By accessing the Site, you agree to be bound by this Policy. This Policy may be updated from time to time. If at any time you do not agree to the terms of this Policy, please do not use this Site.
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 Candy Bar, 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 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 tailor our Site to your interests.
PERSONAL INFORMATION COLLECTED ONLINE THROUGH THE SITE
Personal Information is collected online by us when users voluntarily register with the Site to comment, receive electronic newsletters, use community and communication services, answer surveys and enter contests and other promotional opportunities provided on the Site, and when users utilize the “Email to a Friend” feature.
AGGREGATE INFORMATION COLLECTED ONLINE THROUGH THE SITE
Aggregate Information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, frequency of 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 who are 25 years of age is Aggregate Information that does not personally identify a specific user.
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 Site and affiliate sites may divulge Personal Information if such action is required for Dylan’s Candy Bar, 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.
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.
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.
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 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.