Privacy Policy

Privacy Statement
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 
In the event of a merger, acquisition, reorganization, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your personal information and other information we have collected from Website users to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred user information will be subject to this Statement. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
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 [mailus@tonyschocolonely.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 [mailus@tonyschocolonely.com].