Privacy Policy

ChocFactory.com Privacy Policy

Our contact details

The type of personal information we collect

We currently collect and process the following information:

• Personal contact details, which may include name, title, address (both billing and delivery addresses), email address and telephone number(s).
• Your date of birth and age, gender, and the name of any delivery recipient.
• The details related to, or connected to, the products that you have ordered from us.
• Your customer account details, including your username, your order history, communication preferences, including feedback and responses to our Customer Services team.
• Payment details and the payment card details you used for orders and refunds.
• Any Terms and Conditions (T&Cs), or Terms of Sale, relevant to your relationship with us.
• Any communications between yourself and Choc Factory.
• Any data that you provide to us directly about your social media handles or accounts or which we have access to when you connect with and/or follow or like us. This also includes your social media photograph, date of birth, your location, your occupation and interests, product/services endorsements and any other information or content you have made available via these social media accounts.
• Your responses to and the results of surveys.
• Information related to the prevention of fraud, which may include details of other transactions you have been involved in.
• Applications to enter or attend competitions and promotions and any results or other related personal information.
• Applications to attend events, including attendance at events or related personal information.
• How you use our website, as we collect information about the pages you look at and how you use them. This includes account details and passwords, the website entry and exit data, the details of products on our websites, and materials that may be of interest to you. This also includes when you subscribe to one of our updates, blogs or other materials. We also collect browser related information and cookies that are set on your device by our website, which are covered in our Cookie Policy.
• IP address information which allows us to track your usage of our website.
• Information related to any query, complaint, claim or case involving both us and you including any related communications.
• Content, including video and audio recordings, photographs or other content, created during one of our marketing campaigns, taken at an event, opening or pop-up.
• Any other personal information you provide to us.

Device information

• Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
• Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
• Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
• Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
• Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
• Source of collection: collected from you.

Customer support information

• Examples of Personal Information collected: Name, e-mail address.
• Purpose of collection: to provide customer support.
• Source of collection: collected from you.
• Disclosure for a business purpose: N/A.

Minors

How we get personal information and why we have it

• Information that you’ve inputted into our website; through your customer account, from orders you’ve placed, from communication and correspondence you’ve had with us, through entries to competitions or promotions, applications for jobs or to attend events, or through other interactions with us

• From individuals known to you, who gave us your personal information, in order for us to process an order of products as a gift to you.

• Process your personal information to carry out and perform our relationship with you.
• Process your personal information so that we can handle any order that you, or an individual known to you has placed with us, and where the delivery is for you, and to pick, pack, despatch, ship and track that order so that we can make sure it arrives safely.
• Perform a contract we have entered into with you, which covers your relationship with us, or to take steps to enter into that contract.
• Send you any direct marketing materials or campaigns in relation to our products or services that you have given consent to be sent to you.
• Process your personal information in order to manage our social media or relationship with you online. We may rely on your specific consent in order to do this, e.g. if you provide us with a video, photograph or content for us to use.
• Comply with a legal obligation that applies to us; for example complying with laws relating to the sale of products to consumers or complying with data protection laws.

• Any third party that you have approved.
• Service providers that we may be working with to operate our business, for example Information Technology (IT) services suppliers, product reviews suppliers, logistics and warehousing providers, delivery and shipping providers, payment providers and deferred payment providers, fraud prevention organisations, marketing and public relations (PR) service providers, market research and analysis providers, and data cleansing providers.
• Third parties that process personal information on our behalf and in accordance with our instructions.
• Our legal advisers, or other professional advisers, including auditors.
• Professional advisors that you have appointed, for example a legal advisor.
• Social media and other online platforms where relevant to our relationship with you.
• Governmental entities, regulators, police, law enforcement agencies, security services, courts/tribunals to the extent where it’s necessary to:
  • comply with a government request or applicable law and to respond to legal process.
  • prevent any illegal use of our website or violations of our Terms of Use, Terms of Sale and our other policies.
  • defend ourselves against third party claims.
  • assist in fraud prevention or investigation (e.g., counterfeiting).

SMS

Sharing Personal Information

• We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
• Behavioural Advertising.

• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

• FACEBOOK - https://www.facebook.com/settings/?tab=ads
• GOOGLE - https://www.google.com/settings/ads/anonymous
• BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

Using Personal Information

Lawful basis

• Your consent.
• The performance of the contract between you and the Site.
• Compliance with our legal obligations.
• To protect your vital interests.
• To perform a task carried out in the public interest.
• For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

How we store your personal information

Your information is securely stored

Your data protection rights

• Your right of access - you have the right to ask us for copies of your personal information.
• Your right to rectification - you have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• Your right to erasure - you have the right to ask us to erase your personal information in certain circumstances.
• Your right to restriction of processing - you have the right to ask us to restrict the processing of your personal information in certain circumstances.
• Your right to object to processing - you have the the right to object to the processing of your personal information in certain circumstances.
• Your right to data portability - you have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

Exercising your rights

• Non-Discrimination: We will treat you fairly and will not discriminate against you for making these requests. If you choose to delete your account, you are welcome to create a new account on our website whenever you wish.
• Verification: To ensure the security and accuracy of your requests, we will verify them by either sending a message to the email address associated with your account (so it's important that you have access to this email account) or by asking you to provide information that matches what we have on record for you. We will process your request based on the personal information linked or reasonably linkable to the information provided in your request. In certain cases, we may ask for additional information to verify your request or to facilitate the processing of your request. If we cannot sufficiently verify a request, we will notify the individual making the request.
• Authorized Agents: You, or an authorized agent acting on your behalf, may request to exercise your rights. Before we can fulfill a request from an authorized agent, we may require verification of your identity and proof that the agent has the authority to act on your behalf. We may also require the relevant consumer to directly verify their identity and confirm the agent's authority.
• Contacting Us: If you have a request concerning your personal information that cannot be fulfilled through your account settings, please contact us: hello@chocfactory.com
• Denials and Appeals: If we deny your request, we will notify you and provide the reasons for the denial, along with instructions regarding your rights under applicable laws to appeal the decision. If your appeal is denied, we will inform you of your rights under applicable laws to contact the Attorney General and submit a complaint.

Changes to our Privacy Notice

How to complain

Additional State-Specific Information

Residents of California

Categories of Personal Information Collected

• identifiers;
• personal Information described in California Section 1798.80(e);
• characteristics of protected classifications under California or federal law;
• commercial Information;
• internet or other electronic activity information;
• geolocation data;
• audio, electronic, visual, thermal, olfactory, or similar information;
• inferences;
• sensitive personal information, specifically: (a) login, password, or credentials allowing access to an account; and (b) precise geolocation information.

Categories of Personal Information Disclosed for Business Purposes

Categories of Personal Information Shared with Third Parties

Categories of Third Parties

• Advertising and Social Platforms and Networks.
• Third Party Partners Connected to Your Membership (in accordance with your privacy settings and/or your consent).

Categories of Personal Information Shared with Third Parties

• Identifiers.
• Device information.
• Online Activity and Browsing Information.
• Inferences.
• Commercial Information.

Privacy Rights

• to know what personal information is collected;
• to access personal information;
• to correct personal information;
• to delete personal information;
• to opt-out of the “sale” of personal information;
• to opt-out of “sharing” of personal information for cross-context behavioral advertising;
• to limit the use of sensitive personal information;
• to limit the use of sensitive personal information;

Information for Residents of Virginia

Privacy Rights

• to access personal information;
• to correct personal information;
• to delete personal information;
• to opt-out of targeted advertising;
• to non-discrimination;
• to appeal.