1. The Scope of this Policy

Please read the following information carefully. It tells you when this notice is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this notice, and the steps we take to ensure that your personal information is protected.

If you are visiting JellyBelly.com from a GDPR country, this Privacy Notice does not apply to you. Instead, please review our International Privacy Notice.

If you are visiting JellyBelly.com from a Non-GDPR country, this Privacy Notice does not apply to you. Instead, please review our International Privacy Notice.

2. Agreement to Terms

All activities in which you may engage on this website are voluntary. You are not required to provide any personal information to us unless you choose to access features on this site which require such information. If you do not agree with the terms of this notice or other terms of use on this website, then you should immediately exit this website without providing us with any of your personally identifiable information and discontinue use of the site.

3. Effective Date and Changes to this Notice

This Privacy Notice is effective as of the date above, and will remain in effect until a new notice supersedes it. We may choose to update this notice at our discretion, so you should check this page periodically as the terms may change from time to time. The most recent version of the notice will be reflected by the "last updated" date noted at the top of the page. In the event of a major change to this Privacy Notice, we will provide a conspicuous message either through the site or via an email address associated with your account informing you of the change. After a reasonable period of time from providing the message, your affirmative consent or continued use of the site will constitute your acknowledgment of the notice in its current version and your understanding of the terms of the notice.

4. The Information We Collect

Types of Identifying Information We Collect

The majority of this site is offered without collecting any personally identifiable information from our visitors. However, we may collect personal information about you in specific instances described below. We may collect the following personally identifiable information: your name, your billing address, your e-mail address, your shipping address, your phone number, your date of birth, your payment information, your geolocation, and the type of browser and computing device you use.

Your information is collected when you create an account on the site, place an order, when you voluntarily submit it to enter contests, to request information, or to update your account on the site. We may use your personal information to respond to a request for information or to award prizes or samples. We do not permit third parties, e.g. advertisers, to collect personally identifiable information about your online activity for their own use when you visit our Web Site.

We may directly contact you with special offers from time to time, but only when you have given us permission to do so. You may decline to receive these offers by clicking the "Unsubscribe" link in any of our email newsletters. You may also change your mind and decline to receive special online offers by following the opt-out link in any of our promotional emails or contacting us.

Types of Non-Identifying Information We Collect

We may also collect general information resulting from your activity on the site, including your preferences, insights, and other tendencies. This may include anonymous "traffic data" or tracking information provided by the website’s host or similar provider or collector of such information (i.e., Google Analytics) that does not personally identify you, but may be helpful for marketing purposes or for improving the services we offer. In addition, when you visit our site, we may also log your anonymous IP addresses, a unique identifier for your computer or other access device. This helps us to learn more about areas of the site that are of the most interest to visitors and diagnose problems with our server, to administer our site, or to display the content according to your preferences. We also collect non-personal information (type and version of web browser, operating system, and device type) to improve the design and performance of the site.

We also collect non-personal information (type and version of web browser, operating system, and device type) to improve the design and performance of the site.

We employ other companies to perform functions on our behalf related to the site. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), displaying targeted advertisements and processing credit card payments. They may have access to personal information needed to perform their functions, but may not use it for other purposes. You may opt-out from receiving targeted advertisements from AdRoll, one of our vendors, by visiting the NAI website opt-out page

Your personal data is stored in our Mozu website platform administration dashboard and our dedicated M3 (ERP) servers and in the Azure cloud environment. These servers are located in the United States and are kept secure with PCI compliance protocols, including username and password encryption.

Cookies

The Jelly Belly website uses cookies. We use cookies to gather non-personal information about your visits to the website and enhance your experience. Cookies track the type of browser, operating system, and Internet service provider you are using and allow us to tabulate the total number of visitors to our site, provide e-commerce functionality including saving product to the shopping cart, providing abandon cart reminders, and facilitating the checkout process, track originating IP address, and track referrals from marketing partners.

What is a Cookie? A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps websites to understand your preferences and improve your website experience. Cookies are also used for such activities as remembering your user name and password, if you use such a feature on this site.

You may disable the cookie feature on your computer or set it to alert you when cookies are being sent by using the preferences on your browser. If you choose to disable cookies, however, you may not be able to fully experience the interactive features of JellyBelly.com.

A Note to Parents Regarding Children’s Information

Jelly Belly is committed to protecting the on-line privacy of children. While this site is operated for the enjoyment of general audiences, we are mindful children may also visit this site. Children are not required to provide any personal information to use any part of this site. We also do not knowingly collect information from children under 13 years of age and they are not permitted to register as a user for the site or to receive communications from us.

When a consumer emails us, we collect necessary data, which may include e-mail address, street address and telephone number, in order to respond to the consumer’s request. That information is retained in our consumer contact database for internal purposes, but is not shared with third parties for their own use.

If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out http://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

5. How We Use Your Personal Information

We do not sell your personal information.

We use your information for the following purposes:

• Provide our services. We use your information to fulfill your purchases; process, store, and deliver communications; and provide customer service and support respond to your inquiries;
• Marketing and promotions. For marketing and promotional purposes, such as to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including information about select third-party products and services. . We will send you this information only if you have expressly opted-in to receiving e-mails from us. If you no longer wish to receive any e-mails from us, you may unsubscribe by updating your email preferences.
• Surveys and Contests. To administer surveys or contests and to provide you with relevant products or services (for example, to deliver a prize you may have won in a contest).Prevent Misuse. Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Use or this Privacy Policy.
• Comply with the Law. To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
• Analytics. To analyze visits to the website and learn about the interests of visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve its products and services and deliver the type of content, features and promotions that you are most interested in.

You may control the frequency with which you receive emails from us (including the complete elimination of promotional email notifications). Additionally, you can close your account and indicate that all of your related data should be deleted or, alternatively, indicate that the data can remain but the account be marked as inactive.

California Do-Not-Track Disclosures

Without changing or revoking any of your privacy protections contained in this Privacy Notice, Jelly Belly respects your privacy, but we do not alter the information we collect or change our services upon receiving "do-not-track" signals, as the term appears in Cal. Bus. & Prof. Code §§ 22575(b)(5).

6. How We Share Your Personal Information

Your traffic and transaction information may be shared with our business partners and advertisers on an aggregate and anonymous basis. We may also draw inferences from this information, aggregate this information, and use this information to inform the operation of the website, enhance your website experience, or for any other lawful purpose. Such information shall be governed by this notice in the same manner as any other personal information.

Other than as described in this Privacy Notice, or as may be necessary to protect the rights, property, and safety of our organization, or others, or as may be necessary to comply with applicable law, we will not sell, trade, or otherwise transfer your personal information or general information to third parties without informing you in advance. However, we may provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. Our service partners may use your personal information to operate the website and deliver their services to you. For example, your data may be transferred to website hosting partners and other parties who assist in designing and operating the website, executing services, or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by service partners is governed by the privacy policies of those service partners and is not subject to our control.

Jelly Belly uses the following third party services:

Dropbox, Facebook and Facebook Ads, Kibo, Echidna, Google Analytics, Microsoft Azure, PayPal, YouTube Widget, Tealium, AdRoll, Quantcast, CardConnect, Kount, CustomAnswers, PowerReviews, UPS, Brandify, Akamai, Yottaa, Yieldify, Exclusive Concepts, Bing Ads, Google Adwords, Vidi Emi, Bronto, mShopper, Pepperjam and MyBuys/Magnetic/Evergage. This list is representative and is subject to change without notice.

Disclosure of Your Information for Security Purposes

Jelly Belly fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. We will release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion.

Asset Transfers

If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. You expressly consent to such transfer. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site and/or the App.

7. How We Store and Safeguard Your Information

The personal information that you provide to us is stored on servers which, to our knowledge, are located in secured facilities with restricted access and are protected by protocols and procedures designed to ensure the security of such information. We restrict access to personal information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Service. All of our personnel who have access to this information are trained in the maintenance and security of such information. Access to such personal information is minimized whenever possible. Logs are kept of access to application data, which can be monitored for unauthorized activities. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

Whenever you give out personal information online there is a risk that third parties may intercept and use that information. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using this site, you expressly acknowledge and agree that we cannot guarantee the security of any data provided to or received by us through this site and that any personal information, general information, or other data or information received from you through the site is provided at your own risk.

In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.

Links to Third Parties

The Jelly Belly site may contain hyperlinks to websites owned and operated by third parties. Where this is the case, we urge you to review the equivalent data protection, privacy and cookie policies available on such websites. We do not accept any responsibility or liability for the data protection of privacy practices of third parties in relation to such websites and your use of third party websites is entirely at your own risk.

For your convenience and to improve the usage of the website we may insert links to third parties on this site. This Privacy Notice does not apply to such third party websites. These links take you outside our service and off our site and are beyond our control. This includes links from partners that may use our logos as part of a co-branding agreement. The sites those links can take you to have their own separate Privacy Notices and although we seek to protect the integrity of the website, we are not responsible for the content and activities of those sites. Your visits and access to such websites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit personal information.

8. California Resident’s Privacy Rights

The California Consumer Privacy Act of 2018 (the "CCPA") is a California law that gives California residents ("consumers"), the right to learn about and control certain aspects of how a business handles the personal information that a business collects about them. Pursuant to the CCPA, effective January 1, 2020, consumers whose personal information have been collected by us, have certain rights, including:

• The right to know the categories of personal information we’ve collected and the categories of sources from which we got the information;
• The right to know the business purposes for sharing personal information;
• The right to know the categories of third parties with whom we’ve shared personal information; and
• The right to access the specific pieces of personal information we’ve collected;
• The right to delete your information; and
• The right to opt-out of the sale of your personal information.
• Consumers also have the right to not be discriminated against if they choose to exercise their privacy rights.

To learn more about these rights, your personal information under the CCPA, or to exercise your rights, please visit our California Resident’s Privacy Rights page. You can also email us at [email protected].

Additional California Privacy Disclosures

We do not share personal information with third parties for their use in marketing as specified under California’s "Shine the Light Act."

9. Mobile Messaging Privacy Policy

Jelly Belly offers a mobile messaging program, which you agree to use and participate in subject to both this main Privacy Policy and our Mobile Privacy Policy. A copy of our Mobile Privacy Policy can be accessed here: Mobile Privacy Policy.

10. Changes to this Privacy Policy

We may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our services or business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, We will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your account and cease use of our Services.

11. Contact Us

If you have any questions or comments relating to our website or the Privacy Notice, send an e-mail to [email protected].