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Privacy Policy


This Flair Chocolatier Privacy Policy (the “Privacy Policy”) is incorporated by reference into the Flair Chocolatier Terms of Use (the “Terms of Use”). Capitalized terms not defined herein shall be interpreted per their definition in the Terms of Use.

By using the Site or any portion thereof, you accept and agree to the terms of this Privacy Policy, and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Privacy Policy. If you do not provide the information we require, we may not be able to provide some or any Site or its features to you. Capitalized terms not defined herein shall have the meanings prescribed to them in the Terms of Use.

1. SCOPE

    • 1.1  This Privacy Policy applies to the collection, use, and disclosure of personal information by us through the Sites. This Privacy Policy does not apply to any information not collected through the Sites, or to any information collected by third-parties.

  • 1.2  "Personal information" is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information that Flair has or is likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.

2. COLLECTION

    • 2.1   How We Collect. We may collect personal information from you when you use or access our Site, including but not limited to when you enter your identification and contact information, purchase products, post Content, join in sweepstakes, contests, or loyalty programs, or otherwise correspond with us in connection with your access of the Sites and any features thereof.

  • 2.2   What We Collect. The personal information we collect includes, but is not limited to, the following:
    • Identifying information such as your name, mailing address, phone numbers, and e-mail address;
    • Financial information such as your bank account and credit card information;
    • Account history;
    • Any information used to fulfill your transactions, such as delivery addresses;
    • Usage statistics, page views, referral URLs, your IP address, and web log information; and
    • Information collected via cookies and similar technologies.

3. USE AND RETENTION

    • 3.1  How We Use Personal Information.We will never sell your personal information to third-parties for advertising or marketing purposes .Your personal information will be used to provide and improve the Sites, and to personalize the Sitesfor you. This includes, but is not limited to, providing customer service; corresponding with you; to protect the integrity and operation of the Sites, including but not limited to the prevention and investigation of fraud and other misuse, including with respect to the rights and interests of our affiliates and third-parties; assessing your needs to determine suitable features and products;to administer your account; to verify your identity; to send you marketing communications; to conduct research and analysis; and to deliver products ordered by you.

    • 3.2  Duration of Retention. We will keep your personal information as long as there is a reasonable basis to do so, whether to enforce any relevant law, the provisions of any agreement, or any other business, tax, or legal purpose. When we dispose of your personal information, we will do so in a secure manner.

    • 3.3  Third-Party Providers. You acknowledge and agree that Flair may share your information with its third-party vendors as necessary to provide, bill you for, and otherwise maintain the Site. You hereby acknowledge and agree that Flair shall not be liable for any harm or claim you suffer arising from or related to the use of such third-party vendors.

4.YOUR CHOICES

    • 4.1   You May Decline to Provide Information. You may decline to submit your personal information. However, you acknowledge and agree that any resulting inability to provide features of the Sites, or any resulting degradation thereof, shall not be grounds for any claim of breach, damages, or other liability; nor shall it in any way relieve you of your obligations to Flair.

      You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at customerservice@flairchocolatier.com. Please note that as long as you remain a registered user with us, even if you opt out of our newsletter, you may still receive administrative emails such as notices about changes of the Site, the Terms of use, and/or to this Privacy Policy.

      Many web browsers allow the option to stop accepting new cookies or disable existing ones. Please note that if you disable cookies on your device, some features of our Sites may become unavailable and it may invalidate opt outs that our cookies use to recognize your devices.

    • 4.2   You May Request Deletion of Personal Information. You may request that Flair delete your personal information. However, you acknowledge and agree that doing so shall relieve and release Flair from any liability, obligation, claim, or other damages related to or arising from said personal information, including but not limited to any obligation with respect to any orders or loyalty rewards.

  • 4.3   No Sensitive Information. You acknowledge and agree that the information you are providing to Flair for the purposes of performing the Sites is not sensitive in nature (i.e., is not personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, etc.).

5. LEVEL OF SECURITY.

  • 5.1   Level of Security. Flair shall use commercially reasonable measures in line with industry standards to protect your information, including but not limited to electronic and administrative safeguards designed to help make your personal information secure. We will make reasonable attempts to provide you with notice in the event of a security breach. Please recognize no transmission over the internet or type of electronic storage is ever 100% secure. Therefore, we are unable to guarantee its absolute security. If you have any questions or concerns about security on our Sites you can contact us at customerservice@flairchocolatier.com.

6. DISCLOSURE.

  • 6.1   When Will We Disclose Personal Information.We may share your personal information with third-parties when necessary to provide the Sites (such as to our vendors); when we have a good faith belief it is necessary by law; to respond to legal process; to investigate fraudulent or suspicious activity; to protect the safety and lives of people; to protect the rights or property of Flair, its affiliates, and third-party vendors; as required by law enforcement, such as to comply with a subpoena, or similar and other legal process; and to any other third-party for which you provide consent to disclose your information.

    We shall not disclose your personal information to third-parties for their advertising and marketing purposes absent your express consent.

    If Flair is involved in a sale, merger or acquisition of all or a portion of its assets, you will be notified via email and/or notice on our Sites of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

  • 6.2   Disclosure to Sub-Contractors and Agents. Flair may use the services of other companies in order to provide the Sites and its features. Such companies shall be given only the personal information needed to perform those services, and we do not authorize them to use or disclose personal information for their own marketing or other purposes. We have contracts in place holding such companies to the same standards of confidentiality by which Flair is governed. Flair shall make commercially reasonable efforts to enforce such terms on such companies. However, Flair shall not be liable to you for such companies’ failure to adhere to such confidentiality terms.

7. OTHER.

    • 7.1   Correcting Personal Information. You agree to notify Flair of personal information that you are aware has errors.

    • 7.2   Changes. We reserve the right to make changes to this Privacy Policy at any time. Your continued use of our Services will signify your acceptance of any changes to our Privacy Policy.

      If there is a substantive or material change in the way that we use your personal information, we will notify you via email of the relevant changes or provide other prominent notice.

    • 7.3   Third-Parties. This Privacy Policy applies to Flair’s use of your personal information but does not apply to the activities of any third-party. If you disclose your personal information to others, whether as a result of any Site feature, ad-click, or otherwise, their privacy policies and practices will apply.Flair shall not be liable or in any way otherwise responsible for any use of your personal information by such third-parties.

    • 7.4   International Users. The Sites are not intended for people outside of the United States. We do not knowingly collect the personal information from such users. We will remove the information of any individual outside of the United States upon becoming aware of it.

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