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Insomnia Cookies (“Insomnia” or “Company”) operates the website https://insomniacookies.com (the “Site”). This website Privacy Policy (“Policy”) provides information on our collection, use, and disclosure of personal information in connection with your use of the Site and the social media pages that link to this Policy. This Policy is incorporated into and subject to the Terms and Conditions.
This Policy is not applicable to any partners, advertisers, vendors, or other third parties that appear on our Site or who link to or from our Site. Any and all information provided to these third parties is not subject to this Policy and we encourage you to read the privacy statements of each and every website that collects personally identifiable information.
Please read this Policy carefully before using the Site or submitting personal information to us. BY ACCESSING OR USING THE SITE, YOU CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS SET FORTH IN THIS POLICY.
We reserve the right to make changes to this Policy at any time. In the event we make material changes to the Policy, we will provide notice through the Site. Changes will be effective immediately upon posting to the Site and will apply to your use of the Site after the “effective date” listed above. You understand and agree that your continued use of the Site after the effective date means that the collection, use, and sharing of your personal information is subject to the updated Policy. Except to the extent we receive your authorization or as permitted or required by applicable law, we will handle your data in accordance with the terms of the Policy in effect at the time of the collection.
We may collect personal information that we collect directly or indirectly. This information is used to carry out our business, to comply with laws, and for other purposes described herein.
a)Information We Collect Directly
We may collect some or all of the following when you contact us, register/login, place an order, complete a survey, participate in a promotion, book an event, subscribe for news and offers, or apply for a job:
When you upload documents or complete forms on the Site (e.g., a resume or application) or post a comment on the Site, we may collect the information contained in those documents/forms or posts.
If you place an order for delivery to or pick-up by a third party, we may also collect, in addition to the above information:
You do not have to provide the above information to access or use the other sections of the Site.
b) To monitor utilization of the Site and continuously improve its quality, we may compile statistical information concerning the usage of the Site using analytics services. Examples of this information would include: the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site, methods used to browse away from the page, any phone number used to call our customer service number, and location information. The analytics services may transfer this information to third parties in case of a legal obligation or if a third party processes data on behalf of that service.
To compile this information, we may collect and store:
While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual, or associated with any other information you may submit through the Site, or that we may store about you for any other purposes. We may use this information to generate aggregate statistics about visitors to our Site. Please check your web browser if you want to learn what information your browser sends or how to change your settings.
a)Cookies
We may use technologies such as cookies, pixel tags, browser analysis tools, server logs, and web beacons that automatically collect certain information from you.
A cookie is a small file consisting of letters and numbers. This file uniquely identifies and recognizes your browser or device and transmits information back to the server. Depending on the cookie type, it may perform functions such as remembering the contents of your shopping cart or your preferences, improving the quality of your visit, recording the website pages you view, remembering the name or address you entered during a visit, or delivering ads that are targeted to your interests and browsing activity.
We use essential cookies on our website to make the Site function and analytics cookies to understand how you use the Site, to improve the Site’s functionality, and for other related purposes. For example, we use cookies to help customers place orders more quickly and efficiently by storing information such as your location and order information. We also use advertising/marketing cookies on the Site to help us with our advertising and marketing activities, including measuring the effectiveness of a campaign or providing information of potential interest to you. Some of these cookies may follow you when you leave the Site and travel to other websites so that we can serve targeted and relevant ads to you. We may place some of these cookies on your computer or devices. Third parties such as our advertising partners or service providers may also place cookies on your devices when you visit the Site.
b)Embedded Content and Social Media Widgets
The Site contains embedded content (e.g., videos) and Social Media Widgets (e.g., Instagram, Twitter). Embedded content may place third-party cookies on your device that track your online activity to enhance your experience or assess the success of their application. Social Media Widgets allow us to integrate social media functions into the Site. These widgets may place third-party cookies on your device for tracking and advertising purposes. We have no direct control over the information these cookies collect, and you should refer to their website privacy policies for additional information.
c) Controlling Cookies
You may control cookies, including preventing or stopping the installation and storage of cookies, through your browser settings and other tools. Most browsers will allow you to block or refuse cookies. However, you may need to manually adjust your preferences each time you visit a site. For more information, see the Help section of your browser. Please note that if you block certain cookies, some of the services and functionalities of our Site may not work.
IMPORTANT: By using the Site, you consent to the processing of any personal information for the analytics purposes and functions described above.
“Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our Site is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests.
We track Site users over time and across third-party websites.
In general, we will use the personal information we collect about you only for the purpose it was collected, for compatible purposes, as permitted or required by law, as necessary to carry out our contractual duties and obligations, and as otherwise provided in this Policy. For example, we may use your personal information in the following ways:
We do not share your personal data with any third-party advertisers for their advertising. Note if you view or click on an ad on the Site, the ad provider may get a signal that someone visited the page that displayed the ad, and they may determine it is you through the use of cookies or similar technologies.
In general, we will not disclose your personal information except with your consent and as described in this Policy. We may disclose your data for the same reasons that we may use it as described in this Policy, which includes disclosing it to our affiliates and non-affiliated third parties, as we deem necessary to carry out those purposes.
a) Third Parties. For example, we may need to use or disclose this information with a member of our group partners or third-party vendors as follows:
We endeavor to choose affiliates and non-affiliates with similar standards to ours regarding the protection of data.
b) Legal Process, Security, Defense, Protection. It is possible that we will need to disclose information about you if required by law, subpoena, or other legal process.
c) Additional Disclosures. We may disclose information about you if we have a good faith belief that disclosure is reasonably necessary to:
d) Change in Control or Sale. We can share, sell, assign, or license your personal data in connection with certain business transactions, such as a sale, acquisitions, merger, or change in control, or in preparation for any of these events. In such cases, we will take appropriate steps under the circumstances and to the extent possible to ensure that the recipient agrees to provide privacy protections substantially similar to those established by this Policy. Any entity that acquires all or substantially all of the Company’s assets will have the right to continue using your data consistent with this Policy or as otherwise agreed to by you.
In no case will we sell or license your data to third parties, except as set forth above or as required or permitted by law.
We take reasonable and appropriate steps to safeguard the security of personal information obtained through the Site. This includes using industry-standard encryption technologies when transferring or receiving private consumer data; updating and testing our security technology on an ongoing basis; and restricting access to your personal data to those employees who need to know such data to perform their jobs. However, no system for safeguarding personal or other information is 100% secure. Although we have taken steps to protect your personal information from being intercepted, accessed, used, or disclosed by unauthorized persons, we cannot guarantee the security of our Site or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We ask that you do your part by maintaining the strict confidentiality of any computer passwords you use to access the Internet or this Site.
You can always limit the information you provide to us, but if you choose not to provide certain requested information, you may be unable to access some of the services, offers, and content on the Site.
You may unsubscribe from any of our newsletters or other communications for which you have registered by calling 877-632-6654 or emailing customerservice@insomniacookies.com. You may opt out of receiving future marketing communications via email by following the instructions in the email to opt out or clicking on the “unsubscribe” link within any email communication that you receive. If you opt out of receiving communications, you will receive no notification on our products or services.
We may provide links to websites or resources outside of our Site. We may also provide links to third-party integrations. Third-party integrations are websites or platforms that synchronize with our Site to provide you with additional functionality, tools, or services such as accepting job applications and sending newsletters, chatbots, maps, etc.
You acknowledge and agree we are not responsible for the availability of third-party sites, resources, or integrations and do not endorse and are not responsible or liable for any content, advertising, goods, services, or other materials on, available through, or provided by such sites, resources, or integrations. We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of personal information that you provide, or is collected by, such sites. We encourage you to review the privacy policies and terms and conditions on those linked sites.
The Site is not directed to children, as the products and services on the Site are intended for persons 13 years of age and older. We do not knowingly collect, use, or disclose any personal information from children. If we learn that personal information of persons less than 13 years of age has been collected through our Site, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child or a minor under the age of 13 has submitted or otherwise communicated personal information to our Site without your consent, then you may alert us at 877-632-6654 or customerservice@insomniacookies.com so we can take appropriate action to remove the minor’s personal information from our systems.
This Policy is governed by the internal substantive laws of New York, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Policy shall lie exclusively with the state and federal courts within Manhattan County, New York. If any provision of this Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of the Company to third parties for the third parties’ direct marketing purposes. Requests may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities). You may submit your request using the contact information at the end of this Policy.
If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California law permits you to request and obtain removal of content or information you have publicly posted. You may submit your request using the contact information at the end of this Policy. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
The following California Privacy Policy Addendum (“CA Addendum”) applies solely to individuals who are residents of the State of California (“consumers” or “you”). This CA Addendum describes our policies and practices regarding the collection, use, and disclosure of personal information we collect about you, including personal information we obtain when you access or use the Site, or through other channels, including but not limited to visiting one of our locations, phone and email conversations, social media interactions on our websites and other third-party websites such as social media sites, viewing our emails, or through our authorized services providers. We do not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities, such as those summarized in the “Information We Collect” and “Our Tracking Techniques” sections of our Policy, we will comply with applicable law as to such activity.
This CA Addendum supplements and amends the information contained in the Policy with respect to California residents. Any terms defined within the CCPA have the same meaning when utilized within this CA Addendum. The other provisions of the Policy continue to apply except as modified in this CA Addendum.
This CA Addendum does not apply to personal information we collect about you as a job applicant to, an employee of, owner of, director of, officer of, or contractor of the Company. This CA Addendum also does not apply to personal information we collect about you as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, non-profit, or government agency when your communications or transactions with the Company occur solely within the context of the Company conducting due diligence regarding, or providing or receiving a product or service to or from, such company, partnership, sole proprietorship, non-profit, or government agency.
Please read this CA Addendum carefully before using the Site or submitting information to us. By accessing or visiting the Site, you indicate your understanding that the collection, use, and sharing of your information is subject to the terms of this CA Addendum and our Terms of Use https://insomniacookies.com/terms. Except as otherwise noted, any capitalized terms not defined in the CA Addendum have the meaning set forth in the Policy and Terms of Use. If you do not consent to the collection, use, and sharing of your information as described in this CA Addendum, please do not provide us with such information.
As described below, we may collect or have collected in the preceding 12 months the following categories of personal information (“PI” or “personal information”). We may add to the categories of PI we collect and the purposes for which we use PI. In that case, we will inform you by posting an updated version of this CA Addendum on the Site
PI does not include:
We have collected your PI for the following business or commercial purposes. We may change or add to the purposes for which we collect PI. In that case, we will inform you and obtain your consent when required by law.
Of the categories of PI noted above, during the past 12 months, we shared the following:
Identifiers.
Other elements.
Characteristics of protected classifications under California or federal law.
Commercial information.
Education information.
Internet or other electronic network activity.
Geolocation data.
Audio, electronic, visual, thermal, olfactory, or similar information.
Biometric Information.
Professional or employment-related information.
Consumer profile.
We do not sell your PI as that term is defined in the CCPA.
We do not have actual knowledge that we have sold personal information of minors under age 16.
The CCPA provides California consumers with the following rights, subject to certain exceptions:
You have the right to request that Insomnia delete your PI from its records, subject to certain exceptions.
Upon receipt of a verifiable consumer request (see below), and as required by the CCPA, we will delete and direct any service providers to delete your PI from their records.
The Company is not required to comply with your request to delete your PI if it is necessary for the Company (or its service provider) to maintain your PI in order to:
You have the right to request that Insomnia disclose the following to you as it relates to the 12-month period preceding the Company’s receipt of your verifiable consumer request (see below):
We do not sell your PI as defined in the CCPA. In the future, if we anticipate selling your PI as defined in the CCPA, we will provide you with the opt-out and opt-in rights as required by the CCPA.
We will not discriminate against you for exercising any of your CCPA rights. For example, we generally will not provide you a different level or quality of goods or services if you exercise your rights under the CCPA.
Insomnia offers a loyalty program called the Cookie Dough program https://insomniacookies.com/loyalty. When you create an account with us, you consent to being enrolled in our loyalty program. To create an account, we ask for your email address. Each time you make an Insomnia purchase through the Insomnia app or your online account, you earn points. For every $1 spent on product, excluding tax, tip and delivery fee, members receive 1 point in their loyalty account. Every 100 points earned will result in a $10 reward to spend at Insomnia. For orders over $20, members will receive 1.25 points for every dollar spent on product. To enroll in our loyalty program, please visit https://insomniacookies.com/loyalty . You can unenroll at any time by visiting https://insomniacookies.com/user/profile , clicking on “Change Account Status,” and then clicking on “Leave Loyalty.”
Insomnia also offers a subscription service, Cookie Magic. For more information or to enroll in Cookie Magic, please visit https://insomniacookies.com/cookiemagic . You can unenroll at any time by visiting https://insomniacookies.com/user/profile and clicking on “Cancel Subscription” under the CookieMagic section and following the instructions.
We use the personal information we collect from you through these programs, including your email address and known credit card or payment information to identify you as a member, award your points, and manage the loyalty program and subscription service. We also use this information to better understand our customers’ purchase habits and encourage additional purchases.
The financial incentives we provide (i.e., points) are reasonably related to the value of your personal information to us. We calculate this value by determining the approximate annual spending generated by loyalty program members or subscription members as compared to customers who are not enrolled in either program, the expenses involved in administering the programs, and the expenses involved in honoring the points and offering special promotions.
To submit a California Consumer Rights request as outlined in this CA Addendum, please contact us at 877-632-6654 or customerservice@insomniacookies.com.
We reserve the right to only respond to verifiable consumer requests. A verifiable consumer request is one made by any individual who is:
If we request, you must provide us with sufficient information to verify your identity and/or authority to act on behalf of a consumer. In general, we may ask you to provide identifying information that we already maintain about you or we may use a third-party verification service. In either event, we will try to avoid asking you for sensitive PI to verify your identity. We may not be able to respond to your request or provide you with PI if we cannot verify your identity or authority to make the request and confirm the PI relates to you. However, making a verifiable consumer request does not require you to create an account with us.
Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond to your request. We will not use the PI we collect from an individual to determine a verifiable request for any other purpose, except as required by law.
We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will attempt to respond to a verifiable consumer request within forty-five (45) days of receipt, but we may require up to ninety (90) days to respond, under which circumstances we will notify you of the need for an extension.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, 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 your verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. To the extent permitted by the CCPA, we will respond to no more than two requests during any 12-month period.
You may authorize a natural person, or a business registered with the California Secretary of State, to act on your behalf with respect to the rights under this CA Addendum. When you submit a Request to Know or a Request to Delete, unless you have provided the authorized agent with a qualifying power of attorney, you must provide your authorized agent written permission (signed by you) to act on your behalf and verify the authorized agent’s identity with us. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization.
If you have questions about this CA Addendum or your rights under the CCPA, please contact us using the information at the end of this Policy.
The following Nevada Addendum (“NV Addendum”) applies solely to individuals who are residents of the State of Nevada (“consumer” or “you”). This NV Addendum supplements and amends the information contained in the Policy with respect to Nevada residents. The other provisions of the Policy continue to apply except as modified in this NV Addendum. Any terms used in this NV Addendum, including “consumer”, “sale”, and “covered information” shall have the meanings ascribed to them by the applicable data protection law.
If you have any additional questions or comments regarding Insomnia’s Policy and use of information, please e-mail us at customerservice@insomniacookies.com.
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