Last updated June 7, 2018

INTRODUCTION

Cookies by Design recognizes the importance of maintaining the privacy of our customers, registered account holders, gift recipients and users, and has established this Privacy Policy as a result. The purpose of this Privacy Policy is to inform you of:

• the personal information we may collect from you when you visit our Website, respond to our emails, place orders via our website, mail, email, through social media applications (such as our Facebook App), or otherwise contact us via telephone, email, fax or mail (collectively, our "Service"),
• why we gather information from you,
• how we collect it,
• how we use it (including with whom we may share it), and
• the choices you have regarding our use of, and your access to and correction of, personal information you have provided.

This Privacy Policy is part of the Terms of Use, which governs your use of our website located at www.cookiesbydesign.com (the "Website") and the Service. The Service is operated by Cookies by Design Inc. (the "Company"). This Privacy Policy does not cover information you provide to our Company-owned or franchised retail stores.

Please Note: You must be 18 years or older and the age of majority in your place of residence to use, subscribe or register an account. The Service is a general audience site and we do not knowingly collect, maintain or disclose personal information from or about children under 13 years of age.

WHY DO WE GATHER INFORMATION?

The Company and the Service gathers personal information mainly to communicate with you and to process your orders, but also to help improve our products and customer service, to provide an enhanced and more personalized shopping experience and to inform you, and your gift and message recipients, of special offers and discounts from Cookies by Design, Company Affiliates (as that term is defined below and in our Terms of Use) and selected third parties. For individuals in the European Union (“EU”), our processing (i.e. use) of your personal data is justified on the following legal bases:

• the processing is necessary to perform a contract with you or take steps to enter into a contract at your request;
• the processing is necessary for us to comply with a relevant legal obligation;
• the processing is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities; or
• you have consented to the processing.

This Privacy Policy applies to all visitors, including EU residents.

WHAT INFORMATION DO WE GATHER?

Depending on how you interact with us, we collect some or all of the following types of information:

• your name, address, telephone number, email address, user ID and contact information,
• billing information (credit/debit card number, expiration date, CVV code, alternate or additional billing information and billing address),
• gender and birth date, if you choose, or are otherwise required to, enter such information, and interests,
• products purchased and occasion type (for example, Mother's Day),
• any promotion code
• Message and gift recipients' names, addresses, telephone numbers and email addresses,
• device information - information about your mobile device, including platform information, user identification number and device location,
• network information – network information, including IP address, network carrier and country code, browsing information, such as how you interact with the Services; and
• other information you provide to us, including User Submissions (defined in the Terms of Use ).

Members may also add to their Address Book the name, address and telephone number of friends or other persons to whom they may wish to send gifts or expressions. Other Members do not have the right to view and edit your Address Book entries.

HOW DO WE COLLECT INFORMATION FROM YOU?

A. In general.

We collect information through our Website, emails, mail, fax, telephone, mobile devices and social media applications (such as our Facebook App) including when you:

• visit our Website and use our Service,
• place an order,
• participate in our forums, surveys, contests, sweepstakes, promotions, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, and membership registrations, and
• engage in other activities, services, products and resources we make accessible to our customers, members or users.

The information may be provided directly to us by you when placing an order or participating in a survey, etc., or, as is true of most websites, we gather certain information automatically. This information may include internet protocol (IP) addresses, browser type, device information, internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends and administer the Website. This information may be collected by us even if an order, registration, or other process is started but not completed or is otherwise cancelled.

B. How we use "Cookies" and "Action Tags."

A "cookie" is a small data file sent to your browser from a web server and stored on your computer. We use cookies to let us know that you are a prior customer, user or Member and to provide certain features to you. Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or "Help" screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Site and Services may not function properly.

We have relationships with third parties who may collect or receive information directly from the cookies placed by our Service on your computer to assist in analyzing our business and customers. Our Service may also use a common web technology called "action tags" (also called single pixel gifs or web beacons) to track purchase, usage and other web activity information. Action tags may be used to provide data to third parties for tracking purposes. In addition, third parties may set their own cookies and tags through our Service (such as through interest-based advertising, described below). We do not control such third parties or their privacy practices. If you do not want third parties to be able to use such methods, you should modify your browser settings to limit such access.

C. Interest-based advertising.

1. Our Services. We collect data from you for use in interest-based advertising when you use our Service. Other companies may serve interest-based advertisements on our Service. We comply with the Self-Regulatory Principles for Online Behavioral Advertising as administered by the Digital Advertising Alliance ( aboutads.info).

2. Other Services. Advertisements for our products and services may appear on third party websites around the Internet. Some websites and services deliver these advertisements based upon data that has been previously collected about your past behavior online. For example, if you have viewed websites about gift baskets, these websites or services may display to you an advertisement for our gift baskets. This kind of targeted advertising is sometimes called interest-based or online behavioral advertising. It is generally not based upon your personal information (such as your name or email address), but rather, upon your online activities. We do not control such third party websites or services on which these advertisements appear. Further, we do not control how they collect and use data about your online activities.

3. Consent. You may opt-out of being tracked online by certain companies who are listed at www.aboutads.info/choices/ OR www.networkadvertising.org/managing/opt_out.asp and may also learn more about online behavioral advertising at such websites. If you opt-out, you will still receive generic advertisements, but they will not be delivered to you by such companies from whom you have opted out based upon your behavioral data possessed by the companies from whom you have opted-out. This process relies upon an opt-out cookie, for each browser and each device, so if you delete your cookies or use a different computer, you will have to repeat this process. We do not respond to or honor "do not track" (a/k/a DNT) signals or similar mechanisms transmitted by web browsers.

HOW WE USE/SHARE THE INFORMATION WE COLLECT

We use information we collect to communicate with you, to process your orders, to improve our products and services (such as by responding to your feedback), to conduct research (such as statistics on favorite -- i.e., most ordered -- products), to provide an enhanced and more personalized shopping experience (for instance, to provide event reminders, such as birthdays), to inform you and your gift recipients of offers and discounts from Cookies by Design and Company Affiliates. We may also use your information, as necessary or appropriate in our view, to operate the Service, process orders or registrations, to conduct promotions, contests, and sweepstakes you participate in. We may combine information we receive from you via our Service with information from our Affiliates and third parties. We use the combined information to enhance and personalize your shopping experience with us (for example, by keeping your profile up-to-date) and to communicate with you in accordance with this Privacy Policy. In addition, as provided below, the Company may use or share your data with both affiliated and unrelated third parties, for the purposes so identified.

A. Affiliate Data Sharing.

We may provide your information to our Company Affiliates for use in connection with their businesses, including sending you offers and promotions. However, in connection with information collected under this Privacy Policy, they are required to comply with this Privacy Policy. "Affiliates" are persons or entities directly or indirectly controlling, controlled by, or under common control with, or in the same corporate family as, Cookies by Design, Inc.

B. Sharing with Others.

We may also share your information with our subcontractors, agents, consultants, financial institutions, credit/debit card payment processors, business partners, vendors and service providers, but we generally only authorize them to use such information for our benefit, for instance, to process your order and to better communicate and provide appropriate offers to you and your gift recipient.

In addition, we may make such information (except for credit/debit card numbers, expiration dates and CVV codes, unless you consent otherwise), including aggregated information, available to selected third parties including, but not limited to, those who share or rent information for direct marketing purposes.

We may use your information to match it with other public and private data sources (such as the U.S. Postal Service and publicly available consumer data warehouses) or the records of our business partners solely to enhance our records and keep them current (such as by updating your profile with a new address, interests, and the like). We also may work with other third parties who also possess your information in order to engage in advertising and other promotional services, for example, to enhance one or both of our advertising or promotional endeavors.

C. Change of Business.

We may transfer your information in connection with the sale, lease, license, assignment (of part, or all, of our business), acquisition, merger, reorganization or change of control of the Company, our Affiliates, or the division responsible for the Service with which your information is associated, or as part of a bankruptcy proceeding.

D. For Legal Purposes.

In certain situations, we may be required to disclose personal data in response to lawful requests from public authorities, including to comply with national security or law enforcement requirements. We reserve the right to disclose information we collect from you, or that you provide to us, as required by law, in response to legal process and law enforcement requests, when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, respond to a government request, and to protect the rights or property of the Company, its Affiliates, users, customers, recipients, Members, Sponsors, Providers, Licensors, Merchants and Associates (as these terms are defined in the Terms of Use ).

E. Social Media

Please note that any personal information you reveal or post on one of our public forums (as defined in the Terms of Use ), such as a message board, chat room, blog, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, and all User Submissions, are not protected by this Privacy Policy and may be collected, shared and used by us, and with third parties, including to contact you. Information you provide or post on our public forums, you disclose at your own risk.

WHERE WE STORE YOUR INFORMATION

Our Service is operated in the United States. If you are located outside the United States, please be aware that any information you provide to us may be transferred to, and stored in, the United States. By using the Service or otherwise providing us with information, you hereby consent to this transfer.

Although personal information collected by us through the Service will be used by us in accordance with this Privacy Policy, laws generally applicable to the protection of personal data in the U.S. may not be as stringent as those in other countries.

HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We may retain your information in accordance with our data retention policies and for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements, or until you request us to stop using it. We may, however, keep some of your personal information to ensure that we comply with your request not to use your personal information or comply with your right to erasure. For example, we must keep your request to be erased, even if it includes your personal data, until such time as you are no longer our customer. If you have questions about our data retention policies, or would like a copy of such, please contact us as noted below.

HOW YOUR INFORMATION IS SECURED

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at [email protected]

If you place an order on our Website, it encrypts the credit/debit card number you submit prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the website is viewed using Microsoft IE®, Google Chrome®, Mozilla Firefox®, and Apple Safari® browsers. However, no transmission of data over the Internet or any other network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard personal information once we receive it, we cannot warrant the security of information we receive.

Portions of the Service (such as our Account registration and Address Book) may require registration and log-in processes in which you will select a user ID and password (collectively, the "Password"). Passwords provided to you by us are the confidential property of the Company and may be used by you solely for your individual use of the Service (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.

HOW TO LIMIT THE USE OF OR MODIFY YOUR INFORMATION

We want to communicate with you only to the extent you want to hear from us. Any promotional email we send to you (or your gift recipient after consent) will include an “unsubscribe” link to use or a link to opt-out of receiving further promotional emails from the sender.

If you wish to set your preferences concerning promotional communications, or you prefer not to have your personal information shared with third parties, please let us know by contacting us as noted below in the “How to Contact Us” section and identify your preferences regarding promotional communications and the sharing of your contact information. Your instructions will be processed as soon as reasonably practicable and in accordance with law.

Your California Privacy Rights California law permits customers, who are residents of California, to request information about their personal information, if any, that Cookies by Design discloses to third parties for the third parties’ direct marketing purposes.

To make such a request, please write to us at:

Cookies by Design, Inc
Attn: Legal Department
85 Montpelier Street G101
Brampton, Ontario, Canada L6Y 6H4
Email: [email protected]
Phone: 877-708-2789

If you would like to update or correct information previously provided to us, please contact us as indicated below in the “How to Contact Us” section. Upon your written request, we will provide you with information about whether we hold any of your personal information. We will respond to your request within a reasonable timeframe.

Members can directly access, modify and update their membership information (including name, mailing address, birth date, telephone number and email address) by accessing the password-protected "Update Membership" page.

WHAT IF I CHOOSE NOT TO GIVE YOU MY PERSONAL INFORMATION

You are not obligated to provide us your personal information. However, if the personal information is necessary in order to supply goods or services to you under a contract or an order between you and the Company and you do not give us your personal information, then we will not be able to enter into that contract or honor that order for goods or services.

LINKS TO OTHER WEB SITES

Cookies by Design wants you to be aware that when you click on links and/or ad banners that take you to affiliated or third-party services, you will be subject to the privacy policies and terms of use of those services, not ours. We encourage you to read the posted privacy statement and user terms whenever using, and prior to providing any personal information to, any other service.

We may provide you with the ability to log into our Service using a social media account, such as Facebook Connect. We do not control the activities of such social media services and have no control over the data they collect or their privacy practices. You should review their privacy practices before using any such social media service.

HOW TO CONTACT US

Cookies by Design welcomes feedback concerning this Privacy Policy. Please send your comments and questions to: [email protected]

Please contact us by any method indicated below:

• Email us at: [email protected] to request removal from our email list (i.e. not shared with third parties), and include your postal mailing address in the message;
• Write to us at:
  Customer Satisfaction Department
  Cookies by Design
  85 Montpelier Street G101
  Brampton, Ontario, Canada L6Y 6H4
• Telephone us at: 1.877.SO.TASTY (1-877-708-2789) If you would like to update or correct information previously provided to us, please send an e-mail with your new information, including your complete name, postal address, and email address to: [email protected]

CHANGES TO THIS PRIVACY POLICY

The Company may change this Policy from time to time in the future. Any such changes will be posted here. We advise you to check back frequently to see any updates or changes.

By using the Website and the Service, after such changes take effect, you agree to be legally bound and to abide by the revised Privacy Policy and Terms of Use, of which this Policy is a part.

Last updated November 1, 2019