Privacy Policy & Terms of Use | Nutmeg Kettlecorn

/ PRIVACY & SAFETY

Introduction

We at NUTMEG KETTLECORN LLC ("Company" or "we") respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.sugarfina.com (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

On this Website.
In email, text, and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website, which provides dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services.
It does not apply to information collected by:
us offline or through any other means, including on any other website operated by Company or any third party; or
any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

This policy also applies to information we may collect from third party databases and/or marketing partners.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By providing information to use or accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or on or through any of its features. 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@nutmegkettlecorn.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

by which you may be personally identified, such as name, postal address, e-mail address, telephone number, IP address, or any other identifier by which you may be contacted online or offline ("personal information");
that is about you but individually does not identify you; and/or
about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website may include:

Information that you provide by filling in forms on our Website. This includes information provided at the time of making a purchase through the Website or subscribing to our customer mailing list. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.

Records and copies of your correspondence (including email addresses), if you contact us.

Your responses to surveys that we might ask you to complete for research purposes.

Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

Your search queries on the Website.

Your request for a digital receipt or transaction record.

You provide information regarding yourself or your contacts in connection with discounts or loyalty program(s).

You submit information about yourself in connection with potential or prospective employment with the Company.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Information We Collect Through Third Parties

We may, from time to time enter into agreements with third parties to obtain data from consumers provided by other retailers, including, for use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including personal information, order-level transaction data, item-level transaction data, retail data, mobile application data, and other information relating to purchasing history. Any information provided to us is subject to strict confidentiality requirements of the third-party provider and subject to all applicable laws relating to privacy. We use this information to improve our marketing and communications with you.

Third-Party Use of Cookies

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt-out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To present our Website and its contents to you.

To provide you with information, products, or services that you request from us.

To fulfill any other purpose for which you provide it.

To provide you with notices about your account, including expiration and renewal notices.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

To notify you about changes to our Website or any products or services we offer or provide though it.

To allow you to participate in interactive features on our Website.

In any other way we may describe when you provide the information.

For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the order form); provided, however, that unsubscribing from receiving such marketing materials may also impact your eligibility to participate in the Company’s loyalty program(s). For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

To our subsidiaries and affiliates.

To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of NUTMEG KETTLECORN LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Nutmeg Kettlecorn LLC about our Website users is among the assets transferred.

To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Website, we will transmit the contents of that email and your email address to the recipients.

To third parties and data cooperatives for the purpose of marketing and to facilitate offers and advertising from others that may interest you. This information may include personal information, order-level transaction data, item-level transaction data, retail data, mobile application data, and other information relating to purchasing history.

For any other purpose disclosed by us when you provide the information.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Nutmeg Kettlecorn LLC, our customers, or others.

Third-Party Payment Service

We use a third-party payment service to process payments made through the Website or retail locations. If you wish to make a payment through the Website or in retail locations, your personal information will be collected by such third party and not by us and will be subject to the third party’s privacy policy rather than this Privacy Policy. We have no control over and are not responsible for, such third party’s collection, use, and disclosure of your personal information.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties' products or services, you can opt-out by following the instructions for 'unsubscribing' in any marketing communication, or at any other time by sending us an email stating your request to info@nutmegkettlecorn.com. Please note, however, that unsubscribing from marketing materials may also disqualify you from participating in the Company’s loyalty program(s).

Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by following the instructions for 'unsubscribing' in any marketing communication or at any other time by sending us an email stating your request to info@nutmegkettlecorn.com.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Accessing and Correcting Your Information

If you participate in the Company’s loyalty program(s), you can review and change your personal information by logging into the Website and visiting your account profile page.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the primary email address specified in your account. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: info@nutmegkettlecorn.com

or

Nutmeg Kettlecorn LLC
Attention: Privacy
2 Chapel Street, Suite #6

Wallingford, CT 06492

/ TERMS OF USE

TERMS & CONDITIONS

This Website is operated by Nutmeg Kettlecorn. All inquiries may be directed to:

2 Chapel Street, Suite #6
Wallingford, CT 06492

Tel: 1-844-NUTMEG (1-844-688-6344)

Your use of this Website is governed by these Terms and Conditions. Please take a few minutes to review these Terms and Conditions.

Your use of the nutmegkettlecorn.com Website constitutes your agreement to follow these rules and to be bound by them. By placing an order with Nutmeg Kettlecorn, either through our Website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website. If you do not agree with any of these Terms and Conditions, please do not use the nutmegkettlecorn.com Website.

USE OF WEBSITE

The nutmegkettlecorn.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Nutmeg Kettlecorn’s goods and services and/or to otherwise transact business with or contact Nutmeg Kettlecorn, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients).

We will not share the transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with Nutmeg Kettlecorn. This policy is intended to protect the privacy and freedom of Nutmeg Kettlecorn’s customers and the personal relationship Nutmeg Kettlecorn works to develop with its customers and others authorized to use its Website.

Your receipt of an electronic or other form(s) of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for canceling your order

PAYMENT

You must pay in full by debit or credit card in advance when you submit an order through our Website. Payment will be collected at the time of placing the order. Full payment must be received in advance before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by Nutmeg Kettlecorn. If you are placing an order through a company, we may agree to credit terms via a separate written agreement. Please contact us to make arrangements.

PRICING INFORMATION

Nutmeg Kettlecorn cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Nutmeg Kettlecorn website. Nutmeg Kettlecorn reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Nutmeg Kettlecorn. Nutmeg Kettlecorn may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Nutmeg Kettlecorn website vs. products in store.

NO REFUNDS

As nearly all of our products are either edible or personalized, all sales are final and no refunds or store credit will be issued.

CANCELLATION/REFUNDS

Orders cannot be canceled once Nutmeg Kettlecorn has begun processing the order. In order to promptly deliver our kettlecorn as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. We are unable to accommodate requests to change or cancel an order after two hours have passed since the order was placed.

Any changes to or cancellation of an order can only be made with Nutmeg Kettlecorn’s prior written approval and additional charges may apply. Any agreement by Nutmeg Kettlecorn to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges, and expenses already incurred by Nutmeg Kettlecorn to that point, and you agree that such amounts may be deducted from any payments previously made to Nutmeg Kettlecorn.

Accordingly, we encourage you to carefully check your order before submitting it.

QUOTES/CUSTOM ORDERS/CHANGES

The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into U.S. territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order.

Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order.

Price quotes are good for thirty (30) days. Unless otherwise stated by Nutmeg Kettlecorn, pricing for custom orders includes two rounds of reviews for custom artwork, so that you will have the opportunity to review a draft of the artwork and then review any revisions made based on your comments arising from your initial review. Additional design changes will incur an additional $75.00 charge for each additional round of design drafts and review.

Nutmeg Kettlecorn will provide proofs of custom artwork that must be approved by you in person or via fax or email. By finalizing your order, you are verifying that all information is accurate. Nutmeg Kettlecorn is not responsible for any errors in artwork or copy provided by you. Nutmeg Kettlecorn is not responsible for any errors once such custom work has been approved by you.

DELIVERY

Delivery will be deemed to have taken place at the time Nutmeg Kettlecorn places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express) for customer delivery. Nutmeg Kettlecorn is not responsible for lost, stolen, or damaged goods once an order leaves our possession. If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.

You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) any content or images you submit to us for custom work, and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property rights of any third party. We will not check the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms. Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your order. By placing an order and accepting these terms you are accepting any and all liability for any consequences of Nutmeg Kettlecorn using the images you supply.

For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for Nutmeg Kettlecorn to reproduce the images has been obtained. We may photograph products that we provide to you, including those decorated with a logo or other artwork supplied by you. We may display these photographs on our Website or other advertising media, for Nutmeg Kettlecorn’s marketing and promotional purposes, unless specifically requested in writing by you not to do so.

WARRANTY

Nutmeg Kettlecorn warrants that it has the right to provide its products but otherwise the goods are provided on an “as-is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the goods are suitable for the particular purposes intended by you.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Nutmeg Kettlecorn shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the goods, nor for any special, indirect, economic or consequential loss or damage however arising or however caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by Nutmeg Kettlecorn.

SUBMISSION AND USE OF COMMUNITY FEATURES

We welcome your comments regarding the nutmegkettlecorn.com Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to nutmegkettlecorn.com shall be and remain the exclusive property of Nutmeg Kettlecorn. Your submission of any such Comments shall constitute an assignment to Nutmeg Kettlecorn of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Nutmeg Kettlecorn will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

DISCLAIMER

This Website and all contents of this Website are provided on an “as is” basis, without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that Nutmeg Kettlecorn shall not be liable for any damages of any kind related to your use of this Website.

INDEMNIFICATION

You agree to defend, indemnify and hold Nutmeg Kettlecorn harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, including, without limitation, your use of this nutmegkettlecorn.com Website in violation of these Terms of Use.

Nutmeg Kettlecorn takes the utmost care and concern for your privacy while you are shopping on our Website. Please view our Privacy Policy for full details.