PRIVACY POLICY - PLEASE READ CAREFULLY

Privacy Policy Applicable to Users of biggayicecream.com

 

Davenport, Turnblad & Fishpaw LLC an affiliate of Big Gay Ice Cream (“BGIC,” “We,” “Us” or “Our”) recognizes the importance of safeguarding the personal information provided to us by the users of our website, www.biggayicecream.com. BGIC is committed to safeguarding that 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 collection, treatment and use of personally identifiable information and/or personal data that is collected via the Website from visitors to the site (“Visitors” or “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 BGIC’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 
  • Third Party Applications 
  • Other Information 

Use of Cookies, Plug-ins and Web Beacons; Use of Google Analytics 

Do Not Track Signals 

Your Consent 

  • In General 

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 Websites 

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. 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@biggayicecream.com

Collection and Use of Information

The Personal Information We Collect. This Policy applies to all information collected by or submitted to biggayicecream.com. We consider “Personal Information” to mean information about an identifiable individual. If you subscribe to our mailing list or purchase items from our Website, you will be asked to provide a variety of information including, but not limited to, your name, mailing address, email address, phone number, and other similar information about you. 

Financial Information. BGIC will also require billing and payment information such as credit and debit card information when you make online purchases from the Site. However, all payment transactions entered into on the Site are processed by PayPal. You will provide your payment information to PayPal, and PayPal’s Privacy Policy and Terms and Conditions of Use will govern use and disclosure of that information. We encourage you to read carefully PayPal’s Privacy Policy and Terms and Conditions of Use, which can be found at www.paypal.com. BGIC does not use or store your financial information. 

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 BGIC 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. 

Third-Party Applications. Some Users or visitors may connect with the Website using Facebook, Instagram or Twitter. If you decide to connect to the Site through an external, third-party application, you will be granting BGIC permission to receive information from such third-party applications. 

Other Information. When you access the Website, BGIC will automatically receive some information about your use of the Website. The type of information that is automatically collected by BGIC includes such things as the date and time of access of the Website, 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 activities you are engaging in on the Website. This information is used to help us improve and enhance the Website to better meet the needs of its users

BGIC contracts with non-affiliated third parties/business partners to host the Website and to provide data collection and reports regarding Visitors’ activities on the Website. On our behalf, these non-affiliated third parties/business partners use cookies to receive and collect information anonymously (meaning without attaching it to any personally identifiable user) about Visitors’ activities and collect and aggregate such information as collected from many Users of the Website. 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 Website more useful and efficient, (ii) as permitted in this Privacy Policy, or (iii) as otherwise permitted by law. 

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

Regardless of whether a User has chosen to limit BGIC’s sharing of Personal Information as collected on the Website, BGIC 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. 

Use of Cookies and Web Beacons; 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. They contain information allowing us to recognize when someone is visiting the Website and to keep track of his/her preferences, but the information collected does not contain, and is not attached to your name or any other Personal Information specifically identifying you. Through the use of cookies and web beacons, we may automatically collect information about your online activity on our Website, such as the links you click and the searches you conduct on our Website. Cookies are stored in your computer’s browser or on your hard drive and can then be retrieved by the Website. Two kinds of cookies may be used: so-called “session” cookies, which are deleted from your computer when you leave the Website and are used purely to help you to navigate around the Website; and “persistent” cookies, which remain on your computer so that the Website can recognize you when you return. 

We may also use third-party advertising companies to target and show you advertisements when you visit the Site. 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, BGIC permits third-party advertisers and ad networks to place their own cookies on our Sites to track Visitors’ activities on the Site. This enables such companies to recognize Visitors (but without any Personal Information about them) so that advertising can be delivered (either during the time that the User is on our Site or at such time that the User is visiting a website that we do not control) that is tailored to their individual interests (whether for BGIC products or for the products or services of others), based on what has been learned from the Visitors’ activity on the Website. This practice is called “interest-based advertising,” and the practices of these third-parties are not covered by this Privacy Policy. 

BGIC offers you choices about the collection of information on our Sites. BGIC 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. 

BGIC 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 Website 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 Website 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 Website. 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. Your consent may be implied from the circumstances or may be expressly given for a particular purpose. For example, when you submit your Personal Information to us, you are consenting to the collection, handling, use and disclosure of your Personal Information for the purposes identified or apparent at the time of collection and as otherwise described in this Privacy Policy. 

When you subscribe to our mailing list or purchase products through the Website, we may 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, BGIC may from time to time provide your contact information to these entities so that they may send you such information. 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 14 years of age to use the Website. BGIC does not knowingly collect or maintain any Personal Information from children under the age of 13, and no part of this Website is designed with the purpose of attracting such children. If you use the Website from any country outside the United States, the various communications will necessarily result in the transfer of information across international boundaries. By visiting the Website, you consent to these transfers.

Use of Information

In General. We use the Personal Information you 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 Website 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 better understand the needs and interests of our customers, 
  • to analyze the success of our services and Website and for research and development purposes, 
  • to manage the Website's interactive functionality, 
  • to help us improve and enhance the Website experience for all of its visitors, and customize the content on our Website, 
  • for compliance with our legal and regulatory obligations, 
  • as otherwise reasonably required to provide customer services and maintain the Website, 
  • to investigate potential breaches of the Terms and Conditions of Use of the Website, 
  • 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. 

We may also use your Personal Information to contact you via direct postal mail and/or electronically to the extent such activity is permitted by law. This information may also be used to help BGIC 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 Website, 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 is transmitted to and stored. 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, BGIC 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, BGIC 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 Website to non-affiliated third parties for their marketing purposes, unless we have your consent. However, we may disclose aggregated statistics about visitors to the Website, along with anonymous information concerning individual users of the Website. 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 BGIC, or an affiliate of BGIC 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 BGIC goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on the Website (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 BGIC 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 BGIC may elect to destroy, erase or anonymize your Personal Information. Once anonymized, we undertake not to re-identify the information. 

Links to Other Websites and Services

The Website may contain links to various other sites. 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, Twitter and Instagram 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 Website. 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

BGIC 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, BGIC 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 BGIC. Users may access, review and, in certain situations, update, revise and/or delete certain Personal Information by accessing and editing their accounts on the Website or by sending an e-mail to our privacy officer at www.privacy@biggayicecream.com. 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 BGICs’ records after any such revision or deletion. 

As the Website evolves, Users may be offered additional options for reviewing and/or editing Personal Information. Please check this Privacy Policy often to make sure you have reviewed the most recent version. 

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

Changes in Policy

From time to time, BGICs’ Privacy Policy may change. BGIC 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 Website are responsible for making sure they are aware of the provisions of BGIC’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. 

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 info@biggayicecream.com. 

If you have any questions concerning California Privacy Rights you may contact us at privacy@biggayicecream.com or write to us at: Big Gay Ice Cream 61 Grove Street New York, NY 10014.