Splendid Spoon Privacy Policy

Last Updated: October 25, 2022

Splendid Spoon (“Splendid Spoon,” “we”, or “us”) respects your privacy. This Privacy Policy describes the type of information we may collect from you when you visit www.splendidspoon.com and any Splendid Spoon owned websites and domains (collectively, the “Services”), how we use the information we collect, with whom we share it, how we protect it, and the choices we offer you regarding our collection and use of such information.

1. What Personal Information Does Splendid Spoon Collect?

We collect personal information about you, meaning information that can uniquely identify you, from various sources, such as:

• Directly from you when you use the Services, such as when you create an account, as part of the order creating and fulfillment process, or in submitting a support request;
• Social networks through which you may access the Services or otherwise interact with us; and
• Our service providers through which you may process payments.

The personal information we collect about you may include, without limitation:

• Contact information, such as name, mailing address, email address, and phone number;
• Demographic information, such as age range, date of birth, gender, and postal code;
• Login information, such as username, password, and security questions and answers;
• Commercial information, such as records of past purchases; and
• Payment and financial details, such as securely tokenized representations of credit cards.

When you use the Services, we may also collect certain information by automated means, such as cookies and web beacons. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag, or clear GIF, is used to transmit information about actions of the user opening the page or email containing the beacon back to a web server. We may also use third-party analytics tools such as Google Analytics, Segment, and Amplitude, that collect information about use of the Services and user traffic. The information we collect by automated means may include, without limitation:

• Information about the devices you use to access the Services (such as the IP address, device ID, device type, browser type, network/ISP, and operating system);
• Dates, times, and duration of use and clickstream data when using the Services; and
• Information on actions taken when using the Services (such as page views, items put into your shopping cart, and website navigation patterns).

The information we collect automatically may include personal information. It helps us to improve and personalize our Services, including by enabling us to identify and authenticate users and by providing you with a more seamless user experience, such as by auto filling your approximate location at checkout.

2. How We Respond to Do Not Track Signals

Your web browser may let you choose your preference as to whether you want to allow the collection of information about your online activities over time and across different websites or online services. At this time, the Services do not respond to the preferences you may have set in your web browser regarding such collection of your information, and the Services may continue to collect information in the manner described in this Privacy Policy.

3. Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications available through the Services, including advertisements, may be served by third parties. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use the Services, such as your IP address, pages you visit, and when you view a page or open an email in which a tag is embedded. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content and for other purposes. We do not control these third parties’ tracking technologies or how they may be used. The information practices of these third parties are governed by their own privacy policies and are not covered by this Privacy Policy. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

4. How We Use the Information We Collect

We may use information we collect to:

• Process orders you place and complete other transactions you have requested using the Services, and provide you with products and Services you request;
• Send you information or materials you request;
• Maintain a record of your purchases and other transactions using the Services;
• Respond to your questions and comments and provide customer support;
• Communicate with you about our products, Services, offers, and promotions;
• Operate, evaluate, and improve our business and the products and Services we offer;
• Analyze and enhance our marketing communication and strategies, including by identifying when emails sent to you have been received;
• Analyze trends and statistics regarding use of the Services and transaction conducted using the Services;
• Protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure;
• Enforce our Terms of Use and other agreements; and
• Comply with applicable legal requirements and industry standards.

We may combine the information we collect with information we receive from third-parties. We may use that combined information to enhance and personalize your experience with us, to communicate with you about products, services, and events that may be of interest to you, for promotional purposes, and for other purposes described in this Privacy Policy.

We may also use the information we obtain about you in other ways than which we provide specific notice of at the time of collection.

5. Disclosure of Information

We may disclose aggregated information about our users and information that does not identify any individual user without restriction. We may disclose personal information about you:

• To third parties we use to support our business and who are bound to keep personal information confidential and use it only for the purposes for which we disclose it to them; provided, however, that we do not share text messaging originator opt-in data or consents to such third parties;
• To comply with any court order, law, or legal process, including respond to any government or regulatory request;
• To enforce or apply our Terms of Use and other agreements;
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Splendid Spoon, users of the Services, or others;
• To third parties to market their products and services to you; and
• With your consent.

We also reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer or some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with this Privacy Policy.

6. Third-Party Services

In general, the third-party service providers we use will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies that apply to the information you provide to them for your purchase-related transactions. For these providers, please read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our website or are redirected to a third-party website or application, your activities will be governed by the privacy policy and terms of service that govern those others websites or applications.

7. Data Security

We take reasonable precautions and follow industry best practices to protect your personal information, and to prevent your information from being lost, misused, accessed, disclosed, altered or destroyed. In particular, the system does not store or log a plaintext representation of your password. Splendid Spoon never logs or stores your credit card information as this information is transferred directly from your device to our payment processor, Stripe, and only returns a random identifier linking to the credentials stored on Stripe’s server. Your data is encrypted by Stripe in accordance with the Payment Card Industry Data Security Standards (PCI-DSS). Please note that the electronic transmission of information is not 100% secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that such measures will always be sufficient or effective. Any transmission of personal information is at your own risk.

8. Your Choices

We offer you the following choices about the information we collect from you and how we communicate with you:

Cookies

Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive new cookies, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all of the features of the Services.

Promotional Emails

If, after you opt-in, you change your mind, you may withdraw your consent for us to contact you by contacting us at privacy@splendidspoon.com or mailing us at: Splendid Spoon 134 N. 4th Street Brooklyn, NY, 11249, United States. If you have received a promotional email from us, you can also opt out of receiving future promotional emails from us by following the unsubscribe instructions contained in each of our emails.

We may also send you transactional emails containing important updates about your account and previous orders, including but not limited to product safety notifications and changes to our terms, conditions, and policies. You will receive these transactional e-mails even if you have unsubscribed from our marketing and promotional e-mails.

We currently use third-party services to facilitate the sending of some promotional emails. You may opt-out at any time by filling out the forms at the following links, http://privacy.liveintent.com and https://www.safeopt.com/manage. Please note this will remove you from promotional emails sent to you by us and other companies who may use these services.

Promotional Mail

We currently use a third-party service to facilitate the sending of physical, direct mail. You may opt-out at any time by filling out the form at the following link, https://opt-out.sharelocalmedia.com. Please note this will remove you from any mailers sent to you by us and other companies who may use this service.

SMS Text Messaging

If you opt-in to our SMS Text Messaging Program, we may use your personal information to communicate with you via SMS text message for various reasons, including, but not limited to, allowing you to make updates to upcoming deliveries (e.g. skip a future delivery), sending you updates on order status, notifying you of promotions and offers, sending cart reminder messages when you have navigated away from your shopping cart, and providing you with updates on new product launches and releases. You may opt-out at any time by replying “STOP” to any message, by updating your SMS text message preferences from your Account Details page if you are registered with us, or by emailing us at privacy@splendidspoon.com.

Third-Party Tracking

Although we do not control third parties’ collection or use of your information to serve interest-based advertising or other targeted content, a number of these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted advertisements from members of the Network Advertising Initiative by visiting http://www.networkadvertising.org/choices. You may also opt-out by disabling cookies and/or JavaScript in your browser.

9. Changes to this Privacy Policy

Splendid Spoon reserves the right to modify this Privacy Policy at any time, so please review it periodically to check for any updates or changes. Changes and updates will take effect immediately upon their posting on the website. If we make material changes to this policy we will notify you via email and by posting a notice on our website, so that you are aware of such changes. In the event we make a material change to how we use your personal information, we will provide you with an opportunity to opt out of such new or different use. The date this Privacy Policy was last revised is at the top of this page.

10. Data Transfers

Splendid Spoon is based out of New York in the United States. When we obtain information about you, we may transfer, process, and store such information outside of the country in which you reside, including in the United States. By using the Services, you consent to the transfer and processing and storage of your information in countries outside of your country of residence, which may have different data protection laws than those in the country where you reside.

11. Privacy Notice for California Residents

This Privacy Notice for California Residents supplements the information contained above in our Privacy Policy. This Privacy Notice applies to California residents from whom we collect personal information (“consumers” or “you”). We provide this Privacy Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Privacy Notice.

Information We Collect

Personal Information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA), California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In addition to the business or commercial purposes for collection described above, we have in the preceding 12 months collected all categories of personal information described above for the following purposes:

• To process your requests, purchases, payments, and transactions, and to prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To create, maintain, customize, and secure your account with us.
• For research and analysis to improve this Site and our products.
• To help maintain security, safety, and integrity of this Site and our products, services, databases, and other assets.
• To deliver content and product offerings relevant to your interests, including targeted offers and ads through this Site, third-party sites, and via email or text message (with your consent, where required by law).

We will continue to collect the categories of personal information described above from the sources and for the business or commercial purposes described above.

We may also use or disclose the personal information we collect for one or more of the following purposes:

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

As described to you when collecting your personal information or as otherwise set forth in the CCPA.

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Splendid Spoon’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Splendid Spoon about the users of this Site is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Disclosures of Personal Information for a Business Purpose

We share your personal information for a business purpose to the following categories of third parties:

• Service providers
• Advertising networks
• Data analytics providers
• Social networks

When we disclose your personal information to a service provider, we enter into a contract with the service provider that describes the business purpose for which your personal information is disclosed and restricts the service provider from using your personal information for any purpose except performing the contract. These disclosures will not include text messaging originator opt-in data and consent, which will not be shared with any third parties.

In the preceding 12 months, we have disclosed to these third parties the following categories of personal information for a business purpose:

• Identity Data
• Customer Records Data
• Commercial Data
• Internet Use Data
• Location Data

Sales of Personal Information

We sell your personal information to the following categories of third parties:

• Advertising networks

In the preceding 12 months, we have sold to these third parties the following categories of personal information:

• Identity Data
• Commercial Data

Your Rights and Choices

The CCPA provides you as California residents with specific rights regarding your personal information. This section describes your rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we disclosed for a business purpose or sold your personal information, two separate lists, disclosing:
• Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• Sales, identifying the personal information categories that each category of recipient purchased.

Deletion Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, fulfill the terms of a product recall conducted in accordance with federal law, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise that consumer’s free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

• Emailing us at california-privacy@splendidspoon.com
• Completing the interactive web form at splendidspoon.com/california-privacy-opt-out

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us, but we may require authentication of the consumer that is reasonable in light of the nature of the personal information requested.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

You may also access https://splendidspoon.com/user/info/ at any time to access and correct your user information.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (for a maximum total of 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the receipt of a verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless the request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Alternatively, we may decline to respond to the request and notify you of our reason for doing so.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are under 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 years of age and less than 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized agent) may submit a request to us by visiting our “Do Not Sell My Personal Information” webpage - https://splendidspoon.com/california-privacy-opt-out. If your authorized agent submits a request on your behalf, the authorized agent must provide either (1) a copy of your written permission for the authorized agent to submit a request on your behalf and information sufficient to verify the authorized agent’s identity or (2) power of attorney pursuant to California’s Probate Code.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to the sale of your personal information at any time by contacting us at california-privacy@splendidspoon.com.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties.
• Provide you a different level or quality of goods or services, including denial of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
• However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, levels, or quality of goods or services. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to california-privacy@splendidspoon.com or write us at: Splendid Spoon 134 N. 4th Street Brooklyn, NY 11249, United States.

12. Questions and Contact Information

If you have any questions or comments about this Privacy Policy, our privacy practices, your choices and rights regarding use of your personal information, or wish to exercise your rights under California law, please contact us at:

Site: https://splendidspoon.zendesk.com/hc/en-us/requests/new

Phone: +1 (201)-777-0786

Email for general inquiries: privacy@splendidspoon.com

Email for CCPA related inquiries: california-privacy@splendidspoon.com

Postal Address:

Splendid Spoon

100 Crosby Street RM 509

New York, NY 10012, United States