Privacy Policy

Dylan’s CandyBar, LLC respects your privacy. Consistent with our commitment to providing you a satisfying and helpful online experience, we have found that collecting Personal Information (defined below) through www.DylansCandyBar.com (the "Site"), affiliated sites and our retail stores (referred to in this Privacy Policy as the "Stores"), helps us better understand the products and services most helpful to you. Our Privacy Policy (“Policy”) describes the types of information we may gather online and in our Stores and how we may use this information. Please read this information carefully.

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.

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

The Platform for Privacy Preferences Project ("P3P") is a standard developed by the World Wide Web Consortium ("W3C") that provides an automated, machine-readable mechanism for understanding the use of your Personal Information by the Web sites you visit. P3P uses a standardized set of multiple choice questions covering the major elements of a Web site's privacy policy to provide a cross-section of how the particular Web site handles the personally identifiable information of its users. P3P-enabled browsers can automatically read this set of preferences made available by P3P-enabled Web sites and compare this information to the user's own set of privacy preferences. For example, Internet Explorer 6.0 requires third parties to set cookies to deliver P3P "compact" cookie policies with their cookies, and other browsers may use this mechanism soon. To enhance your online experience further, the Site is now P3P enabled. For more information on the W3C and P3P, please visit http://www.w3.org/P3P/. Given certain limitations in the parameters chosen by W3C, however, the P3P mechanisms may not describe the Site's privacy practices as accurately as this Policy. Accordingly, where discrepancies exist between this Policy and the P3P "compact" policies, this Policy shall control.

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.

SUBMISSIONS OF USER CONTENT

You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Dylan’s Candy Bar or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to Dylan’s Candy Bar, including, for example, #dylanscandybar and #dylans. Such Submissions may be used on the Website and/or on other Dylan’s Candy Bar marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Dylan’s Candy Bar to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). Dylan’s Candy Bar is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.

Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Dylan’s Candy Bar, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in this Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in this Terms of Use for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google+’s Terms of Use.

You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Dylan’s Candy Bar, our vendors, and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws.

When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Dylan’s Candy Bar without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

Dylan’s Candy Bar reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Dylan’s Candy Bar is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Dylan’s Candy Bar, including its licensors and/or vendors, and Dylan’s Candy Bar does not endorse any such opinions, statements, or materials.

You acknowledge and agree that Dylan’s Candy Bar has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.

FEEDBACK

Any questions, comments, suggestions, or other information about Dylan’s Candy Bar products or services submitted to Dylan’s Candy Bar through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. Dylan’s Candy Bar shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Dylan’s Candy Bar specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.

FEEDBACK AND USER CONTENT

You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Dylan’s Candy Bar does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Dylan’s Candy Bar expressly disclaims any liability for such Feedback and User Content.

You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content, that you may not rely on said Feedback and User Content, and that under no circumstances will Dylan’s Candy Bar be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Dylan’s Candy Bar does not pre-screen or approve Feedback and User Content, but that Dylan’s Candy Bar shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.

Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. Dylan’s Candy Bar expressly disclaims any liability for such organizations, events or individuals.

USER CONDUCT

You agree not to transmit to Dylan’s Candy Bar any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Dylan’s Candy Bar employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which is not designated for such purposes or emailed to Dylan’s Candy Bar users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Dylan’s Candy Bar computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.

Dylan’s Candy Bar may refuse, delete, modify, edit or remove any Submissions at any time for any reason and Dylan’s Candy Bar may terminate your access to the Website or your account at any time for violation of these terms of use or any other reason.

Dated: August, 2019