Privacy Policy

Last Changes to Privacy Policy: October 20, 2017

Welcome to the OCHO Candy web site, owned and operated by Five Star Organics LLC, Inc. (“OCHO” or “we”, “us”, or “our”). We are strongly committed to letting you (“you”) know how we will collect and use information from or about you.  The policies below (the “Privacy Policy”) apply to this web site, located at www.ochocandy.com, and any other web sites under our control, however such web sites are accessed and/or used, whether via personal computers, mobile devices, or otherwise, and including all related interactive features, products, services, applications (including mobile applications), downloads, email newsletters, or other communications we provide (collectively, the “Website”). In addition to the Content (defined below), the Website provides you with various opportunities to participate in various shopping services (“Services”)..  We have established this Privacy Policy to let you know the kinds of information that we may gather from or about you during your use of this Website, why we gather it, what we use it for, when we might disclose it, and how you can manage it. 

Please be advised that the practices described in this Privacy Policy apply only to information gathered online through our Website. It does not apply to information that you may submit to us offline or by companies or organizations to which we may link or who may link to us.

By using our Website, you are accepting the practices described in our Privacy Policy.  If you do not agree to the terms of this Privacy Policy, please do not use the Website.  We reserve the right to modify or amend the terms of our Privacy Policy from time to time without notice. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes.  If we intend to apply the modifications or amendments to this Privacy Policy retroactively or to information that we maintain about you, we will provide you with notice of the modifications or amendments and an opportunity to opt-in.

If you have any questions about this Privacy Policy or don’t see your concerns addressed here, you should contact us by email at privacy@ochocandy.com.

What Information About Me Is Collected and Stored?

We collect information from or about you in conjunction with your use of the Website. For example, information that you may supply to us includes your e-mail address when you sign up for an account on the Website. We may also collect information about you automatically when you use the Website, which may include tracking and usage information about your location, demographics, use of the Website and the Internet.

As a general matter, you can browse the Website without submitting your personal information to us.  However, there are a number of circumstances in which you may supply us or our agents with your personal information.  The following lists the most common ways in which we may collect your personal information.

  • Registering for an account on the Website
  • Uploading content to the Website
  • Signing up to receive alerts or other information via email, text or instant message from OCHO
  • Volunteering personal information to OCHO

Collection of Your Source IP Address/Location Information

We may collect and store information about your location and your device. Some of this information may be general, such as the state or city associated with your zip code, while some of this information may be more precise, such as information associated with your mobile device. Most mobile devices allow you to control or disable the use of precise location services globally or per application in the device’s settings menu. Before we request precise location information, we will give you an opportunity to consent to that collection. We will delete any location information that you request to be deleted. We do collect and store your device’s source IP address which may disclose the location of your device at the time you access the Website. 

Collection of Information About You From or Through Social Media Sites or Using Your Social Media Logon

When you interact with any Service Provider page or account on a social media platform, such as Facebook, Twitter, Google+, Tumblr, LinkedIn, YouTube, or Pinterest, we may collect the information about you that you make available to us on that page or account including your account ID or “handle.” However, we will comply with the privacy policies of the corresponding social media platform and we will only collect and store such information that we are permitted to collect by these social media platforms.  If you publish your social media profile on our Service, we may collect information that you make available as part of that profile.

Collection of Information From Other Sources

We also may collect information about you that we may receive from other sources or from our offline interactions with you to, among other things, enable us to verify, update information contained in our records and to better customize the Website for you. We may also collect information from credit reporting agencies to, for example, determine your creditworthiness, credit score, and credit usage, in accordance with applicable laws.

Information Collected Through Surveys and Promotions

From time to time we may provide you with the opportunity to participate in sweepstakes or other promotions on our Service, which might be sponsored or conducted by a third party.  If you participate, we will request certain information from you. Participation in these sweepstakes and promotions are completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information. If there is a third party sponsor involved please make sure to review that party’s privacy policy.

Collection of Third Party Information Through Tell-A-Friend Feature

We may from time to time conduct a referral service to introduce people you know to our Sites and Service. If you choose to use our referral service to tell someone about our Sites and Service or a discount on the Sites and Service, we will ask you for your contact’s name and email address. We will automatically send your contact a one-time email inviting him or her to visit our website. Service Provider stores this information for the purpose of sending this one-time email and tracking the success of our referral program. Your contact may contact us at privacy@ochocandy.com to request that we remove this information from our database.

Use of Cookies and Other Tracking Technologies

Like many websites and mobile applications, we use “cookies”, which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences and actions. We may also use cookies to monitor traffic, generate analytics (e.g., audience size), improve the Website and make it easier and/or relevant for your use. 

We use both “session” cookies and “persistent” cookies.   We do not use flash cookies, web storage, web beacons or other technology that tracks your browsing history across multiple websites.

We use cookies for the other purposes set out below:

  • We use cookies to find your account information in our database when you access a service so you do not need to log in at every visit.
  • We use cookies to register you for a service.
  • We use cookies to send you correspondence (e.g., e-mail newsletters).
  • We use cookies to display advertisements on the Website.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. If you delete your cookies or if you set your web browser to decline cookies, some features of the Website may not work or may not work as designed.  For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

We may partner with third party advertising companies who may utilize cookies, web beacons or other technologies to provide advertisements about our goods and services that may be of interest to you on third party sites, or to serve advertisements on our Website. These third parties may use these technologies to collect information about you when you use the Website. They may collect information about your online activities over time and across different websites and other online services, as well as across devices. They may use this information to provide you with interest-based advertising or other targeted content. They may also use persistent identifiers to anonymously track your Internet usage across other websites in their networks beyond the Website. Such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us.

Some content or applications, including advertisements, on the Website are served by unaffiliated 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, you should contact the responsible advertiser directly.

How Do We Use Your Information?

We use the information we learn from you to help us personalize and continually improve your experience on the Website.  Such uses include:

General Uses

  • Uploading your content to our Website as you request
  • Permitting you to update, edit, and manage your content on our Website
  • Communicating with you about your account or transactions with us (including service related announcements) and send you information about features and enhancements on our Website
  • Communicating with you about changes to our policies
  • Communicating with you about your comment to a blog post
  • Personalizing content and experiences on our Website, including providing you reports, recommendations and feedback based on your preferences
  • Analyzing statistics regarding the use of our Website.
  • Optimizing or improve our products, services and operations
  • Automatically updating the Website on your device
  • Detecting, investigating, and preventing activities that may violate our policies or be illegal
  • Performing statistical, demographic, and marketing analysis of users of the Website

Use of Your Location Information

Specifically, we use your location information to:

  • Personalize content on our Website, including providing you reports, recommendations and feedback based on your preferences
  • Optimize or improve our products, services and operations
  • Detect, investigate, and prevent activities that may violate our policies or be illegal
  • Perform statistical, demographic, and marketing analyses of users of the Website and their purchasing patterns

Combining Your Information

We use the information from one portion of the Website on other portions of the Website or elsewhere in our network of websites, apps, and other interactive features, or in reports and analysis, all of which are owned and operated by OCHO, and we may combine information gathered from multiple portions of the Website into a single customer record or analysis or report.  We also use and/or combine information that we collect off-line or we collect or receive from third party sources to enhance, expand, and check the accuracy of your customer records.

Who Do We Provide Your Information To?

Except as disclosed in this Privacy Policy, we do not disclose the information that we collect about you to any companies not part of OCHO or its parent, subsidiaries or related entities.  In no event will we sell or rent the information that we collect from or about you as part of a customer list or similar transaction.

Business Partners and Third Parties

We may share information about you with our business partners from time to time.  You may withdraw your consent to such sharing at any time by following the opt-out process described below.

Third-Party Agents

We have third party agents, subsidiaries, affiliates and partners that perform functions on our behalf, such as hosting, billing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc.  These entities have access to information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that information.  They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the Website.

Emergency Situations

We may also use or disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Website; (b) protect and defend our rights or property, the Website or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Website or the public.  This includes exchanging information with other companies and organizations for fraud protection.

What Steps Are Taken To Keep Information About You Secure?

We take security very seriously. Information we collect is stored in secure operating environments that are not available to the public.  Our security procedures mean that we may request proof of identity before we disclose information that we have collected about you to you.  Please understand, however, that while we try our best to safeguard the information that we collect, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. 

How Do We Disclose Information From or About You?

Information that we collect through the Website may be stored and processed in the United States or any other country in which OCHO, its Clients, Affiliates or service providers maintain facilities.  OCHO, its Clients, Affiliates, or service providers may transfer information that we collect about you across borders and from your country or jurisdiction to other countries or jurisdictions around the world.  If you are located in the United States or other regions with laws governing data collection and use that may differ from US law, please note that we may transfer information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.  Wherever information about you is transferred, stored, or processed by OCHO, OCHO will take reasonable steps to safeguard its privacy.  By registering for and using the Website you consent to the transfer of information to the US or to any other country in which OCHO, its Clients, Affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. 

How Long Do We Keep Your Information?

Following termination or deactivation of your account, OCHO, its Clients, Affiliates, or its service providers may retain information (including your profile information) and user Content for a commercially reasonable time for backup, archival, and/or audit purposes.  If you have any questions about termination or deactivation of your account, please contact us directly at privacy@ochocandy.com.

What Happens When I Link To or From Another Website?

This Website may contain links to other websites operated by third parties. Please be advised that the practices described in this Privacy Policy for OCHO do not apply to information gathered through these other websites. We are not responsible for the actions and privacy policies of third parties and other websites. 

Governing Law

This Website is published in the United States. We attempt to protect information that we collect about you and we attempt to comply with local data protection and consumer rights laws to the extent they may apply to the OCHO services, but our Website is located and targeted to United States citizens and our policies are directed at compliance with those laws.  If you are uncertain whether this privacy policy conflicts with the applicable local privacy laws where you are located, please do not use the Website. 

Assignment

We may change our ownership or corporate organization while providing the Website.  We may also sell certain assets associated with the Website.  As a result, please be aware that in such event we may transfer some or all of your information to a company acquiring all or part of our assets or to another company with which we have merged.  Under such circumstances we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time.  Nevertheless, we cannot promise that an acquiring company or the merged company will have the same privacy practices or treat your information the same as described in this Privacy Policy.

Changes to This Policy

As our Website continues to develop, we may add new services and features to our Website. In the event that these additions affect our Privacy Policy, this document will be updated appropriately.  We will post those changes prominently so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.  We do, however, recommend that you read this Privacy Policy each time you use our Website in case you missed our notice of changes to the Privacy Policy.  We will not, however, materially change our policies and practices to permit us to use information we have previously collected from you for a different purpose without your express consent.

Opt-Out Provisions

Emails and Other Communications.  If you would like to alter the type of communications you receive from us, including opting out of promotional communications from us, you may do so at any time by updating the communication preferences specified in your account profile through the Website.  Please note that this may affect your ability to access certain products and services, and we may continue to send non-promotional communications such as staffing confirmations, surveys, and other information about your use of the Service. If you refer others to us using our email functionality, please note that they may choose not to receive any promotional emails from us in the future by following the opt-out instructions in the email invitation.

Tracking. You also have choices to limit some tracking mechanisms that collect information when you use the Website. Many web browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. If you choose to decline cookies, certain features of our website, including the Website themselves, may not function properly or remain accessible to you. In addition, you may also render some web beacons unusable by rejecting or removing their associated cookies. Note that if you choose to remove cookies, you may remove opt-out cookies that affect your advertising preferences.

You may opt out of the collection and use of your information by some advertising networks as described in this Notice.

You may opt out of tracking of analytics data by Google Analytics, one of our customer usage analytics providers, by clicking here. If you do not opt out of Google Analytics, then information gathered by Google Analytics will be transmitted and stored by Google and will be subject to Google’s privacy policy at www.google.com/policies/privacy/partners.

You may choose not to share your precise geo-location information with us by adjusting the device’s location services settings or the settings on our mobile applications.

On sites that contain tracking technologies used for online behavioral advertising, you may opt out of the collection and/or use of your information for these purposes by visiting the Network Advertising Initiative at http://optout.networkadvertising.org/#!/ and/or the Digital Advertising Alliance by clicking http://optout.aboutads.info/#!/.  You may also be able limit the association of your mobile device with your online activities by resetting the advertiser ID on your Apple or Android device. For more information about how to change these settings go to:

  • Apple: https://support.apple.com/en-us/HT202074

Please note that while you may opt out of online behavioral advertising served by participating companies through these sites and actions, you will still see other types of advertising on the Website, it just may not be as relevant or targeted to your interests.

Accessing and Correcting Your Information

If you have an account with OCHO, you may review and change your information by logging into your account and editing your profile.  Be advised that we may not be able to delete information we collect from or about you without also deleting your user account.  You will not be permitted to examine the information we maintain about any other person or entity and may be required to provide us with information that personally identifies you to verify your identity prior to accessing any records containing information about you.  We may not accommodate a request to change or delete information we have collected from or about you if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.

If you have any questions about this Privacy Policy, you should contact us by email at privacy@ochocandy.com.

Your California Privacy Rights

California Civil Code Section 1798.83 permits customers of OCHO who are California residents and who have an established business relationship with OCHO to request certain information regarding its disclosure of their personally identifiable information to third parties for third parties’ direct marketing purposes. To make such a request, please send an e-mail to privacy@ochocandy.com

Your browser or device may include “Do Not Track” functionality. OCHO’s information collection and disclosure practices, and the choices that we provide to customers, will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received.