Privacy Policy

 

Last modified: May 23, 2018

 

Introduction

Love Your Melon Inc. (“Love Your Melon” or “we” or “us”) 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 loveyourmelon.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 provide dedicated non-browser-based interaction between you and this Website.

• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Love Your Melon or any third party.

• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

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 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.

 

Users Under the Age of 13

Our Website is not intended for users under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from any user under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, and do not register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a user under 13, we will delete that information. If you believe we might have any information from or about a user under 13, please contact us at legal@loveyourmelon.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, or any other identifier by which you may be contacted online or offline (“personal information”).

• About the computer or device you use to access our Website, including the hardware model, operating system and version, MAC address, unique device identifier, phone number, International Mobile Equipment Identity (“IMEI”), signal strength relating to Wi-Fi or Bluetooth, and mobile carrier.

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 registering to use our Website, subscribing to our service, purchasing our products, posting material, or requesting further services. Such information may include your first and last name, e-mail address, gender and subscription preferences. 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.

• In connection with purchasing Love Your Melon products through the Website, we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments and comply with applicable laws.

• 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.

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. 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.

Any User Contributions that you make public is searchable by other users. If you remove information that you posted to the Website, copies may remain viewable in cached and archived pages of the Website, or if other users or third parties have copied or saved that information.

 

Information We Collect Through Automatic Data Collection Technologies 

As you navigate through and interact with our Website, we may use automatic data collection technologies including Google Analytics, Quantcast and Criteo 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. Most mobile devices allow you to control or disable the use of location services in the device’s settings menu.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically may include personal information, which we may maintain or associate with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a 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. Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to refuse to accept browser cookies by activating the appropriate setting on your browser, but note that doing so does not necessarily affect third party flash cookies used in connection with our website (see “Flash Cookies” below). 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. If you refuse to accept browser cookies, we will not use information about your web viewing activates to tailor your online experience. Note, however, that our third party advertising providers may continue to use information about your web viewing activities to tailor advertising to your interest across different websites even when you refuse to accept browser cookies. For more information about how to opt out of ad targeting by our partners, see “Third-Party Use of Cookies and Other Tracking Technologies” below. Our website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

• 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 the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Love Your Melon, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Unlike Cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on web pages (or in an e-mail).

Third-Party Use of Cookies and Other Tracking Technologies

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 alone or in conjunction with web beacons or other tracking technologies 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. Note that this privacy policy does not include use of cookies by such third parties.

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. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.networkadvertising.org/managing/opt_out.asp, www.aboutads.info/choices, and https://www.youronlinechoices.com/. We do not control any of these opt-out links and are not responsible for the availability or accuracy of these mechanisms.  

 

Social Media Platforms

Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Instagram, to generate leads, drive traffic to our websites or otherwise promote our products or this Website. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products that may be if your interest.

The social media platforms with which we may share your personal data are not controlled or supervised by Love Your Melon. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.

Please note that you may, at any time ask Love Your Melon to cease processing your data for these direct marketing purposes by sending an e-mail to legal@loveyourmelon.com.

 

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.

• The create your account

• To help you efficiently access your information after you sign in.

• To remember information so you will not have to re-enter it during your visit or the next time you visit the Website.

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

• To fulfill any other purpose for which you provide it.

• 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 provide information that you have requested to receive from us in response to your opt-out requests.

• 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 our own and third-parties’ goods and services that may be of interest to you. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

 

Disclosure of Your Information

We may disclose aggregated information about our users 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 our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

• To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information.

• To fulfill the purpose for which you provide it.

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

• With your consent.

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. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.

• To enforce or apply our Website 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 us, our customers, or others.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

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.

• Disclosure of Your Information for Third-Party Advertising. We may share certain anonymized information with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email stating your request to legal@loveyourmelon.com.

• Promotional Offers from Love Your Melon. If you do not wish to have your email address or contact information used by Love Your Melon to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data, unsubscribing from our newsletter, opting-out our promotional e-mails by clicking the opt-out link on the bottom of such e-mails or by sending us an email stating your request to legal@loveyourmelon.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to Love Your Melon as a result of a product purchase, warranty registration, product service experience or other transactions.

We allow third-party companies to collect certain information when you visit the Website. These companies may utilize cookies, pixels or other technologies to collect and use non-personally identifiable information (e.g., hashed data, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of greater interest to you. 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 located at http://www.networkadvertising.org/about-nai/about-nai.

We may keep track of how you interact with links across our Website, including our email notifications and third-party services. We do this to help improve our Website, for example to provide relevant advertising, and to be able to share aggregate click statistics, such as how many times a particular link was clicked on.

We also use a variety of third party service providers to help us provide services related to the Website, which includes payment processing. Service providers may be located inside or outside of the European Economic Area. In particular, our service providers are based in Europe, India, Asia Pacific and North and South America.

 

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at legal@loveyourmelon.com to request access to, correct or delete any personal information that you have provided to us (and which you cannot update yourself). We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Please note that we may ask you to verify your identity before taking further action on your request.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Website Terms of Use.

 

Data Retention and Erasure

Love Your Melon is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Website or otherwise providing information to us, you consent to the storage, processing and transfer of information in and to the U.S. and other countries. You acknowledge that we may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information, you can request that we erase your personal information and close your Love Your Melon account. Please note that if you request the erasure of your personal information:

• We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an account for fraud or safety reasons, we may retain certain information from that account to prevent a user from opening a new account with us in the future.

• We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing obligations.

• Information you have shared with others (e.g., reviews, forum postings) may continue to be publicly visible on the Website, even after your account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.

• Because we maintain the Website to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

Withdrawing Consent and Restriction of Processing

Where you have provided your consent to the processing of your personal information by Love Your Melon you may withdraw your consent at any time by changing your account settings or by sending a communication to Love Your Melon specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to the Objection to Processing section of this privacy policy and pending the verification whether the legitimate grounds of Love Your Melon override your own.

 

Objection to Processing

In some jurisdictions, applicable law may entitle you to require Love Your Melon not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Love Your Melon will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.

Where your personal information is processed for direct marketing purposes, you may, at any time ask Love Your Melon to cease processing your data for these direct marketing purposes by sending an e-mail to opt-legal@loveyourmelon.com.

 

California & Vermont Residents

Love Your Melon will not share information it collects about you with its affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.

 

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@loveyourmelon.com.

 

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 email address specified in your account or through a notice on the Website home page. 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: legal@loveyourmelon.com or at our principal office address located at 226 Washington Ave N, Ste 300, Minneapolis, Minnesota 55401.