This Privacy Policy (“Privacy Policy”) explains how Dave’s Gelato, LLC, a Montana limited liability company (“Dave’s Gelato,” “us,” “our,” and “we”), collects, uses, and shares information when you interact with us. This Privacy Policy applies to all users of Dave’s Gelato’s websites as published at davesgelato.com (and any other websites with “Dave’s Gelato” branding that link to this Privacy Policy) (collectively, the “Services”).

 

Please read this Privacy Policy carefully. This Privacy Policy replaces and supersedes any earlier versions of this Privacy Policy for all users (including for those users that registered prior to the Effective Date, above). If you do not agree to our practices, please do not register, subscribe, create an account, or otherwise interact with the Services. By signing up for, using, or continuing to use the Services, you consent to the privacy practices described in this policy.

 

Section 1. Types of Information We Collect

We may ask you to provide information when you register or subscribe for our Services, contact Dave’s Gelato for customer service purposes, or otherwise interact with or use the Services. We may collect certain types of information, including information that can be used to reasonably identify you, such as your name, email address, mailing address, phone number, date of birth, and geographic location (as described below) (“Personal Information”), and information that does not identify you personally. We may collect the following types of information, including Personal Information:

• Registration and Contact Information that allows you to register for the Services and allows us to communicate with you, such as your name, email address, password, telephone number, or other address at which you receive communications from or on behalf of Dave’s Gelato.

• Purchase Information about the items you purchase, such as item descriptions and quantities, time of purchase, total purchase cost, and the company and location you purchased the items from. Purchase information also includes any information (including Personal Information) that may be found on a receipt.

• Transaction Information about how you interact with the Services, such as the offers you view and redeem, other products you purchase; other information about how you use our Services, email, other communications, and applications.

• Location Information including state/province, city, or zip code, as well as precise location data and associated time of day ("Location Information").

• Information from Cookies and Similar Technologies. When you use our Services, we and our partners may collect certain information using cookies and similar technologies, such as pixel tags, web beacons, browser analysis tools, and web server logs. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us, or our service providers. These tools allow us to measure the response to our communications and improve our web pages and promotions.

 

We collect many different types of information from cookies and other technologies. For example, we may collect and record information from the devices you use to access our Services, such as your IP address, operating system type or mobile device model, mobile device identifiers, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. We may also collect information about the website you were visiting before you came to our Services and the website you visit after you leave our Services.

In many cases, the information we collect using cookies and other tools is used in non-identifiable ways, without any reference to Personal Information. For example, we use information we collect about users to optimize our Services and understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with Personal Information. In that case, this Privacy Policy governs how we use that information. Additionally, if you have visited our mobile website and if the settings on your location-aware device allow us to receive Location Information, we will collect that automatically. If we associate Location Information with other Personal Information, this Privacy Policy governs how we would use that information too.

Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. However, please be aware that if you delete, or choose not to accept, cookies from our Services, you may not be able to utilize the features of our Services to their fullest potential.

 

Section 2. How Dave’s Gelato Uses Information

Dave’s Gelato and our partners will use the information we collect from and about you in many ways, including:

• Operate and improve our Services, including web hosting;

• Send emails on our behalf;

• Enable third parties to process payments;

• Analyze and understand how you use our Services;

• Perform legal compliance and risk management activities, screening and know your customer checks and reporting to governmental authorities as may be necessary for legal compliance or risk management purposes;

• Evaluate the types of offers, products, or services that may be of interest to you and provide you with offers from participating brands, retailers and partners that are more relevant to you, including offers based on variables such as stated and anticipated user interests, personal characteristics, consumption of content, prior payment behavior, placements or searches, past offer redemptions, or user location;

• Evaluate eligibility of users for certain offers, products or services;

• Track redemption of offers and past purchases, including audits prevention;

• Perform aggregated, pseudonymous (unless otherwise consented to by you) analytics that may be used for Dave’s Gelato’s and any third parties’ marketing, advertising, and data enrichment activities;

• Provide customer support to users;

• Fulfill requests for Dave’s Gelato services, including validation by invisible CAPTCHA;

• Communicate and provide additional information which may be of interest to you about Dave’s Gelato and our brands and business partners, such as news, special offers, announcements, and marketing materials;

• Send you reminders, technical notices, updates, security alerts and support and administrative messages service bulletins, or marketing;

• Provide advertisements and marketing solicitations to you through the Services, email messages, text messages, push notifications, applications, or other methods of communication;

• Administer surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our brands or partners;

• Manage our everyday business needs such as website administration, forum management, analytics, fraud prevention or to comply with the law; and

• Carry out other purposes to which you consent.

 

In addition to the foregoing, we may aggregate anonymous information and use it for any purpose.

 

Section 3. When and Why Dave’s Gelato May Disclose Information

• Service Providers.  We may share information with service providers that provide services to assist us in carrying out the purposes described in Section 2 above.

• Third Parties. Dave’s Gelato shares information with third parties and service providers, but other than (i) hashed information, device identifiers, or location information (in each case pseudonymized), and (ii) information shared with third party service providers who only use the information to assist us with internal management of our Services (for example, to detect and prevent fraud), we do not disclose your contact information or other personally identifiable information (PII). We share information with third parties to assist us in carrying out the purposes described in Section 2 above.

• Third Party Payment Processor. Dave’s Gelato uses Stripe as its third-party payment processor and may share your information with Stripe. Stripe provides additional privacy options described at https://stripe.com/privacy.

• Merger, Sale, or Other Asset Transfers. We may share your information to effect a merger, acquisition, or otherwise, and to support the sale or transfer of Dave’s Gelato business assets. If Dave’s Gelato is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or prominent notice on one or more of our Services of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

• As Required by Law, to Enforce Laws and Similar Disclosures. We may also disclose Personal Information to defend ourselves in litigation or a regulatory action; when required or advised to do so by law, such as in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate; to enforce our rights or protect our property; to protect the rights, property or safety of others, investigate fraud, respond to a government request; or as needed to support auditing, compliance, risk management, and corporate governance functions.

• Analytics. We also use third party services, such as Google Analytics, to help us understand how visitors interact with our website and to help improve our user experience. Google provides additional privacy options regarding cookie use described at https://www.google.com/policies/privacy/.

• Aggregate Data. Dave’s Gelato may also disclose information about you that is not personally identifiable. For example, we may provide our brands, merchants, business partners, or other third parties with reports that contain anonymous aggregated data, statistical data, and/or anonymized data.

• Consent. We may also share your information with your consent.

 

Section 4. Your Choices

We think that you benefit from a more personalized experience when we know more about you and the kinds of offers and experiences you prefer. However, you can limit the information you provide to us, and you can limit the communications that Dave’s Gelato sends to you. For further information about your specific rights to any personal information that Dave’s Gelato collects about you, please refer to Section 9 – Privacy Notice.

• Email.  You can manage your email preferences relating to advertising or marketing by clicking “unsubscribe” on any email communication we send you.

• Cookies. You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Please note that if you disable cookies, you may be unable to access some customized features of Dave’s Gelato’s Services.

 

Section 5. Accessing and Correcting Information

Keeping your information helps ensure that we provide you with the best offers available from our brands and business partners.

 

If you have questions or requests, or if you would like to access or request a correction to any other information, we hold about you, please contact us at info@davesgelato.com.  

 

Please note that while your changes are reflected promptly in active user databases, we may retain all information you submit for as long as needed to fulfill a legitimate business need or as required by law, including for backups and archiving, prevention of fraud and abuse, compliance with legal obligations, dispute resolution, enforcing our agreements, and analytics.

 

Section 6. Security of Personal Information

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service.

 

Section 7. International Visitors

The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing, and by providing your personally identifiable information on the Service you consent to that transfer, storage, and processing.

 

Section 8. Privacy of Minors Under 16

The Services are not intended for children under 16 years of age. No one under age 16 may provide any information or use the Services. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information through the Services or through any of its features, register for the Services, make any purchases through the Services, use any of the interactive or public comment features of this Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at info@davesgelato.com.

 

Section 9. Privacy Notice

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. 

 

If you are under 18 years of age, reside in California, and have a registered account with the Dave’s Gelato, you have the right to request removal of unwanted data that you publicly post on the Services, if any. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems. 

 

Dave’s Gelato takes data collection and privacy seriously. As such, in an effort to be transparent about Dave’s Gelato’s data collection practices, and despite the fact that the “Shine the Light Law” only applies California residents, the rights afforded under the “Shine the Light Law” are rights that any Dave’s Gelato user in any state can choose to exercise.

 

Right to Opt Out

We do not sell your personal information to third parties, however, in the event we decide to sell your personal information to third parties in the future, you have the right to direct Dave’s Gelato to not sell your personal information to third parties at any time. This is referred to as your “right to opt out.” Pursuant to this Privacy Policy, Dave’s Gelato only sells information as outlined herein. If you choose to opt out of the sharing of your personal information, Dave’s Gelato will no longer sell your information to third parties. You can choose, at any time, to opt back into the sale of your personal information. To opt out of (or opt back into) the sharing of your personal information with third parties, please write to us at [GENERAL SUPPORT EMAIL ADDRESS]. Once you exercise your right to opt out, we will wait at least twelve (12) months before asking you to reauthorize the sale of your personal information.

 

Non-Discrimination

If you exercise any of your rights under this Privacy Policy, Dave’s Gelato commits not to discriminate against you. If you exercise your rights under this Privacy Policy, Dave’s Gelato will not do any of the following: (a) deny you any goods or services; (b) charge you a different price or rate for Dave’s Gelato’s goods or services, including through the use of discounts or other benefits or imposing penalties; (c) provide to you a different level or quality of goods or services; or (d) suggest to you that you will receive a different price or rate for Dave’s Gelato’s goods or services or a different level or quality of Dave’s Gelato’s goods or services.

 

However, we may offer you certain financial incentives that can result in different prices, rates, or quality levels. Any 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.

 

Section 10. Changes and Updates to this Privacy Policy

We will post any adjustments to this Privacy Policy on this page and the revised version will be effective as of the date listed above. If we materially change the ways in which we use or share personal information previously collected from you through the Service, we will make best efforts to notify you through the Service, by email, or other communication.

 

Section 11. Our Contact Information

Please contact us with any questions or comments about this Privacy Policy, by e-mail at info@davesgelato.com.