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Our Privacy Policy

Last Updated: Sep 4, 2024

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PLEASE READ THIS PRIVACY POLICY CAREFULLY

GourmetGiftBaskets.com (referred to herein as “GourmetGiftBaskets.com,” “we,” “us” and “our”) is committed to respecting your privacy. This Privacy Policy describes how we collect, process, and share your personal information, and the choices that are available to you with respect to your personal information. This Privacy Policy applies to the personal information we collect whenever you interact with us, whether those interactions are online – for example, when you interact with us via email, use our websites, including www.GourmetGiftBaskets.com www.strawberries.com, and www.cheesecake.com (collectively and individually, the “Website”), or click on our digital advertisements or scan our QR codes – or offline, for example, when you interact with us at conferences or trade shows, or when you communicate with our sales or customer service teams via the phone, text (including by short message service or “SMS”), or by postal mail. Please take the time to read this Privacy Policy.

In this Privacy Policy, we refer to the services we provide both online and offline as “Services”. If you do not agree with this Privacy Policy, please do not use our Services.

We may revise this Privacy Policy periodically, and in such a case we will revise the date at the top of this Privacy Policy accordingly. Changes to this Privacy Policy are effective at the time they are published, and therefore we encourage you to review this Privacy Policy from time to time. Additionally, this Privacy Policy may be supplemented or amended from time to time by other notices posted elsewhere, including on specific pages of our Website, in our stores, or in our published materials.

1. Personal Information We Collect

The personal information we collect depends on how you interact with us, and may include some or all of the following categories of information:

  • Device Information: When you visit our Website, interact with our digital advertisements or QR codes, or open our emails, we may learn information about your browser or device (e.g., name or type, version, settings, etc.), IP address, unique online identifiers (e.g., MAC address, mobile device identifiers, etc.), internet service provider, the name and version of your operating system, referring and exit pages, and the date and time of your visit.
  • Usage Data:We collect information about your interactions with our Website, digital advertisements, and emails, including the pages you visit, links or buttons you click, the search terms you enter, and other similar interactions with our Website, emails, or digital advertisements.
  • Location Data: When you visit our Website, interact with our digital advertisements or QR codes, or open our emails, we may learn your non-precise geographic location, including by collecting your IP address or other device information.
  • Contact Information: We may collect your contact information, including identifiers such as your first and last name, postal address, telephone number, or email address.
  • Payment Card Information and Payment Details:We will collect your payment card information and other payment details if you make a purchase or add such information to your GourmetGiftBasket.com account.
  • Shopping History & Transactional Data: We keep track of your shopping history with us, including the items you purchase, return, or exchange, or add to your online shopping cart.
  • Call records, email records, and chat logs: If you call, text (including SMS), email, or use the “chat” feature of our Website to contact our sales or customer service representatives (or other agents or representatives of GourmetGiftBaskets.com), or reach out to us via a social media platform, we may keep records of those conversations including any information you have provided to us in connection with such conversations.
  • Submitted Content: We collect any content you submit to us, including via the Website, email, or postal mail, such as photos, videos, product reviews and feedback, and messages to be printed on greeting cards.
  • Demographic Information: We may collect demographic details about you such as your birthdate or age, gender, employment-related information (e.g., employer, title, etc.), educational information and military membership (e.g., student or military status for activating certain discounts), social media information and profile data, and other similar demographic details.
  • Account Credentials: If you register an account with GourmetGiftBaskets.com, we collect your account credentials, including your account log-in name and password.
  • Inferences: We may draw inferences about any of the information above that may relate to your preferences, characteristics, or other matters.

GourmetGiftBaskets.com may also de-identify or aggregate the above information, at which time it is no longer “personal information.” We will not reidentify or attempt to reidentify such information unless permitted by applicable law.

2. How We Collect Your Personal Information

We may collect the information described above from various sources, including directly from you, from third parties we partner with, and through cookies or other automated means.

  • Directly from You: We collect information directly from you when you provide it to us, including when you make a purchase or contact us with questions or comments via email, phone, postal mail, or on our social media pages; upload Submitted Content to our Website (or submit it via email, postal mail, or social media); enter our contests, sweepstakes, or other promotions; add items to your online shopping cart; create a GourmetGiftBaskets.com account; respond to a survey; select or update your email or texting preferences; or fill out and submit any webforms via our Website or hard-copy forms via postal mail.
  • Automatically from Your Device or Browser:Certain information (e.g., Device Information and Usage Data) is automatically collected from your device or browser when you visit our Website, open our emails, or interact with our digital advertisements or QR codes.
  • From Other GourmetGiftBaskets.com Customers: Our customers may provide us with your contact information when they purchase products to be delivered to you, or as part of our customer referral program.
  • From Third Parties: Third parties, including data analytics companies, advertising and marketing companies, commercial data providers, shipping and delivery companies, email service providers, companies that help us confirm your eligibility for a discount (e.g., discounts for students, teachers, military members, and medical professionals), companies that use our drop ship services, and companies that assist with the operation and functionality of our Website our business more generally, may share information they have collected from or about you with us.
  • Using Cookies and Similar Technologies: GourmetGiftBaskets.com uses cookies (small files stored on your device or browser), pixel tags (tiny graphic images embedded in a website or email), and other similar technologies to automatically collect information when you visit our Website or interact with our emails or digital advertisements, including, for example, Device Information, Usage Data, and Location Data. Through the use of cookies and similar technologies, we may link information about your interactions with our Website, emails, or digital advertisements over time, for example, which pages you visit, which links or buttons you click, and how long you stay on each page.

We also partner with third-party advertising, marketing, and data analytics companies (including certain social media advertising partners) that use cookies or similar technologies to collect information about your interactions with our Website, emails, and digital advertisements, and your interactions with other websites and digital platforms, and that use and share the information gathered to deliver ads more tailored to your interests. We receive information from these third parties to understand our advertising effectiveness and to understand the operation, functionality, and use of the Website. The collection and use of your information by our website analytics provider, Google Analytics, is governed by Google’s privacy policy, which can be found here.

3. How We Use Your Personal Information

How we use the personal information we collect depends on how you interact with us, and may include the following business or commercial purposes:

  • Product Fulfillment: Fulfilling your purchasing orders and other requests, including, but not limited to, processing payments, awarding and redeeming GourmetGiftBasket.com points, confirming or updating you on the status of your order, and delivering purchases.
  • Communications: Communicating with you, including responding to your customer service inquiries and other requests for information and asking for feedback through surveys, product reviews, or other messages. These communications may be by phone, text message (including SMS), email, postal mail, and using the “chat” feature of our Website. GourmetGiftBaskets.com and its service providers may monitor, record, and transcribe phone conversations you have with us for training purposes or to evaluate the quality of our Services.
  • Advertising and Marketing: Advertising and marketing our products and Services online, via email, phone, text message (including SMS), and direct mail, and using other communication channels, including through partnerships with social media platforms and internet search engines. GourmetGiftBaskets.com participates in targeted advertising (also referred to as “cross-context behavioral advertising” or “interest-based advertising”), meaning we use third-party advertising companies to display online ads tailored to your individual interests based on how you browse and shop online, as well as to provide advertising-related services such as ad delivery, reporting, attribution, analytics, and market research. We allow third-party companies to collect certain information when you visit our Website. This information is used to serve ads for GourmetGiftBaskets.com products or Services or for the products or services of other companies when you other websites. Additionally, if you choose to communicate or provide certain Submitted Content (e.g., pictures, feedback, or product reviews), we may use such Submitted Content for advertising and marketing purposes and to help us improve our products and Services.
  • Understanding Our Customers: Analyzing your activity with us (including your interactions with our Website, emails, digital advertisements, QR codes, or other forms of communication). We keep track of the pages you visit and the manner in which you use the Website and the products you purchase, return, or exchange in order to determine what products are most popular and whether to make changes to our products or Services. We may, from time to time, review your information and information of other customers to help us analyze trends, purchasing patterns and preferences, and demographics.
  • Personalization: Using your preferences and other collected information to personalize your shopping experience. We use your product interests, shopping patterns, and purchase information to recommend products, Services, or promotions that we believe you may be interested in and to personalize your experiences on our Website, and in our emails, direct mailings, and digital advertisements.
  • Promotions: Running contests, sweepstakes, or other promotions.
  • GourmetGiftBaskets.com Accounts: Operating GourmetGiftBaskets.com accounts, including by making certain Services available and offering rewards or special promotions to our account users.
  • Security: Protecting GourmetGiftBaskets.com, our business partners, and our customers from fraud, security threats, and other illegal or harmful activity.
  • Legal Obligations: Complying with legal and regulatory requirements and responding to requests from courts or other governmental or regulatory authorities.

4. How We Share Personal Information with Third Parties

We may share information with third parties for certain purposes. For example, we may share information with:

  • Service Providers and Business Partners: We partner with third-party service providers and other business partners to assist with many aspects of our business, including fulfilling purchasing orders, payment processing, analyzing our Website users’ interests and activities, advertising and marketing services, providing certain functionalities on our Website, helping us communicate with our customers, and operating our business more generally, and may share your personal information with these service providers and partners in connection with the provision of their services.
  • Successors: We may transfer your information in connection with the potential or actual sale, lease, license, assignment, acquisition, merger, reorganization or change of control of GourmetGiftBaskets.com, in whole or in part, or as part of a bankruptcy proceeding.
  • Other Third Parties: We will disclose information about you to third parties, including to government bodies or law enforcement agencies, when we believe it to be necessary for compliance with the law or to protect GourmetGiftBaskets.com, our customers, our employees, or the public more generally. For example we may disclose specific personal information if we reasonably believe it is necessary to: (i) investigate any suspected fraud or misuse of the Website; (ii) protect or defend the rights, property, or interests of GourmetGiftBaskets.com, our employees, or our customers, or the rights, property, or interests of our affiliates, business partners, or service providers; or (iii) protect the personal safety of our employees, customers, or the public.
  • At Your Request:We will disclose information about you to other third parties at your direction or with your consent.

Please note that GourmetGiftBasket.com will not share the phone numbers we collect, or any consent you provide to us with respect to our use of such phone numbers to contact you, with third parties for such third parties’ purposes, including such third parties’ marketing or promotional purposes.

5. Your Privacy Choices and Rights

Certain states’ data protection laws provide their residents with rights regarding businesses’ use of their personal information (sometimes referred to as “personal data”). Regardless of your state of residence, you can contact us at any time using the instructions set out below to request that we:

  • confirm whether we are processing your personal information and provide access to such personal information (subject to certain exceptions and limitations);
  • correct inaccuracies in your personal information (subject to certain exceptions and limitations);
  • delete your personal information (subject to certain exceptions and limitations);
  • provide you with a copy of your personal information in a commonly used electronic format (or provide it in that format to a third party at your direction);
  • provide you with a list of the third parties to which we have disclosed personal information; or
  • stop selling your personal information or stop processing your information for the purpose of targeted advertising or profiling.

We will consider and respond to your requests promptly, and otherwise in accordance with all applicable laws. Furthermore, if you choose to exercise your privacy rights or make the above requests, GourmetGiftBaskets.com will not treat you in a discriminatory way, nor will you receive a lesser degree of service from GourmetGiftBaskets.com.

If you are a California resident, please refer to the “California Privacy Rights” section below for more information about your rights with respect to your personal information.

Instructions for submitting requests. To make a request for the disclosures described above, or for the deletion or correction of your personal information please submit such request using our Privacy Request Form. To opt out of our sale of your personal information or our processing of your personal information for purposes of targeted advertising, please visit our Your Privacy Choices webpage. You can also email any of the above requests to us at privacy@GourmetGiftBaskets.com using subject line “Privacy Request” and clearly stating the request(s) you’d like to make.

In order to help ensure that your personal information is not disclosed to any person who does not have the right to receive it, and to help ensure your personal information is not mistakenly deleted or changed, we will attempt to verify that you are the subject of the personal information you are requesting to access, delete, or correct. We may ask for your email address and about your relationship to GourmetGiftBaskets.com (e.g., Website user, customer, product recipient, etc.). We will compare the information you provide to any information we may have in our possession in order to verify your identity. We may also contact you at the email address you’ve provided to request additional information in relation to your request. GourmetGiftBaskets.com will use the information collected through the request process only for verification purposes and responding to your request.

We will confirm receipt of your request within 10 business days. If you do not receive confirmation within the 10-day timeframe, please email us at privacy@GourmetGiftBaskets.com.

We endeavor to substantively respond to a verifiable request within 45 days of its receipt. If we require more time (up to another 45 days), we will contact you at the email address you provide.

Authorized Agent. You may also choose to authorize an agent to make the above requests or exercise your rights. If you use an agent, we will take measures to verify your agent’s authorization to act on your behalf and we may require more information to ensure proper verification of both you and your agent’s identity and authorization.

Please note that GourmetGiftBaskets.com may not be able to respond to your request if we cannot verify your identity, or your agent’s identity and authority to make the request, and confirm the personal information relates to you.

Appeals Procedure. You may appeal our decision to decline your request by using our Privacy Request Form, or by emailing us at privacy@GourmetGiftBaskets.com using subject line “Privacy Request Appeal” and clearly stating the decision(s) you wish to appeal. We will respond to your appeal within 45 days of our receipt of your email, which response will include an explanation of our decision and, if available in your state of residence, a method for contacting the appropriate state regulatory authority in the event you are dissatisfied with our decision on appeal.

Additional Privacy Choices:

  • Emails: You can unsubscribe from our marketing emails by clicking the unsubscribe link in the footer of such email.
  • Telephone Marketing: You can opt out of or withdraw your consent to receive our marketing telephone calls at any time by emailing us at privacy@GourmetGiftBaskets.com or calling us at 603-606-5269 or (toll free) 866-842-1050.
  • Text Messaging:You can unsubscribe to our text-messaging Service (including SMS texts) at any time by following the “opt-out” instructions provided in our Mobile Terms of Service.
  • Direct Mail: You can request that we remove you from our direct mail mailing list by emailing us at privacy@GourmetGiftBaskets.com or calling us at 603-606-5269 or (toll free) 866-842-1050.
  • Cookies:

Opt-Out Preference Signals. A “do-not-track” signal is a privacy preference feature in some web browsers that tells a website that a user does not want their online activity to be tracked. We currently support Global Privacy Control (GPC), a specification designed to allow internet users to notify businesses of their privacy preferences, such as whether they want to have their personal information sold or shared with third parties for targeted advertising. It consists of a setting or extension in the user’s browser and acts as a mechanism that our Website can use to honor the user’s privacy settings. If you would like to use GPC, you can download and enable it via a participating browser or browser extension.

Browser and Industry Opt-Outs. You may also opt out of certain third-party cookies by following your browser’s instructions or by using the opt-out tools provided by the following industry groups:

Please note that online cookie opt-outs are device and browser-specific. You may still see targeted advertising from us when using a different device or browser, unless you also opt-out using that device or browser.

Furthermore, if you opt out of our cookies, you may experience some inconvenience in your use of the Website.

6. Chatbot

GourmetGiftBaskets.com has integrated a chatbot into our Website that is intended to support users with general questions and requests for information about our products and Services. Your interactions with the chatbot are voluntary. You alone decide whether to interact with the chatbot, and what information to disclose about yourself to us when you choose to interact with the chatbot. YOUR CONVERSATIONS WITH OUR CHATBOT MAY BE RECORDED BY OR ON BEHALF OF GOURMETGIFTBASKETS.COM AND SHARED WITH THIRD PARTIES. GourmetGiftBaskets.com will use the information you disclose to us via the chatbot, together with any associated metadata, (i) to respond to your inquires and requests, (ii) to analyze, evaluate, and improve our products and services, and (iii) for purposes of marketing and advertising our products and services to you. We may disclose this information (including the record of your chatbot conversation) to our service providers, which include providers of data analytics, advertising and marketing companies, customer database service providers, and service providers that assist with the operation and functionality of our website and our business more generally (including the service provider that provides the chatbot feature). We may retain the information collected via the chatbot and the associated metadata for as long as reasonably necessary for the purpose in which it was collected, unless we are required by law to dispose of it earlier or to keep it longer. We may also retain this information as necessary to comply with our legal obligations, resolve disputes, pursue legitimate business interests, conduct audits, and protect or enforce our rights.

7. Children

We do not knowingly or purposefully request or collect personal information from any person under the age of 13. If you believe that your child under the age of 13 has submitted personal information to GourmetGiftBaskets.com, please contact us at privacy@GourmetGiftBaskets.com.

8. Security

Although we use reasonable safeguards to protect your personal information, we cannot guarantee the security of information provided over the Internet or stored in our databases. Your transmissions are, therefore, at your own risk. You can help protect your information by selecting strong, unique passwords for your GourmetGiftBaskets.com account and any associated email addresses.

9. Retention

We will retain your personal information for the length of time needed to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

11. Links to Other Websites; Social Media Platforms

Our Website may, from time to time, contain links to websites owned and operated by third parties (“Third-Party Websites”). We encourage you to review the privacy policies of such Third-Party Websites so that you understand how those websites collect, use, and share your information. We are not responsible for the privacy policies or other content on Third-Party Websites.

If you engage or communicate with GourmetGiftBaskets.com on a social media platform (e.g., Facebook, Twitter, Pinterest, etc.), we may contact you via direct message or use other social media tools to interact with you. In these instances, your communications and interactions with us are governed by this Privacy Policy as well as the privacy policy of the social media platform you use.

12. Notice of Financial Incentives

We may offer discounts, coupons, and similar benefits (each, a “financial incentive”) to customers, including customers who sign up to receive our marketing emails, create a GourmetGiftBaskets.com account, refer other customers, or interact with us on social media. When you participate in a financial incentive, we may collect personal information from you, such as your Contact Information, Demographic Information, and Shopping History & Transactional Data. You can opt into a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt out of the financial incentive, or our subsequent use of your personal information in connection with a financial incentive, at any time by contacting us at privacy@GourmetGiftBaskets.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up. The value of the offer or discount presented to you is reasonably related to the value of your personal information.

13. Contact Us

We welcome your comments and questions. Please contact us by email at privacy@GourmetGiftBaskets.com, by phone at 603-606-5269 or (toll free) 866-842-105, or by mail at the following address:

GourmetGiftBaskets.com

60 Gourmet Place

Exeter, NH 03833

14. California Privacy Rights

This section contains additional disclosures required by the California Consumer Privacy Act, as amended by the Consumer Privacy Rights Act (as amended and together with all implementing regulations, the “CCPA”).

Personal Information We Collect. In the preceding 12 months, we collected the categories of personal information about California consumers set out in the section of this Privacy Policy titled “Personal Information We Collect” above, for the business and commercial purposes described in the section titled “How We Use Your Personal Information” above.

Categories of Sources. We collected the above-mentioned personal information from the sources described in the section of this Privacy Policy titled “How We Collect Your Personal Information”.

Disclosing Personal Information for Business Purposes. In the preceding 12 months, we disclosed personal information to the third parties set out in the section of this Privacy Policy titled “How We Share Personal Information with Third Parties” for the purposes set out in that section and the section of this Privacy Policy titled “How We Use Your Personal Information”.

Sale and Sharing of Personal Information. We may share your personal information with third parties, including for purposes of cross-context behavioral advertising and data analytics, which may constitute “selling” or “sharing” under the CCPA. Such sale or sharing does not include information about individuals we know are under the age of 16.

In the preceding 12 months, GourmetGiftBaskets.com has sold or shared the categories of personal information listed below with the categories of third parties listed below.

Categories of Personal Information:

  • Personal and online identifiers (such as first and last name, email address, IP address, or unique online identifiers)
  • Commercial information, including products and services purchased
  • Internet or other electronic network activity information (such as browsing history, search history, and information regarding a consumer’s interaction with our Website, email, digital advertisement, or QR code)
  • Inferences drawn from the above information about your predicted characteristics and preferences
  • Other information about you that is linked to the personal information above

“Shared” with or “sold” to the following categories of third parties:

  • Advertising/marketing companies
  • Advertising networks
  • Commercial data providers
  • Data analytics providers
  • Social media companies

Sensitive Personal Information. We do not collect or use sensitive personal information other than financial account or debit or credit card information when you make a purchase, which information is used only to process your payment for such purchase.

An Explanation of Your Rights. The CCPA provides consumers (California residents) with specific rights regarding their personal information. You may request that we:

  • Disclose to you the following information:
    • The categories of personal information we have collected about you and the categories of sources from which we collected such personal information;
    • The business or commercial purpose for collecting, selling, or sharing personal information about you; and
    • The categories of third parties to whom we have disclosed personal information.
  • Provide you with access to the categories and specific pieces of personal information we collect, use, disclose, sell and share;
  • Delete personal information we have collected from you, subject to certain exceptions.
  • Correct inaccurate personal information that we maintain about you, subject to certain exceptions.
  • Stop “selling” or “sharing” your personal information to or with third parties.

You also have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

To make a request for the disclosures described above, or for the deletion or correction of your personal information, or to opt out of our sale or sharing of your personal information, please follow the instructions set forth in the section above titled “Your Privacy Choices and Rights.” GourmetGiftBaskets.com will also treat Global Privacy Control browser signals as requests to opt-out of sale/sharing.

GourmetGiftBaskets.com Copyright © 2024. All rights reserved.

We may offer discounts, coupons, and similar benefits (each, a “financial incentive”) to customers, including customers who sign up to receive our marketing emails, create a GourmetGiftBaskets.com account, refer other customers, or interact with us on social media. When you participate in a financial incentive, we may collect personal information from you, such as your Contact Information, Demographic Information, and Shopping History & Transactional Data. You can opt into a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt out of the financial incentive, or our subsequent use of your personal information in connection with a financial incentive, at any time by contacting us at privacy@GourmetGiftBaskets.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up. The value of the offer or discount presented to you is reasonably related to the value of your personal information.