By accessing the Site and shopping in our Stores, you agree to be bound by this Policy. This Policy may be updated from time to time. Accordingly, you should check the date of this Policy (which appears at the end of the Policy) and review any changes since the last version. If at any time you do not agree to the terms of this Policy, please do not use this Site and refrain from purchasing from us.
Our products are also available for sale in Dylan’s Candy Bar shops within many department stores, and in retail stores other than the Stores. Data collected in these stores is the property of the department stores or such other retail stores and is not provided to Dylan’s CandyBar, LLC. If you have questions about the privacy policies of such department stores or other retail stores, please contact the applicable department store or other retail stores.
Any Personal Information collected by us in the European Union (“EU”) countries and transferred to the United States is subject to EU Data Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data (the “EU Data Directive”).
Use of Information Collected by Us
Dylan’s CandyBar, LLC may collect two types of information about users: "Personal Information" (such as name, email address, mailing address, phone number, birthday, credit card number and the items you purchase) and "Aggregate Information" (such as information about how many users log on to our Site on a daily basis or frequency of customer visits to our Stores).
We use customer information in an effort to improve your shopping experience and to communicate with you about our products, services, promotions and contests. We may also use this information to make offers to you, to help us target specific products and services to you, and to help us develop and improve our Site and Stores and tailor our Site and Stores to your interests.
Personal Information Collected Online through the Site and at Our Retail Stores
Personal Information is collected online by us or our service providers on our behalf when users voluntarily register with the Site to purchase items, receive electronic newsletters, use community and communication services, answer surveys and enter contests and other promotional opportunities provided on the Site, when users make a purchase, and when users utilize the "Email to a Friend" feature. We also maintain a record of your product interests and purchases online. We may receive personal usage and demographic information from our Stores and from third parties we work with.
In our Stores, Personal Information is collected from you in a number of ways, including the following:
- When you purchase products from our Stores, we may collect your name, address, birthday, email address, telephone number(s) and credit card information (with the expiration date). In addition, we collect transaction information related to your purchase (such as what you bought, the price you paid, the payment method you used and if the product was on sale).
- When you fill out any in-store promotional surveys, we may gather certain Personal Information, such as your opinions on specific products and/or services, in addition to identifying information, such as your name, address, birthday, telephone number(s), email address(es), income and employment status.
Aggregate Information Collected Online by the Site and at Our Retail Stores
Aggregate Information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, frequency of Store visits, Site pages you access most frequently, or search terms you enter. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who shopped on the Site during a specific time period or the number of people who shopped at our Stores who are 25 years of age is Aggregate Information that does not personally identify a specific user. Both the Site and our Stores collect Aggregate Information.
Order-related and Promotional Email
You agree that the Site is authorized to transmit email to you for the purpose of informing you about your particular transaction.
In addition, the Site and its affiliates may offer electronic newsletters and promotional emails to those who have agreed to receive emails during registration or directly from our email sign-up form. Unsubscribe instructions are included in each promotional email.
Sharing Information with Third Parties
The Site does not share, sell or trade with third parties your Personal Information gathered online, such as email addresses, Personal Information collected as part of an online survey or other specific details about you, except with your consent or as described in this Policy. The Site does not contribute to or participate in cooperative databases, which give other companies access to such Personal Information.
The Personal Information and Aggregate Information collected at our Stores may be shared with the Site as well as reputable third-party organizations to contact consumers for marketing and promotional purposes. Third party contacts to our customers may be initiated only by postal mail. Except as described in this Policy, our Stores will not share your telephone number or e-mail address.
The Site, affiliate sites, and our Stores may divulge Personal Information if such action is required for Dylan’s CandyBar, LLC or any of our service providers or consultants to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or any valid administrative request from a law enforcement agency. In addition, we may divulge Personal Information if we or any of our service providers or consultants believes that such disclosure is necessary to address any unlawful acts or acts that may endanger the health or safety of another customer or of the general public.
Service Providers, Consultants and Affiliates
We may share Personal Information and Aggregate Information with our service providers, consultants and affiliates for our internal business purposes.
Use of Pixel Tags/Clear GIFs/Web Beacons
A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of our Site but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.
Notice to P3P Users
Security and SSL
Protecting your order information is a priority for us. We use Secure Sockets Layer (SSL) technology to protect the security of your online order information. To check the security of your connection, look at the lower right-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active and the server is secure. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the Site address will change from "http" to "https." Some versions of browsers and some firewalls don't permit communication through secure servers. In that case, you won't be able to connect to the server and therefore won't be able to place an order through a secure connection. If you cannot access the secure server for any reason, please print our shopping page and place your order by phone at 1-866-939-5267.
If you prefer not to receive marketing emails from the Site or affiliate sites, please let us know by clicking on the unsubscribe link within any marketing email you receive from us. If you prefer not to receive marketing mail via the mail carrier, please let us know by sending a request to Customer Service, Dylan’s Candy Bar, LLC, 315 E. 62nd St, 6th FL, New York, NY 10065. Please be sure to include in any email or postal mail your full name, email address, postal address and any message.
Please note that such requests may take up to twenty (20) days to become effective.
If you do not wish to have Personal Information collected in our Stores shared with third-party organizations, you can have your name placed on a "do-not-share" list (in which case, such Personal Information will not be shared with third parties) by sending a request to Customer Service, Dylan’s Candy Bar, LLC, 315 E. 62nd St, 6th FL, New York, NY 10065. In addition, you may call us to become part of the "do-not-share" list at 1-866-939-5267.
Children and Privacy
The Site is concerned about the safety of children when they use the internet, and understands that children may not understand all the provisions of our Policy or make informed decisions about the choices that are made available to adult users of the Site. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit.
Our Site and affiliate sites are not directed to children under the age of 13, and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.
Links to Other Sites
Personal Information Collected By Dylan’s CandyBar, LLC and Correction Requests
You can ask us by mail for a summary of any Personal Information that the Site or the Stores have retained about you. Please address your request to Customer Service, Dylan’s Candy Bar, LLC, 315 E. 62nd St, 6th FL, New York, NY 10065. We will send such information for review only to the email address or mail address that we have on file for the visitor name that is associated in our database for such information. If at any time you wish to change, correct or update your Personal Information, please send your request to Customer Service, Dylan’s Candy Bar, LLC, 315 E. 62nd St, 6th FL, New York, NY 10065 or email us at customer firstname.lastname@example.org. Please be sure to include your email address, full name and postal address.
No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of the Site to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither the Site nor any of our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is done at your own risk.
Limitation on Liability
In no event shall the site, Dylan’s CandyBar, LLC, the stores or any of our affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, even if these entities have been previously advised of the possibility of such damages, whether in an action, under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from the site. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
The laws of the State of New York will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of law.
Dated: February, 2009