Privacy Policy
PRIVACY POLICY
Last updated: June 22, 2022
Protecting your privacy is very important to us. This Privacy Policy ("Policy") applies to SCHARFFEN BERGER CHOCOLATE MAKER LLC’s (“our,” “we,” “us,” or “Scharffen”) website, webstore, and our other data collection practices, including when you contact us by phone, chat or email, subscribe to our mailing lists, or engage with us on social media (collectively, “Site”).
We will only use the information you share with us for the purposes set forth in this policy, including to process your orders and enhance your shopping experience. Because we respect your privacy and your preferences in how we use your information, our goal is to be transparent about our practices regarding the collection, use and disclosure of your information. This Policy incorporates our Terms of Use (“Terms”) located at: https://www.scharffenberger.com/pages/terms-conditions. We may update this Policy from time to time, as specified in the "Changes to This Privacy Policy" section below.
You should read this entire Policy before submitting information to us in any form or using our Site. By submitting Personal Information (defined below) to us, you consent to the collection, use, disclosure, transfer, and storage of that information in accordance with this Policy.
We only sell to and ship to United States addresses and will not collect any personal data from users in the European Union. This Policy is therefore applicable only to United States consumers.
1. COLLECTION AND USE OF INFORMATION
We collect Personal Information about you in the following ways: 1) from you, when you voluntarily submit information directly to us; 2) using automated technology, including when you visit our Site, social media platforms, or interact with our electronic advertisements or communications; and 3) using third party sources, including our brand partners and their shopping sites, service providers, analytics providers, or through social media and other Sites or services we interact with. “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual person. Automated technology collects information from your computer or mobile device and includes cookies, web beacons, local shared objects, or other similar technology. More information is given below in the "Cookies and Other Technology" section below.
Personal Information is required to use certain Site features, for example, to make purchases through our online webstore, contact us via our Contact Us form (where we may retain your message’s content and our response), submit materials when inquiring about career or internship opportunities, and receive or request data from us (e.g., product catalogs and brochures). We will collect the minimum amount of Personal Information that is reasonably necessary to fulfill the purpose for which it is collected. The categories of Personal Information we may collect include:
Category |
Details |
Do We Share for a Business Purpose?
|
Identification Information
|
Name, email address, phone number, mailing address, internet protocol (IP) address |
Yes |
Customer Records Information
|
Credit card number, debit card number any other financial information to process and fulfill your orders.
|
Yes |
Registration Information |
Newsletter requests, subscriptions, downloads, default device language and username/passwords. |
Yes |
Device Information |
Computer Internet Protocol (IP) address; unique device identifier (UDID); cookies and other data linked to a device; biometrics for TouchID or FaceID recognition (comes from the OS we will never store in our servers); real time location via GPS; and data about usage of our Site and communications (Usage Data). Note, however, we do not consider Device Data to be Personal Data except where we link it to you as an individual or where applicable law requires. |
Yes |
Marketing Information |
Computer Internet Protocol (IP) address, unique device identifier (e.g., MAC address), cookies and other data linked to a device, and data about usage of our Site and communications. |
Yes |
Commercial Information |
Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
Yes |
Internet Activity Information |
Internet or other electronic network activity information, including, but not limited to, browser type, browser language, operating system, domain names, access times, browsing history, search history, and information regarding a consumer’s interaction with an internet Site, application, or advertisement. |
Yes |
Employment Information
|
Job applicant name, email address, home address, phone number, and information related to your education, training, and employment history |
Yes |
USE OF PERSONAL INFORMATION
All Personal Information may be used for the purposes stated in this Policy. We may combine data collected from third party sources. We may make full use of all information that is de-identified, aggregated, or otherwise not in personally identifiable form.
We use the above categories of Personal Information for the following purposes:
Purpose of Use |
Categories of Personal Information |
To provide the Services, respond to your inquiries and all us to contact you |
Identification Information, Registration Information, Device Information |
Management of your accounts, maintaining our business operations, and allow you access to our proprietary systems. |
Identification Information, Registration Information |
Making our Site more personal, intuitive and easy to use. |
Device Information, Internet Activity Information |
Protecting the security and effective functioning of our Site and information technology systems. |
Device Information, Registration Information, Internet Activity Information |
Processing payment for requested products. |
Customer Records Information |
Providing relevant marketing about our or our affiliates' products and services, or promotions that we are developing, and opportunities that may be available to you. |
Identification Information, Registration Information, Device Information, Marketing Information |
Setting up, securely accessing, troubleshooting, and measuring user experience. |
Identification Information, Registration Information, Device Information |
Addressing our compliance and legal obligations and exercise our legal rights. |
Identification Information, Registration Information, Device Information |
To collect information from candidates for employment. |
Employee Information |
RETENTION OF DATA
We will retain your Personal Information for as long as it is necessary for the purposes described in this Policy. We will also retain and use your Personal Information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.
2. INTENDED AUDIENCE OF SITES; COPPA COMPLIANCE
We are in compliance with the requirements of the Children's Online Privacy Protection Act ("COPPA"). We do not knowingly collect information from minors in the United States or elsewhere with or without the consent of their parents or guardians. If you are not 16 or older, you should not visit or use our Site or social media accounts. If you become aware that a child has provided us with Personal Information without appropriate consent, then please contact us using the details below so that we can take the appropriate steps in accordance with our legal obligations and this Policy. We do not knowingly sell the Personal Information of minors under 16 years of age.
3. EMAIL MARKETING
If you no longer wish to receive email marketing communications from us, you may opt-out of receiving marketing-related emails by using the unsubscribe method provided in our communications (e.g., by clicking on the "unsubscribe" link in the email to unsubscribe). Please note that unsubscribing from our promotional material will not prevent us from contacting you for other reasons, such as responses to customer service inquiries, or information about products you have purchased or about which you have requested information.
4. SECURITY
We take reasonable appropriate steps to protect personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction, whether in transmission or storage. We provide a high level of security for our computer systems, databases, and networks to protect all customer information in our systems. In order to place your orders and access your account information, you will need to sign in to our secure server. The Secure Sockets Layer (SSL) software encrypts all the information you provide before it is sent to us.
While we take reasonable steps to secure your information from loss, misuse, interference and unauthorized access, modification and disclosure, you should be aware that transmission of information via the internet is not completely secure, that no security procedures or protocols are ever guaranteed to be 100% secure from intrusion or hacking, and there is always some risk assumed by sharing information online. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us.
5. COOKIES AND OTHER TECHNOLOGY
HOW DOES THE SITE USE COOKIES?
Automated technology collects information from your computer or mobile device and includes cookies, web beacons, local shared objects, or other similar technology. A cookie is a small piece of information sent by a Site that is saved on your hard drive by your computer's browser. A "web beacon" is a small object or image that is embedded into a web page, application, or email and is used to track activity. They are also sometimes referred to as pixels and tags.
Our uses of cookies, web beacons, and similar technologies fall into the following general categories:
1. Operationally Necessary. This includes technologies that allow you access to Site, that are required to identify irregular site behavior, prevent fraudulent activity and improve security, or that allow you to make use of our functions such as shopping cart, saved search, or similar functions;
2. Performance-Related. This includes technologies to assess the performance of our Site, including as part of our analytic practices to help us understand how our visitors use our Site, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our Site;
3. Functionality-Related. This includes technologies that allow us to offer you enhanced functionality when accessing or using our Site. This may include identifying you when you sign into our sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Site;
4. Advertising or Targeting-Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our Site or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
HOW DO I MANAGE COOKIES?
You may refuse or accept cookies from the Site at any time by activating settings on your browser. To find more information about cookies and for instructions on how to disable them please visit www.allaboutcookies.org or visit the help section of your browser. Most browsers are initially set to allow cookies, but also offer the option to restrict cookies or warn you of their use.
GOOGLE ANALYTICS
We use Google Analytics to collect and process information about your use of the Site. Google sets cookies on your browser or device, and then your web browser will automatically send information to Google. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Site.
To learn more about how Google uses data, visit Google’s Privacy Policy and Google’s page on “How Google uses data when you use our partners’ sites or apps.” You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.
THIRD PARTY ADVERTISING AND ANALYTICS DISCLAIMER
We and/or third parties including third-party advertising companies and service providers on our behalf, may use cookies, web beacons and other similar technology, to collect information from you such as your activities on the Site for the purposes described in this Policy including analytics, targeted advertising, monitoring performance, and improvement of our Site (traffic, errors, page load time, popular pages, etc.)
This Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies on third party Sites or which are covered by such third parties' privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices.
6. THIRD PARTY SITES
The Site permits you to link to other Sites on the Internet through direct links or through applications such as "share" or "like" buttons, and other Sites likewise may contain links to the Site. Unless otherwise indicated, prior to visiting our Site or social media accounts, or once you have left our Site or social media accounts, all collection and use of your information is governed by the privacy statements of those Sites and not by this Privacy Policy. We encourage you to review the privacy policies found on such other Sites, services, and applications to understand how your information is collected and used by them.
Do Not Track Notice: Our Site does not respond to Do Not Track signals. In addition, we may allow third parties to collect Personal Information from your activity on our Site, as described in the "Information Collection and Use" section above.
7. CALIFORNIA CONSUMERS ONLY: YOUR CALIFORNIA PRIVACY RIGHTS
The purpose of this section is to inform California residents from whom we may collect Personal Information about certain rights California affords to its residents with respect to Personal Information.
INFORMATION COLLECTED
Within the past 12 months, we have collected the categories of Personal Information about California consumers as described in this Policy in the section labelled "Information Collection and Use of Information."
INFORMATION SOLD OR DISCLOSED
We have not sold any Personal Information to third parties for a business or commercial purpose in the preceding 12 months.
Certain information collected by us, including customer email addresses, newsletter or catalog contact information, Site traffic data, order information, and customer generated content on the Site, is jointly owned with our associated brand partner and is jointly accessible by the partner to provide the shopping experience to you. This jointly owned information is exclusive to us and is not shared with other business partners.
We have disclosed the following categories of Personal Information to third parties for a business or commercial purpose in the preceding 12 months: Personal Identifiers; Commercial Information; and Internet/Network Activity.
RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED, DISCLOSED OR SOLD
You have the right to request that we disclose to you the following information about Personal Information we collect from you:
• Categories of Personal Information collected;
• Categories of sources of Personal Information collected;
• The business or commercial purpose for collecting or selling Personal Information;
• The categories of third parties with whom we share Personal Information; and
• The specific pieces of Personal Information we have collected about you over the past 12 months.
You also have a right to know if we have sold or disclosed your Personal Information for a business purpose over the past 12 months and, if so, the categories of Personal Information sold or disclosed and the categories of third parties to whom the Personal Information was sold or disclosed, along with the business or commercial purpose for which the Personal Information was sold or disclosed.
REQUESTS TO KNOW
To make a request for any of the information set forth above (a "Request to Know"), please submit a verifiable consumer request pursuant to the instructions below. You may only make a Request to Know twice within a 12-month period. We will acknowledge your Request to Know within 10 business days and will attempt to respond substantively within 45-90 days.
The Request to Know must provide sufficient information to allow us to verify that you are the person about whom the Personal Information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request.
RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION
You have the right to request the deletion of your Personal Information collected or maintained by us ("Request to Delete"), subject to certain exceptions permitted by law.
To make a Request to Delete, please submit a verifiable consumer request pursuant to the instructions below. We will acknowledge your Request to Delete within 10 business days and will attempt to respond substantively within 45-90 days.
RIGHT TO OPT-OUT OF SALE OF PERSONAL INFORMATION
You have the right to opt-out of the sale of your Personal Information. We do not and will not sell your Personal Information. If this changes in the future, we will provide you with required notice and the right opt out.
RIGHT TO NON-DISCRIMINATION FOR EXERCISING CONSUMER PRIVACY RIGHTS
You have the right not to receive discriminatory treatment for exercising your privacy rights conferred by the California Consumer Privacy Act, including by exercising the rights specified herein.
AUTHORIZED AGENT INFORMATION
You may designate an authorized agent to make a request on your behalf under the California Consumer Privacy Act.
Authorized agents can make requests under the California Consumer Privacy Act by emailing us at email address: info@scharffenberger.com. We will require authorized agents to provide proof of the consumer’s identity and proof of designation as an authorized agent. We may also require that a consumer verify his or her own identity directly with us before we respond to an authorized agent’s request.
We reserve the right to deny requests in certain circumstances, such as where we have a reasonable belief that the request is fraudulent.
EXERCISING YOUR RIGHTS AS A CALIFORNIA RESIDENT
You can exercise your rights under this section the following ways:
You may make a request here: info@scharffenberger.com
You may also make a request by phone by contacting us at 1-866-608-6944.
Once we receive your request to delete, we will need to verify that you are the person that is the subject of the request (the "Verification Process"). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. If we cannot verify your identity, we will not be able to respond to your request. If the information requested to be deleted is necessary for us to maintain, we will not be able to comply with your request and will notify you this is the case.
We will retain correspondence, documents and information related to any Request to Know, Request to Delete, or Request to Opt-Out for 24 months as required by law.
8. CONTACT US
We value your business and welcome your feedback. Any concerns you have are important to us. If you have further questions about your privacy, please contact us:
Scharffen Berger Chocolate Maker
1105 Benson Way
Ashland, OR 97520
Info@ScharffenBerger.com
9. CHANGES TO THIS PRIVACY POLICY
This Policy may be revised from time to time for any reason. If this Policy changes, the revised policy will include a new effective date, and we will notify you of such changes by posting the revised policy on this page. Be sure to check the Policy whenever you submit Personal Information to us.