PRIVACY POLICY

Gourmet Factory takes user privacy very seriously. We recognize that your privacy is a high priority and we are committed to protecting it. This Privacy Policy (the “Policy”) provides an overview of what information Gourmet Factory may collect from you, and how we may use it. We pledge that we will take reasonable steps to ensure that your personal information will only be used in ways that are in compliance with this Policy.

This Policy is only in effect for any web pages, e-mail lists, collective non‑user-specific information and collective personal information collected and/or owned on Gourmet Factory’s and its affiliates’ web pages and websites, including, but not limited to, the Gourmet Factory website located at www.thegourmetfactory.com, and any online features, services and/or programs offered by Gourmet Factory or its affiliates through such website(s) (collectively, the “Website”). Your use of the Website is also governed by Gourmet Factory’s Terms and Conditions.

Information Collected

Gourmet Factory collects two types of information when you visit the Website: contact information and usage information.

(1) Contact Information

In order to participate in certain features, services and/or programs of the Website, we may require that you provide us with certain specific information, such as your name, mailing address, telephone number, email address, and/or other information specific to you. You can choose whether or not to provide us with this information, but if you choose not to provide any required information, your experience on the Website may be diminished and some features may not be available or may not work as intended.

(2) Usage Information

Gourmet Factory may obtain non-individualized, generic information about you when you visit the Website. This may include your IP address, Unique Device Identifier, browser type and language, arrival time and referring website. The IP address reveals nothing personal about the user other than the IP address from which the user has accessed the Website. We may use this information to examine our traffic in the aggregate, but do not collect and evaluate this information for individuals.

Gourmet Factory may use “cookies” to keep track of your visit and use of the Website. A cookie is a small piece of data that your browser stores on your computer’s hard drive and is used to collect information, such as identifying those areas of the Website that you have visited in the past in order to enhance your next visit to the Website. If you would prefer not to receive cookies, you may be able to alter your browser’s configuration to refuse cookies.

The Website may also contain electronic images known as Web Beacons (sometimes referred to as “clear gifs”). Web Beacons collect only limited information that includes a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any personally identifiable information and are only used to track usage of the Website and activities associated with the Website.

Purpose and Use of Information Collected

We may receive information about you in connection with a request from you and/or providing support to you. We may use your mailing address in connection with the mailing of physical materials we choose to provide to you under a subscription service. We may also, now or in the future, collect names and/or email addresses for the purpose of maintaining a mailing list regarding our products and other products in which we believe you would have an interest. Gourmet Factory does not use your email address or other personally identifiable information collected through the Website for commercial or marketing purposes without your consent or except as part of a program or feature for which you will have the ability to opt-in or opt-out. Non-identifiable information about you may be used for the purpose of improving the features and functionality of the Website.

When Information Is Disclosed By Gourmet Factory

In addition to the other times or occasions on which we might disclose information about users of the Website, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with a legal process and applicable laws; (2) enforce this Policy; (3) respond to claims that information provided from or on the Website violates the rights of third parties; or (4) protect the rights, property or personal safety of Gourmet Factory, its users or the public.

We use reasonable precautions to keep the information that is disclosed to us secure. We may provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our Policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party’s own Privacy Policy.

We may share non-personally identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to demonstrate the usage patterns for Gourmet Factory’s advertisements, content, functionality promotions and/or services on the Website.

We also reserve the right to disclose personally identifiable information and/or non-personally-identifiable information in connection with the enforcement of our Terms and Conditions, to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Website, and to protect the rights, property, or personal safety of Gourmet Factory, our users or others.

We reserve the right to transfer your personally identifiable information, as well as any other information, in connection with the sale or other disposition of all or part of Gourmet Factory’s business and/or assets. We also cannot make any representations regarding the use or transfer of your personally identifiable information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties (including other users of the Website) that receive any of the information that is disclosed to us.

Information From Children

The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect personally identifiable data from any person that we know to be under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Policy, and to abide by and comply with this Policy. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.

Privacy Outside the Website

The Website may contain various links to other websites, including links to various third party service providers. Gourmet Factory is not and cannot be responsible for the privacy practices or the content of any of those other websites. Please check with those websites in order to determine their privacy policies and your rights under them.

Information Security

We make every effort to ensure that information collected through the Website is not lost, misused, or altered inappropriately by administering security measures. However, all information transferred over the Internet can potentially be accessed by unauthorized parties; therefore, Gourmet Factory cannot guarantee the security of your data transmitted to the Website.

Choices With Your Personal Information

Whether you submit personally identifiable information to Gourmet Factory is entirely up to you. You may decide not to submit personally identifiable information through the Website, in which case Gourmet Factory may not be able to provide certain services to you.

You may opt out of any disclosure or use of your personally identifiable information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by following the instructions at the end of this Policy, or by following the procedures set forth in an electronic communication from us, if applicable. There are some uses from which you cannot opt-out, such as our use of information about you in connection with providing support that you request for the Website.

Your California Privacy Rights

Under California’s “Shine the Light” law, California residents who provide personal information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing activities).

To obtain this information on behalf of Gourmet Factory, please send an email message to info@thegourmetfactory.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response.

Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

Additionally, because we may collect your Personal Information from time to time, California’s Online Privacy Protection Act requires us to disclose how we respond to “do not track” requests and other similar mechanisms. Currently, our policy is that we do not recognize “do not track” requests from Internet browsers and similar devices.

Your Consent To This Policy

By using the Website, you consent to the collection and use of information by us as specified above or as we otherwise see fit unless you inform us otherwise by means of the procedure identified below. If we decide to change this Policy, we will make an effort to post those changes on this web page so that you will always be able to understand what information we collect, how we use that information and under what circumstances we may disclose that information to others. Your use of the Website following any amendment of this Policy will signify your assent to and acceptance of its revised terms. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you.