Last updated:  9 January 2024

Introduction

At Global Retail Brands USA LLC (“we” “us”) your privacy is important to us. We are committed to protecting your privacy when managing your personal information. We have policies and procedures to ensure that all personal information is handled carefully and securely in accordance with this Privacy Policy.

 

The purpose of this Privacy Policy is to tell you:

• what kind of personal information we may gather about you;
• how we may use that information and the choices you have regarding our use of such information;
• whether we disclose your personal information to anyone;
• how you may inquire, access and/or seek correction of your personal information and our access and correction handling procedure; and
• how you may alert us about an alleged breach of this Privacy Policy and our complaint handling procedure.

By using our web site, mobile applications, or sharing your information with us, you are accepting and consenting to the practices described in this Privacy Policy.

 

Global Retail Brands USA LLC support and adhere to the guidelines and practices adopted by the Direct Marketing Association's Privacy Promise to American Consumers. We have agreed to (1) provide customers with notice of their ability to opt out of information rental, sale, or exchange with other marketers; (2) honor customers' requests not to share their contact information with other marketers; and (3) honor customers' requests not to receive mail, telephone, or other solicitations from Global Retail Brands USA LLC.

 

Collection of information About You

The types of information that we collect from you will depend on the circumstances of collection and on the service that we are providing to you.

Types of Personal Information We Collect

The type of personal information collected will be directly related to the specified purpose it has been collected for. How much of your personal information that you choose to disclose to us is completely up to you. However, failure to provide certain information may result in us being unable to provide you with the relevant product or service.

We collect a variety of types of information. Examples of information include:

• Identifiers and contact information, such as your name, postal address, phone number, email address, IP address, social media user names, passwords and other security information for authentication and access;
• Purchase or other commercial information, such as the items you purchase, shipping address, and contact information (such as for receipts or order updates);
• Financial and payment information, such as your payment method and payment information (such as debit or credit card number and bank account information), and billing address;
• Preference information, such as your contact and marketing preferences, and brand and merchandise interests;
• Profile and account information, which may include contact, purchase, and preference information as well as your account password, items in your online shopping cart or saved for future purchase, product review information and other information about your profile or account;
• Communications and interactions, which may include email messages, chat sessions, text messages, and phone calls that we exchange with you;
• Demographic information, which may include age or birthdate, gender, ZIP code and other information about you;
• Call recordings, including information about your call and that you share when you call us on the phone;
• Location or geolocation information such as IP address, browser information or mobile GPS information
• Internet or other electronic activity: which may include your browsing and click history, including information about how you navigate within our services and which elements of our services you use the most;
• Cookies and similar technologies such as web beacons, pixels and mobile identifiers;
• Log data and device information such as details about how you have used the site, IP address, access dates and times, hardware and software information;
• Inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, behavior and attitude.

 

Sensitive Personal Information

We do not generally collect sensitive information, such as (A) your  Social Security, driver’s license, state identification card or passport numbers, (B) citizenship, immigration status, racial or ethnicity information, religious or philosophical beliefs, or political opinions, (C) associations or union membership, (D) your account login, financial account, debit card or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, (E) your precise geolocation, (F) your genetic data, (G) the contents of your mail, email, and text messages unless Global Retail Brands USA LLC is the recipient of such communication, (H) your biometric information for the purpose of uniquely identifying you, (I) information concerning your sex life or sexual orientation, (J) , criminal records or (L) health information. However, subject to obtaining your prior consent and applicable law, we may collect sensitive information from you in the course of considering an application for employment.

Unsolicited information

Where unsolicited information is received by us (such as through our Facebook page) we will determine, within a reasonable period of time, whether or not we would be permitted to collect the information under applicable law. If it would not be permitted for us to collect the information, we will destroy the information or ensure it is de-identified as soon as practicable. Otherwise, we may retain the information in accordance with the terms of this policy.

Anonymous information

We may also collect information about visitors to our website(s). For example, we may collect:

o statistical information about the number of visitors to the websites and the date, time and duration of visits;

o the name of the domain/URL from which you access our websites; and

o the internet protocol address.

However, we do not collect information about the identity of the visitors unless they voluntarily provide that information.

 

Method of collection

Personal information will only be collected through lawful and fair means and not in an unreasonably intrusive way.

We collect your personal information when you deal with us directly, including via our website(s) or our Facebook page, via forms or correspondence (ie by mail or email), over the phone or in person.

We may also collect personal information through our related bodies corporate and our third party service providers (such as data relating to survey responses), social media sites and data co-ops so that we may provide a better or more relevant product to you. We also use Google Maps and similar services to collect geolocation data.

 

Use of information

Use of personal information

We will use the personal information you have chosen to provide us for the purpose for which you provided it or a related secondary purpose which you would reasonably expect. We will not use it for any other purpose without your consent, unless permitted or required by law.

Generally, we will use your personal information for the following purposes:

o providing the products and/or services you have requested from us including for example:

• to process sales transactions (whether in store or online);
• to deliver the products or services to you;
• to register you for a service requested by you, such as our newsletter(s) and e-newsletters, mail outs, rewards program(s) or competitions and administering such services;
• to communicate with you about your order, subscription or registration;
• to manage warranty claims;
• to process refunds; and
• to respond to any inquiries, feedback or complaints made by you;

o for analytics (including analytics to determine preferences, trends and statistics), training and quality assurance;

o direct marketing of products and services which we believe may interest you, including product updates and developments, special events or promotions;

o assisting us to improve our products and services and making them more relevant to you;

o for security and fraud prevention purposes to protect this website, our company and others, and to detect or prevent fraud, theft and misconduct;

o assisting us to improve our website(s) or Facebook page;

o processing and assessing employment applications for current and future positions; and

o otherwise managing our internal business operations and processes.

Direct Marketing

We will only use your personal information for the purpose of direct marketing activities where we have obtained your consent to do so, or in circumstances where we have collected the information directly from you and you would reasonably expect that your personal information would be used or disclosed for this purpose. We may provide you with information and to tell you about our products, services, events or any other direct marketing activity which we believe may be of interest to you, by post, email, phone, SMS or other messaging applications as well as through targeting and online marketing and advertising. We may also share your personal information with our related entities or affiliated entities so that they can provide you directly with marketing material about their products and services.

We will provide you with the opportunity to “opt out” of receiving marketing materials at the time of collection and/or at any time afterwards by either unsubscribing from the email service or contacting us via the contact details provided below.

 

Use of anonymous information

We gather anonymous information to:

o monitor the use of our website(s);

o help us make improvements to the website(s); and

o offer relevant information and services to as many users as possible.

 

Disclosure

There will be occasions where it will be necessary for us to disclose your personal information to third parties.

We may disclose your personal information to:

o contractors and third-party service providers on a confidential basis that we use in the ordinary course of our business to assist with the delivery of our products or services. Examples include fulfilling orders for products or services, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring, assessing and managing credit risk, and providing customer service. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes.

o companies approved by you, such as social media sites (if you choose to link your account to us) and payment processors or financing providers and card issuing banks if you choose to use their services or offerings;

o other members of our corporate group (namely, businesses controlling, controlled by, or under common control with Global Retail Brands USA LLC) for marketing purposes;

o government authorities or other third parties as required by law;

o the parties to business transactions with Global Retail Brands USA LLC, including mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations or other business transactions affecting or changing the scope of business, the business form, or major corporate structure of Global Retail Brands USA LLC. In these types of transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Global Retail Brands USA LLC or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

o any other purpose that you have consented to.

 

Transfer of information outside the USA

We may transfer your personal information to our related entities and third-party service providers based outside of the USA. We may also transfer your personal information to service providers who will hold your information on a cloud computing system which may hold your data on servers located outside of the USA. However, where your personal information is disclosed to an overseas recipient or a cloud computing system, we will take adequate measures to ensure that your personal information is handled in accordance with applicable privacy laws and our instructions in accordance with this Privacy Policy. By providing us with your personal information, you consent to your personal information being stored or sent overseas for the purposes set out in this Policy.

Otherwise than stated above, we do not disclose personal information that you may give us to any organization or person outside of us unless you have authorized us to do so.

 

No sale of personal information

Under no circumstances will we sell or shareyour personal information as the terms “sell” and “share” are defined in the State Privacy Laws discussed below.

 

Security

The security of your information is important to us. We operate secure data networks that are designed to protect your privacy and security. When we have collected information about you it cannot be seen or modified by anyone else. We have implemented generally acceptable standards of technology and operational security to ensure personal information (in both physical and electronic form) is protected against loss, misuse, interference and unauthorized access.

Only authorized personnel and contractors are provided access to personal information and have agreed to ensure the confidentiality of this information. Reasonable steps are taken to destroy or permanently de-identify any personal information that is no longer required.

We review and update our security measures in light of current technologies. You should however be aware that the internet is not a secure environment and information sent via the internet (including email) cannot be guaranteed to be totally secure.

 

Cookies

We also make use of cookies on our website which may collect and store personal information. A cookie is a small software message sent to your web browser by our web server. Your browser stores the message in a file and the message is then sent back to our servers each time your browser requests a page from our servers. We use cookies to gain statistics on site traffic and to improve your experience of our website. In addition, we make use of third-party services who use cookies, web beacons or other storage technologies to serve target ads based on past visits to our website.

Most internet browsers are set up to accept cookies. If you do not wish to receive cookies, you will need to adjust the settings of your browser to refuse all cookies or to notify you each time a cookie is sent to your computer. By using our website, you consent to the use of cookies. You may choose to decline cookies, however as a result you may not be able to fully experience our online services.

We use Google Analytics on our websites to collect usage data, to analyze how users use the websites and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

 

Third Party Websites and Social Media Marketing

As described above, we may allow third-party companies to serve ads and/or collect certain information when you visit our websites. These companies may use information collected during your visits to this and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies may also tie identifiers associated with a particular browser or device to identifiers associated with other browsers or devices used by the same user or household (e.g., a device identifier associated with a user’s computer may be tied to the device identifiers of that user’s tablet and phone) in order to measure and target advertisements tailored to user interests across their devices and to send personalized marketing communications. These companies typically use a cookie or third-party web beacon to collect this information.

We are aware that some browsers have developed a do not track (DNT) feature which is being offered to web users. If you enable this feature, it will send a message to websites to request that your browsing is not tracked (for example, by third party advertisers). At the moment our website does not respond to DNT requests but several of these third-party companies who utilize these cookies or beacons on our websites enable you to opt out of this behavioral advertising. To learn more or opt out from these companies you can visit http://www.networkadvertising.org/choices/ and https://www.aboutads.info/choices/.

We also provide you the opportunity to opt out of marketing communications from us or certain transfers of your information. Please refer to the section “Opt-out of direct marketing or request corrections or updates to your information”.

 

Data quality, access and correction

Access

If you are a subscriber to one of our online services or products or loyalty programs, you may access your personal information by accessing your subscriber/account details via the relevant facility on our websites.

Otherwise, you may at any time, request access to personal information that we hold about you by making a request to at the address or email address below.

We will endeavor to process any requests for access to personal information within a reasonable period of time. Where possible, we will provide you with access to that information either by providing you with copies of the information requested, allowing you to inspect the information requested, or providing you with a summary of the information held. If we need to deny your request for access, we will let you know why and inform you how you may lodge a complaint regarding this decision. Generally, this will only be in cases where providing access would be unlawful or is subject to a potential legal claim or proceeding.

We may charge a nominal fee for supplying personal information.

Opt out of direct marketing or request corrections or updates to your information

We will try to ensure that all information we collect, use or disclose about you is accurate, complete, up-to-date and relevant to the service being provided. If you are a subscriber to one of our online services or products, you may change your personal information by accessing your subscriber/account details via the relevant facility on our website(s). Otherwise, if you discover or suspect that there is an error or information is missing, please forward your request for correction to us in writing at the address or email address below. If you would like to opt out of direct marketing communications from us or our related or affiliated entities, you may do so by contacting us in the same way. You may also unsubscribe by clicking the unsubscribe link at the bottom of our promotional email to you.

Complaints about privacy and our complaint handling procedure

If you have any complaints relating to the management of your personal information or if you believe there has been a breach of this Privacy Policy or applicable privacy laws by us, please forward your complaint in writing to the address or email address below. We will consider the complaint and advise you of their decision in writing within a reasonable time from receipt of the complaint.

How to contact us:

Post: Global Retail Brands USA LLC, 8585 Santa Monica Blvd, West Hollywood, CA, 90069

E-mail: privacy@thecustomchef.com

 Privacy Rights Under Certain State Privacy LawsDate of Disclosure: [9th January 2024]

If you are a resident of California, Colorado, Connecticut, Utah or Virginia, you may have certain privacy rights under the applicable privacy laws in your state (“State Privacy Laws”). This section describes those rights and how you can exercise them with Global Retail Brands USA LLC

California residents have certain privacy rights under the California Consumer Privacy Act (CCPA) as amended by California Proposition 24 the “California Privacy Rights Act” or “CPRA”. The CCPA and CPRA provide additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights.

Rights Requests:  Right to Know, Right to Deletion and Right to Correct

You can request what personal information we have collected, used, disclosed, and sold. You can also request that we delete your personal information. We may not delete all of your personal information if one of the following exceptions applies:

Transactional: to complete a transaction for which the personal information was collected, provide a good or service requested by you, or perform a contract we have with you;

Security: to detect data security incidents; preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action;

Error Correction: to debug or repair any errors;

Legal: to protect against fraud, harassment, malicious or deceptive activities, or illegal activity or to comply with applicable law or a legal obligation, or exercise rights under the law, such as the right to free speech; to assist another party with any of its obligations under applicable privacy laws; or

Internal Use: to use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information (i.e. to improve our services).

Please visit here or contact Customer Service to exercise any of your rights under the CCPA and CPRA.   We take the privacy of your personal information seriously and want to ensure that we provide only you or your authorized agent with your personal information. The CCPA also requires that we verify the identity of each person who makes a request to know what personal information we have about you or to delete the personal information we have about you. To verify your identity, we ask you to provide your first name, last name, middle initial, email address, phone number and/or address.

Please note that if we delete your personal information, many of our services will not work the same. Some examples include, but are not limited to:

1. Returns: We will not have the ability to look up your receipt or order in our system. In order to process a return or refund, we will require proof of purchase from the customer and if the customer is unable to provide proof of purchase, the transaction will be treated as an unreceipted return in accordance with our return policy,
2. Customer Service: Our ability to handle customer service requests may be limited. We will not have the ability to look up prior orders or account information and may request proof of purchase in order to service your needs.
3. Online Account & Shopping: Your online account will no longer exist. Your shopping cart items, order history, saved addresses, and any other saved preferences in your online account will no longer be available.
4. Loyalty Program: You will lose your loyalty account and any points earned as part of your participation in Key Rewards. You will not be able to accrue loyalty points moving forward. Any existing reward certificates will be honored. You will also no longer be eligible for loyalty specific benefits such as exclusive events and early access offers.
5. Recalls: We will no longer be able to contact you via email, regular mail, or phone about product recalls related to products you purchased, unless you provided your information to us by returning a product registration card attached to a durable infant product.
6. Gift Registry: You will no longer be able to view or add items to your gift registry. Reference to your name in a joint registry will be deleted.
7. Marketing Communications: We will no longer be able to provide you with any marketing communications directly from our family of brands, including personalized marketing communication such as information about new products, services and offers tailored to your interests.
8. Opt Outs: Previous opt-out requests will not be saved.

You may also request that we correct certain inaccurate information that we have about youNo Sale or Sharing of Your Personal Information

We do not generally “sell” personal information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include sharing of your information to entities within our corporate group or to third parties for advertising technology activities such as those disclosed in our Privacy Policy (see sections with the headings Disclosures, Third Party Websites and Social Media Marketing) as a “sale,” we provide you the option to request that we not “sell” your personal information.

To the extent we sell your personal information as the term “sell” is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out of by clicking Do Not Sell My Personal Information You may also submit a request to opt-out by emailing us at privacy@thecustomchef.com.

The terms “sell” or “share” have specific meanings under the various State Privacy Laws.  Under California law, “share” means disclosing your personal information by us to a third party for cross-context behavioral advertising, in exchange for money or anything else of value. Thus, when we use the term “share” under this section, we are using it in the narrow meaning of how it is defined under California law. Other State Privacy Laws do not use the term “share,” but describe the concept as using personal information for targeted advertising.

Under the laws of California, Colorado, Connecticut and Utah, “sell” means exchanging your personal information by us with a third party for money or anything else of value. Under Virginia law, “sell” is the exchange of personal information for money only.

Through our participation in digital advertising networks, we may sell or share/use for targeted advertising, the following categories of personal information:

• Identifiers;
• Characteristics of protected classifications under California and federal law;
• Internet/electronic activity;
• Commercial information; and
• Inferences drawn from the categories described above in order to create a profile about you to reflect your preferences, characteristics, preferences, behavior and attitudes.

We do not knowingly sell or share/use for targeted advertising the personal information of minors under the age of 16 without affirmative authorization.

No Discrimination

We will not discriminate against any consumer for exercising their rights under the CCPA, the CPRA or any other State Privacy Laws and we will not deny you goods or services, charge you a different price, or provide you with a lesser quality of goods or services if you exercise any of your rights under State Privacy Laws.Right to Opt out of Profiling

If you are a resident of Colorado, Connecticut or Virginia, you have a right to opt out of any form of automated processing performed on personal information to evaluate, analyze or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location or movements (“Profiling”). To submit a request to opt out of Profiling that is not cookie-based or digital advertising-based Profiling, please email us at privacy@thecustomchef.com or call us at ____________. In order to verify your identity, we will send you a verification email. In order to designate an authorized agent to act on your behalf you must provide the authorized agent with written permission to do so, and your authorized agent must submit that written proof mailed to the address below so that it is received prior to the time the agent makes the request on your behalf. To opt out of cookie-based or digital advertising-based Profiling, please opt out of the selling/sharing of your information for targeted advertising, as described above. Note that if you opt out of profiling, your experience with our brands will be less personalized.

We will not be able to opt you out of Profiling where one of the following exceptions applies:

• Legal: to comply with applicable laws, rules or regulations; to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by governmental authorities; to cooperate with law enforcement; to investigate, exercise, prepare for or defend actual or anticipated legal claims; or to assist another party with any of its obligations under applicable laws;
• Security: to prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, or malicious, deceptive, or illegal activity; preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action;
• Improvement of Services and Products/Internal use: to conduct internal research to improve, repair or develop products, services or technology;
• Transactional: to provide a product or service specifically requested by you; to complete a transaction with you or to complete a contract we have with you; and
• Public Interest: to protect your vital interests or those of another individual.

Right to Appeal

If you are a California, Colorado, Connecticut or Virginia resident and we denied your request, you may appeal the denial by clicking on the link to appeal found in the email communication we sent when your original request was completed.

Sensitive Personal Information

We do not collect or process Sensitive Personal Information, as defined by California Law, for inferring characteristics or use or disclose Sensitive Personal Information for purposes other than those permitted by law.

Retention

We will store your personal information for as long as is reasonably necessary to fulfill the purposes described in this Privacy Policy or as required by law.

Protecting Children and Their Privacy

We do not knowingly request or collect personal information from any person under 16 years of age without prior verifiable parental consent. If you believe that your child under the age of 16 has submitted personal information to us in connection with our website or mobile application, and without prior verifiable parental consent, please contact us at privacy@thecustomchef.com so that we can take steps to delete the personal information that they provided.

Visitors from Outside of the United States

The site is hosted in the United States. If you are visiting the site from outside the United States, your information may be transferred to, stored and processed in the United States in accordance with this Privacy Policy and applicable US laws. Please note that data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using this site, you consent to transfer of your information to our facilities as described in this Privacy Policy.

Links to Third Party Websites

Our websites may contain links to websites operated and maintained by third parties, over which we have no control. Privacy policies on such linked websites may be different from our privacy policy. You access such linked websites at your own risk. You should always read the privacy policy of a linked website before disclosing any of your information on such website. 

Variation

We may make changes to this Privacy Policy, and may apply any changes to information previously collected, as permitted by law. When we make material changes to this Privacy Policy, we will notify you by posting the updated Policy on our website, and we will update the effective date by referring to the legend at the top of this Privacy Policy.

 

Miscellaneous

“Personal information” has the same meaning as in applicable privacy laws.

“Website(s)” refers to all websites which are owned, operated or under the control of us including thecustomchef.com