting these studies and/or analytics. These analytics companies are restricted from using your personal information except in connection with the analytics services they provide to Tony’s.
3. Our Affiliates
We may share some or all of your information with our subsidiaries and corporate affiliates, joint venturers, or other companies that are or may become under common control with us. We will require these entities to comply with the terms of this Statement with regard to their use of your information.
4. Transfer or Assignment in Connection with Business Transfers or Bankruptcy
5. Response to Subpoenas or Court Orders, or Protection of Our Rights
We may disclose your information to government authorities or third parties if:
• you have given us permission to share your information;
• we are required to do so by law, or in response to a subpoena or court order;
• we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, or to protect our property or other rights, or those of other users of the Website, third parties, or the public at large; or
• we believe that you have abused a Service by using it to attack or gain unauthorized access to a system or to engage in spamming or other conduct that violates applicable laws or the Tony’s Terms of Service.
6. Aggregate Information
We may share aggregate or de-identified information without restriction. While this information will not identify you personally, in some instances third parties may be able to combine this aggregate information with other data they have about you, or that they receive from other third parties, in a manner that allows them to identify you personally.
E. Your Choices
We provide the opportunity to opt out of receiving communications from us and our partners at the point where we request information about you. In addition, you may unsubscribe or opt out of receiving communications from us by clicking the unsubscribe link on any email marketing communication you receive.
F. California Privacy Rights
We do not share personal information with third parties for their marketing purposes.
G. How We Protect Your Information
We have implemented commercially reasonable measures designed to secure your personal information from unauthorized access, use, alteration and disclosure. However, the transmission of information via the Internet is not completely secure. You acknowledge that: (a) the limitations of the Internet are beyond our control; (b) the security, integrity and privacy of information and data exchanged between you and us cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Tony’s has no responsibility or liability for the security of information transmitted via the internet.
H. Correcting/Updating Your Information
You may have the right to access the personal information we collect about you. You may also have the right to correct any errors contained in that information. For details, please email us at [email@example.com].
I. No Use by Children
The Website is not intended for users younger than 18. We do not knowingly collect contact information from children under the age of 13 without verifiable parental consent. If we become aware that a visitor under the age of 13 has submitted personal information without verifiable parental consent, we will remove his or her information from our files.
J. Use of Information Outside Your Country of Residence
The Website is specifically directed to users located in the United States. If you are located outside of the United States and choose to use the Website or provide your information to us, you should be aware that we may transfer your information to the United States and process it there. The privacy laws in the United States may not be as protective as those in your jurisdiction. Your consent to this Statement followed by your submission of information to us through or in connection with the Website represents your agreement to the transfer of your information to the United States.
K. Changes to This Privacy Statement
We may change this Statement from time to time. If we decide to make a material change in this Statement, we will post it on this page. Your continued use of the Website after the posting of changes to this Statement will mean you accept these changes. In some cases, we may attempt to contact you through an email or other address you have provided, so we can give you choices about our using your information in a manner different from that stated at the time of collection. If we make any material changes in our privacy practices that affect your personally identifiable information that is already in our possession, we will apply those changes to that older information only with your consent or as otherwise allowed by law.
L. Contact Us
If you have any questions about this Statement or our use of the information we collect from you in connection with the Website, email us at [firstname.lastname@example.org].
TERMS AND CONDITIONS
Last updated: [26th of April 2016]
PLEASE READ CAREFULLY
SAFEGUARD YOUR USERNAME AND PASSWORD
You are responsible for any actions that take place while using your Tony’s Chocolonely account. Keep your username and password secure and do not allow anyone else to use them to access the Site. Tony’s Chocolonely is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
All content included on the Site, such as text, graphics, designs, logos, catalogs, icons, presentations, videos, data, instructions, photos, and software (the “Materials”), is the property of Tony’s Chocolonely or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws. TONY’S CHOCOLONELY and other trademarks, service marks and logos that we use, are trademarks of Tony’s Chocolonely. Third-party trademarks that appear on the Site are the property of their respective owners. Your use of any of the trademarks displayed on this Site without express written permission from Tony’s Chocolonely or their owners is strictly prohibited.
(i) use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from users of the Site;
(ii) copy, modify, publicly display, post, distribute, or exploit in any way the Materials or other data or information from the Site for commercial purposes, including commercial publication, sale or personal gain;
(iii) mirror any Materials contained on this Site or any Tony’s Chocolonely server or use framing techniques to enclose the Site or any part thereof;
(iv) circumvent any of the technical limitations of the Site, or decompile, disassemble or otherwise reverse engineer the Site;
(v) perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by our other users, or impose an unreasonable or disproportionately large service request or usage load on our Site infrastructure;
(vi) change or remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials;
(vii) impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;
(viii) use any metatags or any other hidden text incorporating Tony’s Chocolonely’s name or trademarks in any online site or posting;
(ix) solicit, trace or otherwise collect any information from users or visitors of the Site;
(x) use the Site for commercial activities such as contests or advertising;
(xi) create a database by downloading and storing the Materials or any part thereof; or
(xii) post any material that could be considered obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable.
Your feedback and Site participation are important to us. With respect to any content you submit or make available to Tony’s Chocolonely or on the Site (including through social media channels), such as your biography, comments, endorsements, testimonials, pictures, videos and other content, you grant to Tony’s Chocolonely a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. You acknowledge and represent that such content is not confidential. By posting or distributing such content, you understand that it may be freely copied and distributed by others without your permission. In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.
USER CONTENT IS NOT PRESCREENED
COPYRIGHT INFRINGEMENT NOTICE PROCEDURE
Tony’s Chocolonely respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at [email address here] and provide the following information:
(i) A description of the copyrighted work that you believe has been infringed;
(ii) A description of what the allegedly infringing work is;
(iii) A description of the location where the allegedly infringing work is located on the Website;
(iv) An address and telephone number where you can be contacted, including an email address if possible;
(v) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
(vii) A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
LINKS TO OUR WEBSITE
You may link to our homepage, provided you do so in a way that is fair, clearly identifies Tony’s Chocolonely, and does not damage our reputation or take advantage of it. However, you may not suggest any form of association, approval or endorsement on our part without our express written consent.
We reserve the right in our sole discretion to (i) terminate your account, (ii) delete any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Site by using any technology available, such as blacklisting certain IP addresses or device numbers.
• Product Orders: all orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that we later cancel, we will issue you a refund.
• Electronic Payment Vendors: some payments may be processed through electronic payment vendors. Your relationship with any electronic payment vendor is separate from your relationship with us and is governed by the terms and conditions contained in the vendor’s agreement and posted on their website.
• Returns and Refunds: all sales are final and we do not accept returns. If, however, you have a problem or are unsatisfied with your order in any way, please contact us by filing a support request here: email@example.com
• Shipping: currently, we ship anywhere in the United States where UPS will ship. Products usually ship within 2 days after we receive your order. This may vary when weather conditions don't allow for a weekend transit, in this case we will only ship Monday to Wednesday.
• Pricing: most products displayed on or through the Site are available through certain retail store outlets. The prices displayed on or through the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. and for website sales. Prices for products sold through stores may differ from prices shown on or through the Site.
REPRESENTATIONS AND WARRANTIES
THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE SITE, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR MADE AVAILABLE ON THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. TONY’S CHOCOLONELY DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. TONY’S CHOCOLONELY ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE.
LIMITATION OF LIABILITY AND DAMAGES
By using the Site, you agree to receive certain electronic communications from us, whether on our website, through the Site or by email. You may unsubscribe from communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and Tony’s Chocolonely may be recorded.
THIRD PARTY SITES
The Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.
b. Disputes .
This Agreement shall be governed by the laws of the State of Oregon, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
c. Limitations on Claims.
Any cause of action or claim you may have with respect to Tony’s Chocolonely or the Site (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.
d. No Waiver.
f. Entire Agreement.