Information You Provide

Some elements of the Platform will ask you to submit Personal Information in order for you to benefit from the specified features or to participate in a particular activity. For example, we may request Personal Information from you when you contact Gertrude Hawk on the Platform, including your name, shipping address, email address, and phone number. You may also have the opportunity to submit other data and information about yourself and your surroundings, such as your present location, another location of interest, or information related to your social media presence. You will be informed what information is required to utilize these features of the Platform, and what information is optional.

If you contact us, we will keep a record of that correspondence. You may also voluntarily provide information to us if you complete a survey or answer questions about your experience with the Platform.

We may combine the information you submit through the Platform with other information we have collected from you, whether on- or offline. We may also combine it with information we receive about you from other sources, including publicly available information sources (such as publicly available social media profiles) as well as our service partners and data licensors, in compliance with applicable laws. We may inform you of other information collected by or through the Platform at the point of collection. 

We collect personal information including, but not limited to, your name, email address, password, postal address, phone number, and date of birth, which you voluntarily provide to us. This information is used to fulfill orders, create and manage your account, and for direct communication regarding services and products you have opted into. We also use your information to send promotional emails about new products, updates, and special deals, from which you can unsubscribe at any time. Your personal information is strictly used for internal purposes and is not sold to any third parties. This policy applies to interactions at our physical locations, online platforms, and any entities owned or operated by Gertrude Hawk Brands, Inc.

SMS and Text Messaging

When you sign up for our SMS or text message notifications, you must go through a double opt-in process to confirm your consent to receive these messages. This ensures that we have your explicit permission to send you SMS and text notifications. Carrier message and data rates may apply to each message sent or received in connection with our SMS and text alerts, according to your service agreement with your wireless carrier.

We use SMS and text messages to send you updates and information about your orders, promotional offers, and events that may be of interest to you. We comply with all applicable regulations concerning SMS and text messaging and will never sell your information to third parties.

To unsubscribe from our SMS/text services, you can follow the instructions provided in the messages we send.

Passive Information Collection, Use, & Choices

As you navigate the Platform, certain Personal Information may be passively collected, meaning it is gathered without your actively providing it. We may collect and store such information automatically whenever you interact with the Platform.  This is done using the following technologies in the following ways:

i. Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type and operating system type and version screen resolution, and Internet browser type and version.

ii. Through your device: If you access the Platform through a mobile device or other network-connected product, certain information may be collected about that device, including your device type, network service provider, and other identifiers. We may collect unique device identifiers (such as IDFA and AID tags and UUID and UDID identifiers) associated with the device you use to access the Platform.

iii. Using cookies: Cookies are pieces of information stored directly on the computer you are using. Cookies allow us to collect information such as browser type, time spent on the Platform, pages visited, and language preferences. We and our service providers use this information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Platform. More specifically, we use cookies to:

• • recognize your computer or device to make your use of the Platform easier, such as to remember your locations of interest and other preferences with the Platform;
  • gather statistical information about use of the Platform in order to continually improve its design and functionality, understand how individuals use it, and to assist us with resolving questions regarding it;
  • select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Platform and on other websites, applications, and online services that you use; and
  • track consumer responses to online advertisements. To learn more about cookies, please visit http://www.allaboutcookies.org.

Our website uses cookies and other tracking technologies to enhance your browsing and order experience and to allow us to improve our website design and functionalities. These technologies help us understand user behavior on our site, provide personalized content and advertisements, and analyze website traffic. We strictly use this information for internal marketing and operational purposes, and do not sell or share it with third parties for outside use. You have the option to manage your cookie preferences through your browser settings to block or alert you about these cookies, but blocking them may affect your experience on our website.

iv. Using Monitoring Tools: The Platform may utilize pixel tags, web beacons, clear GIFs, Flash Shared Objects, HTML5 Local Storage, HTML5 Mini Databases, and other similar technologies (collectively, “Pixel(s)”), both on certain aspects of the Platform and in HTML-formatted e-mail messages to you. These monitoring tools are used for the purpose of, among other things, measuring the success of our marketing campaigns, compiling statistics about Platform usage and response rates, and tracking the activities of users of the Platform and e-mail recipients.

v. IP Address: Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP Address is identified and logged automatically in our server log files whenever a user visits the Platform, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many online service providers, including website operators. We use IP Addresses for purposes such as calculating Platform usage levels, helping diagnose server problems, and administering the Platform.

If you are uncomfortable with the idea of your Personal Information being collected and used in these ways, most computer systems, devices, and web browsers offer privacy settings and options, such as disabling cookies, resetting your IDFA, and turning off location-based services. We do not override these settings or options and encourage you to use them to enhance your choices and personalize your experiences. However, in order to access certain content, features, services, products, or benefits of the Platform, you may be required to provide us with certain information. If you do not wish to provide that information through the Platform or if you opt to utilize the aforementioned privacy features, you may be unable to obtain certain content, features, services, products, or benefits of the Platform. Changing these settings will not prevent you from seeing advertisements and offers, but those advertisements and offers may not be tailored to your interests and needs.   

Social Media and Other Third-Party Platforms

You may engage with our content, such as video, applications, and other offerings, on or through social media services or other third-party platforms, such as Facebook, Twitter, and Pinterest. When you engage with our content on or through social media services or other third-party platforms, plug-ins, integrations, or applications, we may have access to certain information in your profile with that service or platform. This may include your name, e-mail address, photo, gender, birthday, location, an ID associated with the applicable third-party platform or social media account user files, photos and videos, your list of friends or connections, people you follow and who follows you, and your posts and “likes." For a description on how such social media services and other third-party platforms, plug-ins, integrations, and applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings with that service or platform. 

Overview of Use & Disclosure

We use Personal Information for the purposes described in this Privacy Policy and as otherwise described to you at the point of collection. Except as otherwise provided herein, we do not sell, trade, or rent your personal information to others. Specifically, we may use Personal Information from or about you: 

1. To provide the requested services and process transactions with you: We use your Personal Information to provide services, fulfill orders, and process payments. This includes sending you emails about your account and order status.
2. To communicate with you and respond to your inquiries: We use your Personal Information to respond to your inquiries and to provide customer support.
3. To customize the content or services on the Platform for you and to present products or services and offers tailored to you: We use your Personal Information to personalize your experience on our Platform, including offering products and services that may interest you.
4. To send you important information regarding our relationship with you or regarding the Platform, such as changes to our terms, conditions, and policies, and other administrative information: We use your Personal Information to send you important information about changes to our policies, terms, or conditions.
5. To promote our products or services, and the products or services of our third-party business partners: We may use your Personal Information to promote our products and services, as well as those of our business partners.
6. For our business purposes, such as data analysis, audits, developing new products or services, enhancing the Platform, improving our products or services, identifying Platform usage trends, and determining the effectiveness of our promotional campaigns: We use your Personal Information for data analysis, audits, and other internal functions.

We use third-party analytics to assess website usage, monitor our campaign effectiveness, and improve user experience. While these third parties collect information on our behalf, we do not share or sell your personal information with these parties for their own advertising or marketing purposes. Our use of such analytics complies with applicable laws and regulations. This includes text messaging originator opt-in data and consent.

Uses & Disclosure to Comply with Laws

In addition, we use and disclose Personal Information collected through the Platform as we believe to be necessary or appropriate: (i) under applicable law, including laws outside your country of residence; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities; (iv) to enforce our terms and conditions; (v) to protect our operations or those of any of our affiliates; (vi) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.

Information Related To Minors

The Platform is not intended for persons under the age of 18. We do not knowingly collect personal information online from persons in this age group. We reserve the right to delete any information identified as having been provided by such persons at our discretion.

Third-Party Websites & Services

The Platform may also contain links to or utilize the features of third-party websites and other online services for your convenience with locating information, products, or services that may be of interest. If you access a third-party service from a link on the Platform, any information you disclose to that third party is not subject to this Privacy Policy. In addition, it is possible that these links may be used by third parties or others to collect personal or other information about you.

Some aspects of the Platform may also allow you to interface with other websites, social media, and other online services, such as Facebook. We will diligently work to identify these aspects of the Platform to you, for example, by identifying them with the applicable third-party logos or trade names. By using these interfaces, you will allow us to access information about you from those other online services, including information and other content that you submit to those online services, as described in more detail in Section 1(c) of this Policy. If you interface with the Platform through your social media account, we may contact you or enable you to share your experience and content via your social media account, which information may be publicly viewed by other users of those services.

We may use your information to market our products on social media platforms. If you choose to engage with our content through social media, the information you post and share may be visible to other users and can be read, collected, and used by others. Please note that if you opt-out of our marketing notifications, it may take up to 90 days to cease all non-email marketing activities due to existing campaigns and obligations. Your interactions on social media are governed by the privacy policies of each platform. 

We are not responsible for the privacy practices of other online services, including other websites, advertisers, and social media. It is your sole obligation to review and understand the privacy practices and policies of third parties. We do not control the use of cookies or the collection of information by these third parties, nor how they manage such information. The availability of, or inclusion of a link to or interface with, any third-party service on the Platform does not imply endorsement of it by us or by our affiliates. Your use of those other sites and services is subject to the privacy policies of those sites and services, and not this Privacy Policy.

Security

The security of your Personal Information is important to us, and we are committed to handling that information carefully. We use reasonable and appropriate organizational, technical, and administrative measures to protect Personal Information under our control.

We prioritize the security of your personal information and employ top industry standards such as SSL encryption and reCAPTCHA to protect the data you provide us. Our security measures are regularly reviewed and updated to tackle new security challenges and ensure the safekeeping of your data.

Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you have with us has been compromised), please immediately notify us of the problem.

We work with external service providers to maintain the security of our online platform, including fraud prevention. We may disclose personal information to law enforcement agencies or other authorities if required by law or if necessary for the prevention of fraud or other illegal activities.

Data Retention

We generally retain Personal Information for so long as it may be relevant for the purposes identified in this Privacy Policy or at the time the information is collected, unless a longer period of time is required by law.

Your Data Rights & Choices

Registered users can update their profile information on the Platform.

We want to communicate with you only if you want to hear from us. If you have signed up to receive electronic newsletters or promotional emails from Gertrude Hawk, including new ideas, special offers, and event information, or to otherwise receive communications about our services, you will have the right at any time to opt out of receiving marketing emails or to specify which, if any, communications you would like to receive from us. Should you ever decide to delete your account, you may do so via the Platform or by emailing support@gertrudehawk.com. You can opt-out of the use of certain cookie-related processing by following the instructions above (Passive Information Collection, Use, and Choices).

If you would like to opt-out of receiving marketing via email, click the unsubscribe link on the footer of marketing emails. If you would like to opt-out of receiving communication via postal mail, contact support@gertrudehawk.com. 

We provide email updates related to your orders and may send you promotional emails related to our products and services. You are opted in and provide consent during account creation, order placement, or via our promotional sign-up forms. We do not sell your information to third parties and only use it for intended marketing and transactional communications. You can opt out of promotional emails at any time via the unsubscribe link provided in each email, though we will continue to send you necessary transactional emails as required by law.

At your request, Gertrude Hawk will confirm what Personal Information it collects or holds about you, and will correct, update and/or remove such information. You may contact Gertrude Hawk for any of the foregoing at support@gertrudehawk.com. You are solely responsible for maintaining your account with updated and accurate information. If you ask that Gertrude Hawk stops using or sharing your Personal Information, we will honor that request. However, Gertrude Hawk may retain records of your Personal Information for a period of time; for example, to follow-up on a request, resolve a dispute or for similar reasons or in order to comply with applicable federal, state, or local law. In addition, some personal information may also continue to be stored on back-up files for financial, legal, or technical reasons.

You have the right to access, update, or delete your personal information at any time. You can update your information through your account settings on our website, or you can request deletion by contacting our support team at support@gertrudehawk.com. You can unsubscribe from marketing communications by using the unsubscribe link in any promotional email or updating your preferences in your account settings. Unsubscribe from email marketing will be processed immediately by our email service provider.

Right To Change Privacy Statement

Gertrude Hawk reserves the right at any time to modify, alter, or update this Privacy Policy. Your use of the Platform following any changes means that you agree to follow and be bound by the Privacy Policy as changed, subject to limitations under applicable law. Any change to this Privacy Policy shall be effective as to any user who has visited the Platform before the change was made. Please review this policy periodically, and especially before you provide any Personal Information to us. The Privacy Policy was last updated on the date indicated above.

Your Privacy Rights

You may have rights under applicable state laws to request and obtain from us once a year, free of
charge, information about the Personal Information (if any) we disclosed to third parties for direct
marketing purposes in the preceding calendar year. If applicable, this information would include a list
of the categories of personal information that was shared and the names and addresses of all third
parties with which we shared information in the immediately preceding calendar year. If you would
like to make such a request, please submit your request to the email address identified below.

Contact

If you have any questions, concerns or comments about our Privacy Policy, you may contact us using the information below:

By e-mail: support@gertrudehawk.com 

By written correspondence:

Gertrude Hawk Chocolates, Inc.

901 Keystone Industrial Park

Dunmore, PA 18512

Last Updated: May 10, 2024.