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Privacy Policy Applicable to Users of wearemoxiemade.com

Last updated: March 13, 2019

Music Meets Food, LLC dba Moxie Made (“Moxie Made,” “We,” “Us” or “Our”) recognizes the importance of safeguarding the personal information provided to us by the users of our website, www.wearemoxiemade.com (the Website” or the “Site”).   Moxie Made operates a website as well as an online retail store from which website users can view and purchase products from Moxie Made under its Convalore brand (“Convalore”) and from third party vendors (“third party vendors”) that offer their products on the Site (collectively, Convalore and third party vendors are referred to herein as “Vendors”).  Moxie Made is committed to safeguarding your personal information and has implemented this privacy policy (the “Policy”) and internal policies and practices to keep your personal and financial information secure.

The Policy covers our treatment and use of personally identifiable information and/or personal data that is collected via the Website (the “Personal Information”) from users of the Site (“Users”) when such Users electronically communicate with or otherwise access the Website.  This Privacy Policy covers only Personal Information that is collected through the Website and does not govern Personal Information collected from any other source or in any other manner.

You are responsible for making sure that you are aware of Moxie Made’s most current Privacy Policy. You can tell when we make changes to this Policy by visiting the page you’re reading now and referring to the “Last Updated” date at the top of this page to learn when this Policy was last revised.

The Privacy Policy is incorporated by reference into and made a part of our Terms and Conditions of Use of the Website, and explains how Users’ information and data is used:

  • California Privacy Rights
  • Collection and Use of Information
    • Collection of Information
      • Collection and Use of Personal Information
      • Financial Information
      • IP Address
      • Other Information
    • Use of Cookies, Plug-ins and Web Beacons; Use of Google Analytics
    • Do Not Track Signals
    • Your Consent
      • In General
      • Reviews
    • Use of Information
      • In General
      • Opting In and Opting Out of Electronic Communications
      • Lawful Access, Legal Action and Investigations
      • Disclosure of Personal Information to Non-Affiliated Third Parties
      • Acquisition of Business
      • Retention of Personal Information
    • Links to Other Sites
    • Information Storage and Protection
    • Options to Review and Opt-Out Choices
    • Changes in Policy
    • Governing Law
    • Contact Us

California Privacy Rights

Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that had been so disclosed.  However, this Privacy Policy, as disclosed on this Website, does not currently permit Moxie Made to share the Personal Information collected at this Website about you with non-affiliated third parties for such third parties’ direct marketing purposes.  If you are a California resident who would like information on how to exercise your rights concerning third party disclosures, you may send an email to privacy@wearemoxiemade.com.

Collection and Use of Information

The Personal Information We Collect.  This Policy applies to all information collected by or submitted to www.wearemoxie.com.  We consider “personal information” to mean information about an identifiable individual.  If you make purchases from or through the Website, subscribe to our newsletter, open an account, or engage in other activities on the Site, you will be asked to provide a variety of information including, but not limited to, your name, mailing address, email address, phone number, and information about you. If you order Products through the Website that will be fulfilled by Vendors or suppliers other than Moxie Made, we will share your personal information with such Vendors and/or suppliers. 

Financial Information.  Moxie Made may require billing and payment information such as credit and debit card information when you purchase items from the Website and/or create an account.  However, all payment transactions entered into Moxie Made are processed by Shopify, a third-party payment processor.  You will provide your payment information to Shopify, and Shopify’s Privacy Policy and Terms of Service will govern use and disclosure of that information.  We encourage you to read carefully Shopify’s Privacy Policy (https://www.shopify.com/legal/privacy) and Terms of Service (https://www.shopify.com/legal/terms) (collectively, “Shopify’s Policies”).

IP Address.   An IP (Internet Protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. Your IP address is not linked to your Personal Information but Moxie Made does reserve the right to use IP addresses to identify individuals who threaten the Website or other users or visitors.  IP addresses may also be used to help diagnose problems with the Website and to gather broad demographic information.

Other Information.  When you access the Website, Moxie Made will automatically receive some information about your use of the service.  The type of information that is automatically collected by Moxie Made includes such things as the date and time of access of the Site, the Internet protocol (IP) address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, the referring website address, and the kinds of business activities you are engaged in while using the Site.  This information is used to help us improve and enhance the website to better meet the needs of its users.

Moxie Made contracts with non-affiliated third parties/business partners to host the Site and to provide data collection and reports regarding users’ activities on the Site. These non-affiliated third parties/business partners use cookies on our behalf and receive information about the Users browsing activity and collects information anonymously (meaning without attaching it to any personally identifiable user) and aggregates information collected from Users. These non-affiliated third parties/business partners have agreed not to use this information other than (i) in connection with providing services to us to make our Site more useful and efficient, (ii) as permitted in this Privacy Policy, or (iii) as otherwise permitted by law.  

Moxie Made will also aggregate Personal Information and may use, share and disclose such aggregated Personal Information as permitted by law.  For example, we may use such aggregated Personal Information for research and product development purposes, and may also share such aggregated Personal Information with Moxie Made’s business partners.

Regardless of whether a User has chosen to limit Moxie Made’s sharing of Personal Information as collected on the Website, Moxie Made may, without restriction, use, share and disclose aggregated statistics about Users, along with specific information concerning individual Users that is not Personal Information in any way permitted by applicable law. We encourage you to read carefully Shopify’s Privacy Policy (https://www.shopify.com/legal/privacy) and Terms of Service (https://www.shopify.com/legal/terms) for detailed information about the data collected by Shopify.

Use of Cookies, Web Beacons, and Pixel Tags; Use of Google Analytics 

The Website may make use of: (i) “cookies” - small data files which we may send to your computer on the basis of the information that we have collected about your visit; and (ii) “web beacons” – small strings of code that provide a graphic image that surveys visitors’ internet activity; and (iii) pixels tags.  They contain information allowing us to recognize when you are visiting the Site and to keep track of your preferences.  Through the use of cookies, web beacons, and pixel tags, we also may automatically collect information about your online activity on our Site, such as the links you click and the searches you conduct on our Site.  Cookies are stored in your computer’s browser or on your hard drive and can then be retrieved by the Site.  Two kinds of cookies may be used: so-called “session” cookies, which are deleted from your computer when you leave the Site and are used purely to help you to navigate around the Site; and “persistent” cookies, which remain on your computer so that the Site can recognize you when you return.

With your express consent, we may also allow third-party advertising companies to target and show you advertisements when you visit the Website.  These third-party advertisers may send “cookies” to your computer or other device to gather information about your preferences to provide you with advertising that is more likely to relate to your interests. On occasion, Moxie Made may permit third-party advertisers and ad networks to place their own cookies on our Site to track visitors’ activities on the Site. This enables such companies to recognize visitors so that when those visitors visit a third-party’s website, advertising can be delivered that is tailored to the visitor’s individual interests (whether for Moxie Made’s products or for the products or services of others), based on what has been learned from the visitors’ activity on Moxie Made’s Site or elsewhere. This practice is called “interest-based advertising,” and the practices of these third-parties are not covered by this Privacy Policy. Moxie Made offers you choices about the collection of information on our Site. Moxie Made adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. If you decide you do not want to receive personalized ads from third-party advertisers and ad networks please visit www.AboutAds.info/choices, where you can learn more about opting out from receiving interest-based advertising.

If you want to delete any cookies that were already sent to your computer, please refer to your web browser’s “Help” facility.  In addition, most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the “Help” facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of the Site's interactive functionality.

Moxie Made uses a web analytics tool called Google Analytics that helps website and mobile application owners understand how visitors engage with their websites.  We can view a variety of reports about how visitors interact with our Site so we can improve it. Google Analytics collects information anonymously.  Google Analytics uses cookies, and IP addresses, and reports website trends without identifying individual visitors. In the event a visitor to the Site voluntarily submits contact information to Google Analytics, that company may then associate such information with the applicable IP address to enable us to see that visitor’s specific interactions with our Site. For more information related to Google Analytics, click here: http://www.google.com/analytics/learn/privacy.html. You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-On. For information about and to install Google Analytics Opt-out Browser Add-on, click here: https://tools.google.com/dlpage/gaoptout?hl=en .  

Do Not Track Signals 

Certain web browsers provide users with an option by which you may have your browser send a “Do Not Track” signal to websites that you are visiting, advising the recipient websites that you do not want to have your online activity tracked.  However, the way browsers communicate such “Do Not Track” signals is not yet uniform and, accordingly, our Website does not take any action in response to such signals.  In the event a final standard is developed and accepted, we may reassess how we should respond to such signals.

Your Consent

In General

We only collect, use and/or disclose your Personal Information with your consent. We will ask for your consent to collect and maintain your personal information; to share your personal information with third parties for marketing or other purposes; to use your Personal Information to communicate with you electronically and otherwise; and to track your activities on the Site using cookies and other tracking devices.

When you register for an account through the Website, we will provide you with the opportunity to receive information from companies or individuals who have services, products, information and/or offers that we think might be of interest to you. If you elect to receive such information or offers, Moxie Made may from time to time provide your contact information to these entities so that they may send you such information, with your consent. If you no longer want us to share your contact information with others, follow the instructions set forth in the Opting In and Opting Out of Electronic Communications section in this Policy. If you no longer want to receive information from those third parties, you will need to opt out of those communications by following the instructions set forth in such other parties’ privacy policies.

You must be 18 years of age to use the Site.  Moxie Made does not knowingly collect or maintain any Personal Information from children under the age of 13, and no part of this Site is designed with the purpose of attracting such children. This Website is intended for Users who reside in the United States. If you use the Site from any country outside the United States, the various communications will necessarily result in the transfer of information across international boundaries.  By visiting the Site, you consent to these transfers.

Reviews

Users are able to post reviews of products on the website on product pages.  Reviews are public and can be viewed by users of and visitors to the Site.  Reviews cannot be deleted once you post them, provided, however, that if you post anything that Moxie Made deems, in its sole and absolute discretion, to be inappropriate, Moxie Made can delete such posts without your consent.

Use of Information

In General.  We use the Personal Information your provide to us for the purpose of communicating with the parties to the transactions in which you are engaged or with other persons or entities with whom you are involved in connection with the transactions on the Site and to process and bring those transactions to completion.  Your Personal Information may also be used in the following ways:

  • to deliver materials, information and services to you,
  • to give you notice of and/or resolve any problems that may arise in connection with our services,
  • to assist Shopify in processing payments
  • to assist third party vendors whose products are offered on the Site to fulfill your orders
  • to better understand the needs and interests of our customers,
  • to analyze the success of our services and Site and for research and development purposes,
  • to manage the Site’s interactive functionality,
  • to help us improve and enhance the Site experience for all of its visitors, and customize the content on our Site,
  • for compliance with our legal and regulatory obligations,
  • as otherwise reasonably required to provide customer services and maintain the Site,
  • to investigate potential breaches of the Terms and Conditions of Use of the Site,
  • to investigate potentially unlawful activity,
  • for any other purpose outlined in this Privacy Policy and/or the Terms and Conditions of which this Privacy Policy is a part, and
  • as otherwise permitted by law.

With your consent, we may also use your Personal Information to contact you via direct postal mail and/or electronically. This information may also be used to help Moxie Made and its commercial partners, and services providers deliver information to you, and for other purposes as are reasonably necessary to provide the services requested by you. You may opt-out of receiving future mailings or other messages from us by following the instructions in the e-mail or other message you receive from us or by following the instructions set forth in the Opting In and Opting Out of Electronic Communications section in this Policy.

Opting In and Opting Out of Electronic Communications.   At certain points where Personal Information is collected on our Site, there may be a box to indicate that you wish to receive certain information or communications from us. You may opt out of receiving electronic communications, such as emails from us at any time.  In all of our electronic communications you will be given the opportunity to opt out of receiving future communications. 

Lawful Access, Legal Action and Investigations.  Your Personal Information may otherwise be disclosed to non-affiliated third parties as either permitted by, or to comply with, applicable laws and regulations.  Your Personal Information may be transmitted through and stored on servers outside your home country, and may be accessed by authorities in those jurisdictions. We may disclose Personal Information if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, violations of our Terms and Conditions of Use, or otherwise in accordance with applicable law. 

Disclosure of Personal Information to Non-Affiliated Third Parties. In addition to the above disclosures, Moxie Made may share your Personal Information, without restriction, with companies and organizations that we retain to perform services for us, such as those that provide data processing, computer software maintenance and development, and companies providing professional, legal or accounting advice to us.  In such situations, Moxie Made requires that these companies and organizations agree to (a) maintain the confidentiality of the Personal Information, and (b) limit the use of such Personal Information to the purposes for which it was provided.  We will not sell, rent or market Personal Information collected on this Moxie Made to non-affiliated third parties for their marketing purposes, unless we have your consent.  However, we may disclose aggregated statistics about visitors to the Site, along with anonymous information concerning individual users of the Site.  We may combine anonymous information and/or aggregate information we collect with additional anonymous and/or aggregate information collected from other sources. We may share anonymous information (including aggregate information) we collect regarding our users with third parties (such as advisors, and/or consultants) for various business purposes including conducting general business analysis, and developing website content and services.

Acquisition of Business.  In the event that Moxie Made, or an affiliate of Moxie Made is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Moxie Made goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Site, all data collected on the Site (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Moxie Made may continue to use the Personal Information as set forth in this Privacy Policy.  If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations. 

Retention of Personal Information.  Personal Information is retained to deliver our services, to otherwise fulfill identified or apparent purposes, and Personal Information may be retained for record-keeping. At some point Moxie Made may elect to destroy, erase or anonymize your Personal Information. Once anonymized, we undertake not to re-identify the information.

Links to Other Site and Services

The Site may contain links to various other sites such as sites owned by retailers. These sites may ask to collect user information voluntarily or otherwise collect certain information (for example, your IP address).  Please be aware that these other websites may have different privacy policies that may subject users to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.

Our website also includes social media features, such as the Facebook “like” button and widgets, the “Share this” button or other interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing the feature, which we encourage you to review. 

Information Storage and Protection

Moxie Made will maintain reasonable procedures to protect the security and confidentiality of Personal Information provided to it by Users, in accordance with applicable law.

There are industry standard safeguards in place to protect Users’ Personal Information, such as the use of firewalls and SSL certificates, and limiting access to such information by company personnel.  Personal Information will be stored in databases and servers located in the United States.  However, no transmission made through the internet can be made completely secure, and accordingly, we will not be liable for the disclosure of any Users’ Personal Information that occurs as a result of transmission errors or the actions of any third party to the fullest extent permitted by law.

In the unlikely event that we determine that there may have been a security breach that results in the unauthorized disclosure of Personal Information to a third party, Moxie Made will promptly notify consumers whose Personal Information it reasonably believes may have been compromised by posting information on the Website and, if email contact is possible, then also by sending an email notification with respect to the situation.

Options to Review and Opt-Out Choices

In addition to having the ability to opt-out of receiving electronic communications, such as emails from Moxie Made by following the unsubscribe link in the footer of each email, users may access, review and, in certain situations, update, revise and/or delete certain Personal Information by sending an email to our Privacy Officer at privacy@wearemoxiemade.com, providing the contact information we are using to communicate with you, such as your email address. Additionally, please note that while you may request the updating, revision or deletion of such information, a copy of the unrevised information may be maintained in Moxie Made’s records after any such revision or deletion. 

If for any reason you wish to discontinue the use of the Website and have your Personal Information removed from our database, please email privacy@wearemoxiemade.com.

Changes in Policy

From time to time, Moxie Made’s Privacy Policy may change. Moxie Made will post changes to the Privacy Policy on the Website. Please review this Privacy Policy often so that you will remain abreast of our current policies. Users of the Site are responsible for making sure they are aware of the provisions of Moxie Made’s most current (see the date at the top of this Privacy Policy) Privacy Policy.

Governing Law

This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions.  Please click here to review the terms relating to Disputes and Governing Law for this Site.

Contact Us

If you have any questions or complaints concerning this Privacy Policy or our handling of your Personal Information (other than with respect to California Privacy Rights) you may contact us at privacy@wearemoxiemade.com or write to us at Moxie Made Privacy, 900 Broadway, Suite 1001, New York, NY 11101.

If you have any questions concerning California Privacy Rights you may contact us at privacy@wearemoxiemade.com or write to us at:  Moxie Made California Privacy, 900 Broadway, Suite 1001, New York, NY 11101.

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