Effective Date. This Privacy Policy was last updated as of June 15, 2023.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE TREAT YOUR PERSONAL INFORMATION AND WHAT CHOICES AND RIGHTS YOU HAVE IN THIS REGARD. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, YOU SHOULD NOT ACCESS OR USE THE SITE OR ENGAGE IN COMMUNICATIONS WITH US CONCERNING OUR PRODUCTS OR SERVICES.

This Site is intended for users located in the United States and Canada. It is not intended for users located in other countries, including the European Union and the European Economic Area. By using this Site, you acknowledge and agree that you are using the Site from within the United States or Canada.

INTRODUCTION

Smoky Mountain Blue Moose, LLC, Alcoa Blue Moose, LLC, and their affiliates (also referred to herein as “Blue Moose,“ “we,” “us,” and “our”) are (also referred to herein as “we,” “us,” and “our”) are committed to protecting the privacy and security of the personal information we collect, use, share, and otherwise process as part of our business. 

This Privacy Policy (the “Policy”) provides you with a description of our online and offline practices regarding your personal information and the rights you have regarding your personal information. This Policy describes how we collect, use, disclose, and process personal information when you (i) visit our website(s) (e.g., bluemooseburgersandwings.com, (ii) visit our property(ies), (iii) engage with us on social media platforms (e.g., Facebook, Instagram, YouTube and Pinterest); or (iv) otherwise do business with us as a consumer. When you engage with us through any of the platforms listed above (collectively, the “Site” or “Sites”), you are indicating that you understand, accept and consent to the practices described in this Privacy Policy, as well as Blue Moose’s Terms and Conditions (which can be found at https://bluemooseburgersandwings.com/terms-of-use/). If you do not agree with our policies and practices, your choice is not to use our Site.

If you would like to receive a paper copy of this Privacy Policy, or require further assistance in accessing this Privacy Policy, you may call (865) 584-4245 to make such a request.

WHAT INFORMATION DO WE COLLECT?

Notice at Collection. We collect the following information from you for the purposes described in the “How Do We Use and Share Your Information?” section of this Policy. Additionally, we may collect and use inferences drawn from any of the information identified below to create a profile about you, which may reflect topics like your preferences or purchasing behavior.

If you are a resident of California, please also see the “California Privacy Rights” section of this Policy for more information. If you are a resident of Canada, please also see the “Canada Privacy Rights” section of this Policy for more information. We may also obtain any of the information listed below from data vendors to supplement the information we collect from you. The “CCPA Categories of Personal Information” listed in the chart reference the categories set forth in the CCPA definition of personal information.

Contact Information: When you visit the Site, request information about our products or services, subscribe to our emails or newsletters, create an account, place an order by phone or through the Site, submit a review of our products, participate in a contest, sweepstakes or giveaway, interact with our website (e.g., a pop-up that asks for your email address to receive offers, etc.), or contact us (including via phone, mail, email, chat, or social media), we may ask you for your Contact Information.

Contact Information may include your first and last names, email address, street address, city, state, province, territory, zip code, postal code, telephone number, social media usernames, date of birth, or other contact details.

We may also ask you for Contact Information about other people for whom you are purchasing product(s) from us.

CCPA Categories of Personal Information: Identifiers; Categories Described in the Customer Records Statute; Geolocation Data

Order and Payment Information:  If you place an order, make a return, or request a refund, in addition to Contact Information (including, for example, the shipping address and billing address), we (or our payment processor) may collect your Order and Payment Information.

Order and Payment Information may include your payment method information such as credit/debit card or account numbers, expiration date, and related Card Verification Value (“CVV”). We may also keep records of the products or services purchased or considered as well as other purchasing or consuming histories or tendencies.

CCPA Categories of Personal Information: Categories Described in the Customer Records Statute; Commercial Information; Sensitive Information

User Account Information:  In order to access and use certain features of the Site, you may first be required to create an account. When you create an account, we collect your User Account Information and associate it with your Contact Information.

User Account Information includes the password that you choose to create and other information you choose to share with us through your account.

CCPA Categories of Personal Information: Identifiers

Audio or Similar Information:  We may monitor or record any calls made to our call center for quality assurance, coaching, and training purposes. We may associate this with your Contact Information and/or your User Account Information.

CCPA Categories of Personal Information: Audio, Electronic, Visual, or Similar Information

Communications, Feedback, Support, and Inquiries: If you contact us for support or to ask us questions or report a problem via phone, mail, email, chat, or social media; provide us with feedback; submit a photo; respond to our surveys; enter a contest, sweepstakes or giveaway; or submit reviews or other content, in addition to your Contact Information, we may collect Communications, Feedback, Support, and Inquiries.

Communications, Feedback, Support, and Inquiries may include the subject matter of your message and any comments, ratings, reviews, content or responses that you choose to provide. We may keep a log of the information you provide, and this could include additional personal information about you if you decide to include that information.

In addition, when you communicate with us, including through any social media site, we may collect the information that is tied to your account and your engagement with us, and we may retain all content, messages, and information that you provide to us.

If you receive email communications from us, we use certain tools to capture data related to if/when you open our message and if/when you click on any links or banners it contains. Other information collected through this email tracking feature includes: your email address, the date and time of your “click” on the email, a message number, the name of the list from which the message was sent, a tracking URL number, and a destination page.

We may associate Communications, Feedback, Support, and Inquiries with your Contact Information and/or your User Account Information.

CCPA Categories of Personal Information: Characteristics of Protected Classifications; Commercial Information; Internet or Other Electronic Network Activity Information; Audio, Electronic, Visual, or Similar Information

Cookies and Similar Technologies: When you visit our Site or use our mobile applications, we use cookies and similar technologies. Please see the “Cookies and Similar Technologies” section of this Policy below for more information.

CCPA Categories of Personal Information: Internet or Other Electronic Network Activity Information

Usage Information: When you visit the Site, we automatically collect Usage Information from your browser and your device.

Usage Information includes the date and time of your visit as well as geolocation, time zone, Internet Protocol (IP) address or unique device identifier, domain server, operating system, browser type, access time, what websites or search terms referred you to the Site and data about which pages you visit and how you interact with the Site.

CCPA Categories of Personal Information: Identifiers; Internet or Other Electronic Network Activity Information; Geolocation Data; Sensitive Information

Information We Automatically Collect When You Use Our Wi-Fi Services. If you use Wi-Fi services that we make available at any of our properties, we might collect information about your use of our Wi-Fi services, including your IP address, Wi-Fi information (such as SSID), mobile carrier, the websites you visit, the type of device and browser you are using, your device identification number, bandwidth used and session time. If you have a mobile device, are located on one of our properties, and have your Wi-Fi or Bluetooth functionality enabled, we may collect information concerning your mobile device, including the type of device, device ID, and the precise physical location of your device within and around the property (including geolocation and beacon-based location), for analytics and non-marketing related purposes, such as enabling us to understand our customers’ preferences and use of our properties, including general traffic patterns. With your consent, we might also use your location information for marketing purposes, such as to provide you with real-time offers and personalized promotions. If you do not want information concerning your precise location to be collected, you may adjust your mobile device location sharing settings and disable the Wi-Fi and Bluetooth functionality in your mobile device settings.

CCPA Categories of Personal Information: Identifiers; Internet or Other Electronic Network Activity Information; Geolocation Data; Sensitive Information

Inferences: We may draw inferences from any of the categories of personal information identified above to create a profile about you, which may reflect topics like your preferences, or purchasing behavior.

CCPA Categories of Personal Information: Inferences

Cookies and Similar Technologies

Third-party cookies: A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” cookie). “Session” cookies are temporarily stored on your device and remain there until they expire at the end of your browsing session. “Persistent” cookies remain stored on your device until they expire or are deleted by you. Local shared objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. First-party cookies are set by the website you are visiting, and they can only be read by that site. Third-party cookies are set by a party other than that website.

Similar technologies: In addition to cookies, there are other data collection technologies, such as Internet tags, web beacons, pixels (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as you navigate through and interact with a website. For example, web beacons are tiny graphics with unique identifiers that are used to understand browsing activity. UTM codes are strings that can appear in a URL when you move from one web page or website to another. The string can represent information about your browsing, such as which advertisement, page, or publisher sent you to the receiving website.

What Cookies and Similar Technologies Are in Use and Why Do We Use Them?

The Site uses cookies and similar technologies to improve Site functionality, to measure and track how you interact with the Site, to perform analytics, to market to you, to track ad-driven activity, and to otherwise tailor our communications with you. We set certain first-party cookies, including certain cookies that let us know if a user makes a purchase in connection with one of our referral sources. We also use certain third-party cookies and technologies.

For example, we may use certain Adobe technologies to facilitate our ability to analyze data designed to help us improve our Site, products, offers, and marketing.  You can “opt out” of certain technologies from Adobe by using the Adobe Experience Cloud solutions platform by clicking the following link https://www.adobe.com/privacy/opt-out.html and following the instructions provided. Additionally, we may use Google Analytics to collect and process statistical data about the number of people using the Site(s) and to better understand how they find and use our Site(s).  Any data collected is used in accordance with our Privacy Policy and Google’s privacy policy. You may learn more about Google Analytics by visiting https://www.google.com/policies/privacy/partners/ as well as Google’s restrictions on data use by visiting the Google Privacy Policy at: https://www.google.com/policies/privacy. To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout and install the opt-out browser add-on feature.  For more details, visit the “Google Analytics opt-out browser add-on” page (located at https://support.google.com/analytics/answer/181881?hl=en).  

Other Third-Party Technologies

Some third parties may use automated data collection technologies to collect information about you when you browse the Internet. We do not control these third parties’ technologies or how they may be used. If you have any questions about targeted content, you should contact the responsible party directly or consult their privacy policies.

Choices About Cookies

Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being stored.  These settings may affect your enjoyment of the Site’s functionality. Adjusting the cookie settings may not fully delete all of the cookies that have already been created. To delete them, you should review your web browser settings after you have changed your cookie settings. The links below provide additional information about how to disable cookies or manage the cookie settings:

Google Chrome:    https://support.google.com/chrome/answer/95647?hl=en

Firefox:     https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences 

Microsoft Edge:    https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09  

Safari:    https://support.apple.com/guide/safari/manage-cookies-sfri11471/mac  and https://support.apple.com/en-us/HT201265

For more information about how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/. You may learn more about internet advertising practices and related consumer resources at https://youradchoices.com/control, https://thenai.org/about-online-advertising/faq, and http://www.networkadvertising.org/choices.

HOW DO WE USE AND SHARE YOUR INFORMATION?

We may use the personal information we collect for one or more of the following purposes:

  • Processing your purchases and returns and delivering the products and services that you have requested;
  • Processing your payments and refunds;
  • Detecting fraud and preventing loss;
  • Providing you with information about our products and services;
  • Contacting you about products or services that may be of interest to you;
  • Enabling you to track the status of your purchase or return;
  • Establishing and maintaining your user account with us;
  • Managing our relationship with you;
  • Improving our services and customer service;
  • Allowing you to contact us and facilitate your communication with us;
  • Responding to your feedback, requests, questions, or inquiries;
  • Registering you for our email distribution lists;
  • Sending you periodic emails;
  • Administering a contest, sweepstakes, promotion, or survey;
  • Enabling you to share reviews, comments, questions, and answers;
  • Providing you more tailored advertising;
  • Operating the Site(s) and preparing aggregate traffic information;
  • Recognizing your device and remembering your interactions;
  • Providing you with a more personal and interactive experience on the Site;
  • Engaging with you on social media, including contacting you via social media and using other social media tools to interact with you;
  • Operating our business;
  • Enforcing our policies and contracts;
  • Facilitating, or use in connection with, corporate mergers, acquisitions, reorganizations, dissolutions, or other transfers;
  • Ensuring safety of person or property;
  • Asking if you would like for us to share your information with third parties;
  • Accomplishing any other purpose related to and/or ancillary to any of the purposes and uses described in this Policy for which your information was provided to us;
  • Accomplishing another purpose described to you when you provide the information, for which you have consented, or for which we have a legal basis under law;
  • Complying with federal, provincial, territorial, state, or local laws;
  • Complying with a civil, criminal, or regulatory inquiry, investigation, subpoena, order, or summons by federal, state, provincial, territorial or local authorities;
  • Cooperating with law enforcement agencies;
  • Exercising or defending legal rights or claims; and
  • Creating, using, retaining, or disclosing de-identified or aggregated data.

How do we disclose or share the information described in this Policy? Where permitted by applicable law, we may share the information described above in the following contexts:

Corporate Affiliates:  We may share your information with our corporate affiliates and any other entity wholly or partially owned by Smoky Mountain Blue Moose, LLC, Alcoa Blue Moose, LLC, or their members, and with their respective officers, directors, employees, accountants, attorneys and agents.

Acquisitions and Similar Transactions:  In accordance with applicable law, we may disclose your information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our company assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

Disclosures with Your Consent:  We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this Policy. We will only disclose your information in this context with your consent.

Legal Obligations and Rights (Subpoenas, Court Orders, and Warrants):  We may disclose the information described in this Policy in response to subpoenas, warrants, court orders or other legal process, to otherwise cooperate with law enforcement agencies, or to comply with relevant laws. We may also share such information in order to establish or exercise our legal rights; to defend against a legal claim; to investigate, prevent, or take action regarding what we believe in our sole discretion to be possible illegal activities, suspected fraud, to protect the safety of person(s) or property, or a violation of our contracts; or in the event we believe in our sole discretion that you have abused the Site by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming, or otherwise to violate applicable laws. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

Public:  Some areas of our Site may offer forums or provide the opportunity for users to post comments or reviews in a public forum. Please remember that any information disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your information. If you decide to submit your information in these areas, you do so at your own risk, and you acknowledge that the information will be publicly available.

Third Parties:  We may provide information about you to third parties that may offer products and services when you accept an offer from them or otherwise consent for us to do so.

Professional Advisors:  We may share information with our insurers and professional advisors, including lawyers, attorneys and accountants, that need access to such information to provide operational or other support services on our behalf.

Service Providers:  We may share your information with our service providers that need access to such information to provide operational or other support services on our behalf. Among other things, service providers help us to fulfill orders; process payments; provide warranties; administer the Site; provide technical support; offer customer support; send marketing, promotions and communications; provide advertising services; provide data analytics services; assist with auditing; perform quality and safety-related services; and assist with other legitimate purposes permitted by law. Our service providers are contractually obligated to keep personal information confidential, retain, use, or disclose your personal information for only the business purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Policy

Deidentified or Aggregated Data:  We may disclose aggregated information about our users, and information that does not identify any specific individual, such as groupings of demographic data and customer preferences, for purposes such as new product and marketing development.

HOW LONG DO WE STORE AND USE YOUR INFORMATION?

We may retain and use your information for as long as is necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our products and services, and to enforce our agreements.

We take reasonable steps to delete the information we collect when (1) we have a legal obligation to do so, (2) we no longer have a purpose for retaining the information, and (3) if you ask us to delete your information, unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations. We may also decide to delete your information if we believe it is incomplete, inaccurate, or that our continued storage of it is contrary to our legal obligations or business objectives. When we delete information, it will be removed from our active servers and databases; but, it may remain in our archives when it is not practical or possible to delete it.

To the extent permitted by law, we may retain and use anonymous and aggregated information for performance reporting, benchmarking, and analytic purposes and for product and service improvement.

We are required by law to maintain records of consumer requests submitted under the California Consumer Privacy Act and how we responded to such requests for at least 24 months. We only use this information for recordkeeping purposes.  If you are a resident of California, please see the California Privacy Rights section for more information.

HOW DO WE PROTECT YOUR INFORMATION?

We understand the importance of securing and protecting your information.  We maintain safeguards to secure your personal information and to help protect the integrity and privacy of the personal information you provide.  For example, when collecting credit card information, we (or our payment processor) offer secure-server transactions that encrypt your information in transit to thwart someone from intercepting and misusing it. We also use “firewalls,” secure socket layers and other security technology to protect your information and our network. We secure your personal information on servers located in controlled, secure environments, protected from unauthorized access, use or alteration. Our employees have limited access to your personal information based on their responsibilities and all employees with access to any such information are instructed to protect the confidentiality of your personal information as described in the Privacy Policy.

We want you to feel confident using our Site(s) to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your personal information, we do not promise, and you should not expect, that your personal information will always remain secure.

The safety and security of your personal information also depends on you. Where you use a password for access to restricted parts of the Site, you are responsible for keeping the password confidential. Do not share your password with anyone. You should also take care with how you handle and disclose your personal information and should avoid sending personal information through unsecure e-mail. We encourage you to learn about how to prevent identify theft. Some excellent resources can be found on the websites like the site of the Federal Trade Commission, www.ftc.gov and the Office of the Privacy Commissioner (Canada), https://www.priv.gc.ca/.

If security safeguards are breached such that it compromises your personal information, we will notify you and any applicable regulator when we are required to do so by applicable law.

RIGHTS AND CHOICES ABOUT YOUR PERSONAL INFORMATION

Please use the “Contact Us” details provided at the end of this Policy to exercise your rights and choices. We honor such requests when we are required to do so under applicable law. 

Communication Preferences. If you wish to change your communication preferences or no longer wish to receive communications from us via email, you may opt-out by clicking the “unsubscribe” link available at the bottom of our email communications or by contacting us at info@dclfood.com or 865-584-4245 and providing your name and email address so that we may identify you in the opt-out process. We honor such requests when we are required to do so under applicable law.  Once we receive your instruction, we will promptly take corrective action. It may take us up to seven (7) days to process any request to opt-out of communications. If you provide your email address when placing an order, either online or via our call center, you will receive transaction-based emails including but not limited to order confirmation and shipment confirmation. We reserve the right to send you service-related announcements on rare occasions when it is necessary to do so. For example, if our service is temporarily suspended for maintenance, we might send you an email. You can’t opt out of these communications unless you deactivate your account.

Cookies. You may set your browser to refuse all or some browser cookies or to alert you when cookies are being set. For more information on how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/. You may learn more about internet advertising practices and related consumer resources at http://www.aboutads.info/consumers/, http://www.networkadvertising.org/choices, and http://youronlinechoices.eu/.

Accuracy and Updating Your Personal Information. Our goal is to keep your personal information accurate, current, and complete. If any of the personal information you have provided to us changes, please let us know by contacting us at info@dclfood.com or 865-584-4245. You may also edit your account details if you have a user account through the Site. For instance, if your email address changes, you may wish to let us know so that we can communicate with you. If you become aware of inaccurate personal information about you, you may want to update your information. We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

Complaints. If you believe your rights relating to your personal information have been violated, you may lodge a complaint with us by contacting via the “Contact Us” details provided at the end of this Policy.

Individual Rights

Right to Confirmation and Access. Residents of Virginia have the right to confirm whether we process their personal information and to access such personal information. 

Right to a Copy. Residents of Virginia have the right to access their personal information, including a right to obtain a copy of the consumer’s personal information in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another entity without hindrance. 

Right to Know. Residents of California have the right to request: (1) the specific pieces of personal information we have collected about you; (2) the categories of personal information we have collected about you; (3) the categories of sources from which the personal information is collected; (4) the categories of personal information about you that we have sold or shared and the categories of third parties to whom the personal information was sold or shared; (5) the categories of personal information about you that we disclosed for a business purpose and the categories of third parties to whom the personal information was disclosed for a business purpose; (6) the business or commercial purpose for collecting, disclosing, selling, or sharing personal information; and (7) the categories of third parties to whom we disclose personal information. Our response will cover the 12-month period preceding our receipt of a verifiable request unless a longer period is requested by you.

Right to Delete. Residents of California and Virginia have a right to request the erasure/deletion of certain personal information collected or maintained by us. As described herein, we will delete your personal information from our records and notify any service providers or contractors (as defined under applicable law) to delete your personal information from their records. However, we are not required to honor a deletion request if an exemption applies under the law.

Right to Correct. Residents of California and Virginia have a right to correct inaccuracies in their personal information, taking into account the nature of the personal information and the purposes for which we process the personal information. We will use commercially reasonable efforts to correct the inaccurate personal information as directed by you. 

Right to Limit Use and Disclosure. Residents of California have the right to limit the use and disclosure of their sensitive personal information to that use which is necessary to perform our services and provide our goods as requested by you, or as otherwise permitted by law. We only use or disclose sensitive personal information for purposes permitted by the CCPA and to which the right to limit does not apply.

Right to Opt Out. Residents of California have the right to direct us to stop selling or sharing your personal information to third parties and to refrain from doing so in the future. Residents of Virginia have the right to opt of targeted advertising, the sale of your personal information, and profiling based on your personal information. Pursuant to our standard business practices, we do not make any sales (as defined under Virginia law).

Submission Instructions. You may submit a request to exercise one of the above rights via our Request Portal or by telephone call to (800) 501-8081. Regarding requests to delete, we may present you with the choice to delete select portions of your personal information, but subject to applicable law a global option to delete all personal information will be offered and more prominently presented. If a request is submitted in an incorrect manner or if it is deficient, we will provide you with specific directions on how to submit the request or remedy any deficiencies, as applicable.

Verification Process. We are required by law to verify the identities of those who submit Requests to Know or Requests to Delete. To determine whether the individual making the request is the consumer about whom we have collected information, we will verify your identity by matching the identifying information provided by you in the request to the personal information that we already maintain about you. As a part of this process, you will be required to provide your name, email address, address, and/or telephone number. We will inform you if we cannot verify your identity.

  • If we cannot verify the identity of the person making a request for categories of personal information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our privacy policy.
  • If we cannot verify the identity of the person making the request for specific pieces of personal information, we are prohibited from disclosing any specific pieces of personal information to the requestor. However, if denied in whole or in part for this reason, we will evaluate the request as if it is seeking the disclosure of categories of personal information about the consumer.
  • If we cannot verify the identity of the person making a Request to Delete, we may deny the request.
  • If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.

Authorized Agents. Authorized agents may submit requests via the methods identified in this Policy. If you use an authorized agent to submit a request to know or a request to delete, we may require you to: (1) provide the authorized agent with signed permission to do so; (2) verify your identity directly with us; and (3) directly confirm with us that you provided the authorized agent permission to submit the request. However, we may not require these actions with respect to confirmed guardianship, conservatorship, power of attorney, or other protective arrangement in accordance with if you have provided the authorized agent with applicable law.

Excessive Requests. If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (1) charge a reasonable fee, or (2) refuse to act on the request and notify the consumer of the reason for refusing the request. If we charge a fee, the amount will be based upon the administrative costs of providing the information or communication or taking the action requested.

Non-Discrimination. You have the right not to receive discriminatory treatment by us due to your exercise of the above rights. We do not offer financial incentives and price or service differences, and we do not discriminate against consumers, employees, applicants, or independent contractors for exercising their rights under applicable law.

Appeals Process. Residents of Virginia have the right to appeal a refusal to take action on a request within a reasonable time after your receipt of the decision. You may submit an appeal by responding with a comment on your request in our online portal or by calling our toll-free telephone number (800-501-8081). We will inform you of any action taken or not taken in response to the appeal, along with a written explanation of the reasons in support of the response.

Nevada Residents. Pursuant to our standard business practices, we do not make any sales (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. However, as required by Nevada law, you may submit a verified request to us at (800) 550-8393 to request that we not make any sale of covered information. Please provide your name and contact information in your request, and we will respond to your request in accordance with Nevada law.

California Residents

For purposes of this subsection regarding the California Consumer Privacy Act, as amended (“CCPA”), all terms referenced herein shall have the meaning accorded to them in the CCPA, when applicable.  This subsection regarding the CCPA applies only to California consumers, as defined under the CCPA.

CCPA Notice at Collection. For purposes of the CCPA, we collect the categories of personal information listed in the “What Information Do We Collect” section of this Policy.  We may provide a separate notice at collection if we collect additional information or intend to use information for additional purposes.

Data Practices During the Last 12 Months:  Personal Information Collected: As described in this Policy, we may have collected the following categories of personal information identified in the CCPA during the preceding 12 months:

  • Identifiers
  • Categories described in the Customer Records Statute
  • Characteristics of Protected Classifications
  • Commercial Information
  • Internet or other electronic network activity information
  • Geolocation data
  • Audio, electronic, visual, or similar information 
  • Inferences
  • Sensitive Information

Categories of Sources: We may have collected the personal information identified in this Policy from you when you engage with us by interacting with our Site, contacting us by phone, placing an order, subscribing to emails, participating in a contest, sweepstakes, or survey, submitting a vendor or employment application, or engaging with our social media accounts. Additionally, in order to improve our services, we may supplement your personal information with information obtained from third parties. For example, for credit card payments, we may communicate with a company that processes credit card payments and utilize services which help us verify your identity. We may also obtain information from data vendors.

Business and Commercial Purposes for Collecting: We may have collected the categories of personal information listed above for the purposes listed in the “How Do We Use and Share Your Information” section above.

Sale and Sharing of Personal Information: Disclosures of personal information to certain of our vendors may be considered a “sale” or “sharing” under California Law. You can opt-out of sale/sharing by using our Request Form to select your preferences or by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). If you do not have an account on our Site or you are not logged into your account, the signal sent by your browser will be linked to your browser only and will not be linked to your account, as we do not have a way to associate the browser with your account. The categories of personal information disclosed during the preceding 12 months that may be considered a “sale” or “sharing” under California law are:

  • Identifiers; 
  • Categories Described in the Customer Records Statute; 
  • Geolocation Data; 
  • Internet or Other Electronic Network Activity Information; 
  • Commercial Information; and 
  • Inferences
  • Sensitive Information. 

We may have sold or shared the categories of personal information listed above to the categories of third parties listed in the “How Do We Use and Share Your Information” section above. 

Business and Commercial Purposes for Selling/Sharing. We may have sold or shared these categories of personal information listed above for the purposes listed in the “How Do We Use and Share Your Information” section above. We do not knowingly sell or share the personal information of consumers under 16 years of age. 

Personal Information Disclosed for a Business Purpose: We may have disclosed for a business purpose the categories of personal information listed below during the preceding 12 months:

  • Identifiers
  • Categories Described in the Customer Records Statute
  • Characteristics of Protected Classifications
  • Commercial Information
  • Internet or other electronic network activity information
  • Geolocation data
  • Audio, electronic, visual, or similar information
  • Inferences
  • Sensitive Information

We may have disclosed each category of personal information to the following categories of third parties: (1) service providers (data analytics data storage, mailing, marketing, payment processing, site administration, technical support); (2) corporate affiliates; (3) professional advisors such as accountants and attorneys; and (4) third parties with your consent.

Business and Commercial Purposes for Disclosing: We may have disclosed the categories of personal information listed above the parties listed above for the purposes listed in the “How Do We Use and Share Your Information” section above.

Notice of Financial Incentive: We occasionally offer programs such as sweepstakes or similar promotional campaigns which may be considered a “financial incentive” program under California law. When you sign up for one of these programs, we typically ask you to provide your name and basic contact information. The value of your personal information to us is related to the value of the benefits you obtain or that are provided as part of the applicable program, less our expenses related to offering the programs to participants. You may withdraw from these financial incentives at any time by contacting us at info@dclfood.com.

Limited Use of Sensitive Information. We only use or disclose sensitive personal information for purposes permitted by the CCPA and to which the right to limit does not apply.

California Shine the Light: Under California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. At present, we do not share your personal information with third parties for those third parties’ direct marketing purposes. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our Site may make any changes to their information at any time by contacting us at info@dclfood.com.

CANADA PRIVACY RIGHTS

This subsection applies only to residents of Canada.

Transferring Your Personal Information: We may process, store, and transfer your personal information in and to the United States. US jurisdictions have different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. 

Accessing and Correcting Your Personal Information:  It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

You can review and change your personal information by logging into the Site and visiting your account profile page or by contacting us at info@dclfood.com.

If you want to review, verify, correct, or withdraw consent to the use of your personal information you may write to us using the contact information provided below to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change or delete information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal information; however, we will notify you of any fee in advance.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot honor your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

Withdrawing Your Consent: Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us using the contact information provided below. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

THIRD-PARTY SITES

This Policy is applicable only to the Site, and it does not apply to any third-party websites.

The Site may contain links to, and media or other content from, third parties. These links are to external resources and third parties that have their own privacy policies. Because of the dynamic media capabilities of the Site, it may not be clear to you which links are to external, third-party resources. If you click on an embedded third-party link, you will be redirected away from the Site to the external third-party website. You can check the URL to confirm that you have left this Site.

We cannot and do not (1) guarantee the adequacy of the privacy or security practices employed by or the content and media provided by any third parties or their websites, (2) control third parties’ independent collection or use or your information, or (3) endorse any third-party information, products, services or websites that may be reached through embedded links on this Site.

Any information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the Internet. Our Site and services are not directed to children aged 13 or younger, nor is information knowingly collected from children under the age of 13. No one under the age of 13 may access, browse, or use the Site or provide any information to or on the Site. If you are under 13, please do not use or provide any information on the Site (including, for example, your name, telephone number, email address, or username). If we learn that we have collected or received personal information from a child under the age of 13 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we might have any information from or about a child under the age of 13, please contact us using the contact information provided below.

For more information about COPPA, please visit the Federal Trade Commission’s website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

UPDATES AND CHANGES TO THIS POLICY

We reserve the right, at any time, to add to, change, update, or modify this Policy to reflect any changes to the way in which we treat your information or in response to changes in law. Should this Policy change, we will post all changes we make to this Policy on this page. If we make material changes to this Privacy Policy, we will place a notice on our Platform(s) near the link to this Privacy Policy and may also send, at our option, a notice to the email address that you have provided. Any such changes, updates, or modifications shall be effective immediately upon posting on the Site. The date on which this policy was last modified is identified at the beginning of this Policy.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so that you are aware of any changes. Your continued use of the Site after the “Last Updated” date will constitute your acceptance of and agreement to such changes and to our collection and sharing of your information according to the terms of the then-current Policy. If you do not agree with this Policy and our practices, do not access, view, or use any part of the Site.

CONTACT US

For more information, or if you have any questions or concerns regarding this Policy or wish to exercise your rights, you may contact us using the information below, and we will do our best to assist you.

In Writing:

Blue Moose Legal Department

7100B Kingston Pike

Knoxville, TN 37919

By Telephone:  (865) 584-4245