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GODIVA PRIVACY POLICY

Last Updated: May 14, 2024

This Privacy Policy (“Policy”) notifies you about Godiva Chocolatier, Inc.’s (“Godiva,” “we,” or “us”) privacy practices, including how we collect, use, and disclose information about you when you access or use our website at Godiva.com and on any of our mobile applications (collectively, the “Services”), or when you otherwise interact with us online, such as through our customer support channels or on social media pages.

Certain states, including California, Virginia, Connecticut, Colorado, and Utah require additional information regarding our privacy practices and your privacy rights. Depending on whether you are a resident of those states (“Consumer”), we provide you additional notices about our privacy practices and consumer rights relating to your personal information or personal data, as defined under those laws. If you are a California, Virginia, Connecticut, Colorado, or Utah resident, please see the California and other State Privacy Information section. If you are a California employee or job applicant, please see the California Employee and Applicant Privacy Policy.

We may change this Policy from time to time. If we make material changes, we will notify you by revising the date at the top of this Policy and, in some cases, we may provide you with additional notice (such as adding a statement to the Services or sending you a notification). We encourage you to review the Policy often to stay informed about our information practices and the choices available to you.

CONTENTS

Collection of Information

Use of Information

Disclosures of Information

Targeted Advertising and Analytics

Transfer of Information to the United States and Other Countries

Your Choices

California and other State Privacy Information

Contact Us

COLLECTION OF INFORMATION

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information directly from you when you sign up for emails on or as a member of our Services, communicate with us via third-party platforms, participate in a contest or promotion, request customer support, or otherwise communicate with us. The types of information about you that we collect include your:

Additionally, if you make a purchase, we work with a third-party payment processor to collect and process your payment information.

Information We Collect Automatically

We automatically collect certain information about your interactions with us or our Services, including:

Information We Derive

We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your approximate location based on your IP address.

USE OF INFORMATION

We use the information we collect to provide, maintain, and improve the Services, and keep you informed about new products. We also use the information we collect to:

DISCLOSURES OF INFORMATION

We may disclose personal information in the following circumstances or as otherwise described in this policy:

We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. Godiva processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.

TARGETED ADVERTISING AND ANALYTICS

We engage others to provide analytics services, serve advertisements, and perform related services across the web and in mobile apps. These entities may use cookies, web beacons, SDKs, device identifiers, and other technologies to collect information about your use of our Services and other websites and applications, including your IP address and other identifiers, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used to deliver advertising targeted to your interests on other companies’ sites or mobile apps and to analyze and track data, determine the popularity of certain content, and better understand your online activity. Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under some laws. See California and Other State Privacy Information below to learn how to opt-out of these activities.

TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES

Godiva is headquartered in the United States and we have operations and vendors in the United States and other countries. Therefore, we and those that perform work for us may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal data in accordance with applicable law, such as by obtaining your consent, relying on adequacy decisions, or executing Standard Contractual Clauses.

YOUR CHOICES

Account Information

You may update and correct certain account information at any time by logging into your account on the Services by visiting https://www.godiva.com/sign-in. If you wish to deactivate your account, please email letters@godiva.com, but note that we may retain certain information as required by law or for our legitimate business purposes.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services, such as the functionality of the shopping bag.

Communications Preferences

You may opt out of receiving promotional emails from Godiva by following the instructions in those communications. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.  If you would rather not receive our mail order catalog or other Godiva mailings to your postal address, please let us know by emailing customer service at letters@godiva.com or call us at 800.946.3482.

Links to other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Services, including the information or content contained in such websites or services, and this Policy does not apply to them. We provide links to products available on third-party websites for your convenience. Your browsing and interaction on any third-party website or service, including those that have a link on or to our Services, are subject to that third party's own rules and privacy policies. Please read the terms of such websites and applications carefully and exercise care when providing your personal information.

CALIFORNIA AND OTHER STATE PRIVACY INFORMATION

California and Other State Notice of Information Collected and/or Disclosed

The California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.), as amended by the California Privacy Rights Act (“CPRA”), affords consumers residing in California certain rights with respect to their personal information. In addition, privacy laws in Virginia, Connecticut, and Colorado, and Utah provide consumers residing in that state certain rights with respect to their personal information. If you are a California or Virginia, Connecticut, Colorado, or Utah resident, this section applies to you as indicated.

If you are a California applicant or employee, employee applicant, or contractor, please refer to the California Applicant and Personnel Privacy Policy [link] for a description of Godiva’s privacy practices in that context, and if you are a California business contact, please see our California Business Contacts Privacy Policy.

In the preceding 12 months, we may have collected the following categories of personal information and used them for the specific business purposes described below:

Category of Personal Information

Uses of Personal Information

Identifiers:  Name, alias, mailing address, zip code, unique personal identifier, online identifier, IP address, email address, account name, month and day of birth, or other similar identifiers.

California customer records or similar information in states with applicable privacy laws: Name, signature, address, telephone number, email address, bank account number, credit card number, debit card number, or any other financial information.

Commercial information:  Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

  • Provide and administer our Services and user accounts;
  • Process and fulfill your transactions;
  • Respond to your requests, questions, and concerns;
  • Personalize your experience with us;
  • Send you technical notices, security alerts, support messages and other transactional or relationship messages;
  • Help customer service representatives assist you on request.
  • Communicate with you about products, services, and events offered by Godiva and others and provide news and information that we think will interest you (see the Your Choices section below for information about how to opt out of these communications at any time);
  • Verify customer information;
  • Conduct market research;
  • Advertise and market our products and services, conduct contextual advertising, and tailor ads displayed to you on our Services and elsewhere to your interests and history with us;
  • Monitor and analyze trends, usage, and activities in connection with our products and services;
  • Personalize the advertisements you see on third-party platforms and websites (for more information, see the Targeted Advertising and Analytics section below);
  • Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
  • Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of Godiva and others;
  • Comply with our legal and financial obligations; and
  • Carry out any other purpose described to you at the time the information was collected.

Internet or other electronic network activity information:  Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement

  • Develop or improve products and services, including to debug and repair errors in our Services;
  • Personalize your experience with us;
  • Conduct market research;
  • Advertise and market our products and services, conduct contextual advertising, and tailor ads displayed to you on our Services and elsewhere to your interests and history with us;
  • Monitor and analyze trends, usage, and activities in connection with our products and services;
  • Personalize the advertisements you see on third-party platforms and websites (for more information, see the Targeted Advertising and Analytics section below);
  • Count and verify ad impressions;
  • Conduct analytics;
  • Audit compliance and other practices;
  • Protect our rights, property and privacy;
  • Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of Godiva and others;
  • Comply with our legal and financial obligations;
  • Create de-identified, anonymized, or aggregated information; and
  • Carry out any other purpose described to you at the time the information was collected.

Geolocation data:  Physical location or movements based on IP address

Inferences:  Approximate location based on IP address

  • Provide and administer our Services and user accounts;
  • Audit compliance and other practices;
  • Protect our rights, property and privacy;
  • Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of Godiva and others;
  • Comply with our legal and financial obligations;
  • Create de-identified, anonymized, or aggregated information; and
  • Carry out any other purpose described to you at the time the information was collected.

In the preceding 12 months, we may have disclosed certain categories of personal information for business purposes to certain categories of recipients, which could include the following:

Category of Personal Information

Categories of Recipients

Identifiers

Web hosting and cloud storage providers, Customer support services providers, Customer feedback services providers, Data analytics providers, Fraud prevention services providers, Advertising and marketing partners

Characteristics of protected classifications under state or federal law

Customer feedback services providers

Internet or other electronic network activity information

Web hosting and cloud storage providers, Data analytics providers, Fraud prevention services providers, Advertising and marketing partners

Inferences

Advertising and marketing partners

We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you. We retain personal information for as long as necessary to carry out the purposes for which we originally collected it and for other purposes described in this Policy.

California Sales and Sharing of Personal Information

California law requires that we provide transparency about personal information we “sell” or “share.” “Sale,” for the purposes of the CCPA, broadly means scenarios in which we have disclosed personal information with partners in exchange for valuable consideration, while “sharing” means we have disclosed information to a third party for cross-context behavioral advertising.  In addition, the CCPA has been interpreted to deem this “sharing” to also be a form of “sale.” Accordingly, described more specifically below, in the preceding twelve (12) months, Godiva has “sold” or “shared” your personal information to or with third parties for cross-context behavioral advertising, such as targeting of advertising to you based on your personal information obtained from your activity across businesses, websites, apps, and services other than our Services. See the Targeted Advertising and Analytics section above for more information about behavioral advertising. See Privacy Rights below to learn how to opt out of these activities.

We do not knowingly sell or share personal information about consumers under the age of 16.

Information Relevant to Other States

Virginia’s Connecticut’s, Colorado’s, and Utah’s privacy law requires that we notify you if we use your information for Targeted Advertising. Targeted Advertising means displaying advertisements to you where the advertisement is selected based on personal information obtained from your activities over time and across nonaffiliated websites or online applications to predict your preferences or interests. See Privacy Rights below to learn how to opt-out of these activities.

Godiva has shared, sold, or used for targeted advertising the below information with the following category of third parties.

Categories of Personal Information “Shared,” “Sold,” or Used for Targeted Advertising

Categories of Third Parties

  • Identifiers
  • Commercial Information
  • Internet and electronic network activity information (including information from cookies)

Advertising and marketing partners

           

California Notice of Financial Incentive

California’s privacy law requires that we notify you if we provide you a program, benefit, or other offering, related to the collection, deletion, or sale of personal information, which it defines as a “financial incentive.” We offer coupons and other product incentives to prospective and current Godiva consumers. Sometimes, consumers sign up or provide us their personal information (e.g., email address) in order to receive our coupons or product incentives. As such, under the CCPA, our coupons and product incentives may be considered financial incentives provided in exchange for the collection and retention of personal information.

We offer these coupons and other product incentives to enhance our relationship with you or so you can enjoy or try our products at a lower price. There is no obligation to opt-in and consumers may opt-out at any time. The details of each program are contained in each such program offering.

The consumer data received in exchange for your participation is dependent on a number of factors, including, for example, whether and to what extent you take advantage of any offerings and whether and to what extent you opt out of any offerings but is roughly equivalent to the value of the coupon or product offered.

Privacy Rights

Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of personal information we collect, use, and disclose, (2) request correction of your personal information, (3) request deletion of your personal information, (4) opt out of any “sales” or “sharing” of your personal information that may be occurring or uses of your personal information for targeted advertising, and (5) not be discriminated against for exercising these rights. You may make these requests by calling (800) 946-3482 or sending an email to privacy@godiva.com.  You can opt out of sales, sharing, or targeted advertising here.  If we need to verify your request, we will do so by asking you to provide information related to your recent interactions with us.

If we deny your request, you may appeal our decision by contacting us at privacy@godiva.com. If you have concerns about the result of an appeal, you may contact the attorney general in the state where you reside.

Opt-out Preference Signals

Some browsers allow you to enable privacy-controls in the browser's settings to automatically signal your opt-out preference to the websites you visit (e.g., Global Privacy Control). We honor Global Privacy Control signals as a valid request to opt-out of the sharing of information linked to your browser.  Please be aware, however, that opt-out preference tools are limited to the browser or device you are using.  Also, to maintain your privacy preferences, your browser may save some information in its cookies and cache, and if you clear cookies, you may remove your opt-out preferences so that you may have to opt-out again.

If we receive your request from an authorized agent and they do not provide a valid power of attorney, we may ask the authorized agent to provide proof that you gave the agent signed permission to submit the request to exercise rights on your behalf. In the absence of a valid power of attorney, we may also require you to verify your own identity directly with us or confirm to us that you otherwise provided the authorized agent permission to submit the request. If you are an authorized agent seeking to make a request, please call (800) 946-3482.

CONTACT US

If you have any questions about this Policy, please contact us at letters@godiva.com. We will be happy to answer your questions or address your concerns. Please note that e-mail communications will not necessarily be secure.  Accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.