Last Updated: JAN 1, 2022
Thank you for visiting the Pop Art Snacks (the “Site”). The Site is operated by Happy Day Gourmet, LLC® (“we,” “us,” “our,” “Pop Art”, “Pop Art Snacks” and “Happy Day Gourmet”). We respect your right to privacy and are committed to protecting the privacy and security of your personal information. Please also visit the Pop Art Snacks Website www.Popartsnacks.com to view the Terms & Conditions for explanation of additional terms governing your use of our Site and the purchase of associated products and subscription offerings.
THE SITES ARE DIRECTED TO ADULTS AGED 18 OR OLDER AND YOU MUST BE AT LEAST 18 YEARS OF AGE TO MAKE A PURCHASE THROUGH THE SITE AND TO RECEIVE DELIVERY OF THE PRODUCTS PURCHASED OR SUBSCRIPTION MEMBERSHIPS
We can only be responsible for our own website
We are not responsible for the content on, or the privacy practices of any third-party website not owned by us to which our Sites link or that link to our Sites. If you visit, or submit information to any of those websites, your visit and information are governed by the privacy statements of the third parties who own or operate those websites. We encourage you to carefully read the privacy statements of any website you visit.
We are committed to protecting your information
Pop Art Snacks® maintains a wide range of industry-leading technology tools, and administrative and physical safeguards to prevent and protect you against the misappropriation or unauthorized access; and misuse, alteration, destruction or loss of any personal data you provide to us or we collect in the course of business. In addition, we assure the safety of your sending payment card information over the Internet using leading secure sockets layer (SSL) protection.
Personal Information Collection
“Personal Information” is information that identifies you personally, either alone or in combination with other information available to us. Whatever personal information you provide to us—including, but limited to your name, address and phone, credit card info—will be used to inform you of Pop Art Snacks® offerings, manage your Pop Art Snacks® home delivery membership, and process your orders of Pop Art Snacks® products.
The specific ways we will use this information include, but are not limited to:
• To enroll you in the Pop Art Snacks® home delivery program
• To send you Pop Art Snacks® email newsletters
• To present you with personalized offers via email, postal mail, or telephone
• To respond to inquiries or questions that you have communicated to us via telephone, email, or through the Contact Us form on our web pages
What personal information does Pop Art Snacks collect through this site?
Information You Give To Us
We collect the personal information that you knowingly and voluntarily provide when you use this Site. For example, we collect the information you provide when you request information about products or services, purchase a product or service, contact us regarding a purchase or enter a contest or promotion. This information may include your first and last name, shipping address, billing address, email address, land phone or mobile phone number, credit or debit card information, age, birth date, gender, purchase/return/exchange information, occupation, personal interests and information used to verify your identity or for fraud prevention purposes. Please note that credit or debit card information is only shared with Service Providers or Vendors acting on Pop Art Snacks®’s behalf. See definition below. Whether to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on this Site. All offers remain subject to its terms and conditions of which you will be required to opt into and agree to receive Pop Art Snacks products, subscriptions and memberships. We will maintain date and time stamp of your affirmative agreement to the terms and conditions of Pop Art Snacks offers.
To serve you better, we may combine additional information you give us with the information we collect through this Site. We may also supplement the information we collect through this Site with information that is publicly available such as information based on your address, zip code or information you submit in a public forum (e.g. a blog, chat room, or social network). We may also supplement the information we collect through this Site within information we receive from or cross-reference with our Marketing and Fraud Prevention Partners.
Information Sent to Us by Your Web Browser
We collect information that is sent to us automatically by your Web browser. This information typically includes the IP address of your Internet service provider, your IP-based geographic location, the name and version of your operating system, the name and version of your browser, the date and time of your visit, the pages you visit and the web address you came from and device ID. Please check your browser if you want to learn what information your browser sends or how to change your settings. This information sent to us by your Web browser does not identify you personally. If, however, you have created a user identity on one of your visits to this Site (for example, by making a purchase), we may link the information provided by your browser to information that identifies you personally and use it for the purposes described below. In addition, we may review our server logs for security purposes, such as detecting intrusions into our network. If we suspect criminal activity, we may share portions of our server logs — which contain visitors’ IP addresses — with the appropriate investigative and/or law enforcement authorities who may use that information to trace and identify individuals.
Information Collected Using Cookies and Similar Technologies
We use “cookies” and similar technologies, such as Web beacons (also referred to as “GIF files,” “pixels,” or “action tags”), to collect information and support certain features of this Site. For example, we may use these technologies to:
• collect information that may include which pages you visit, which web address you came from, which links you use, and how long you stay on each page the type of browser/device/hardware you are using, purchase and checkout process, search terms you use and IP-based geographic location;
• support the features and functionality of this Site – for example, to track the items you add to your shopping cart or to track your order;
• customize your Site experience and our advertising and marketing to you including, but not limited to Pop Art Snacks advertising and marketing presented on another website or mobile application;
• save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits to this Site;
• personalize your shopping experience;
• manage and determine the effectiveness of our advertising and marketing efforts including how you respond to our advertising and marketing efforts;
• provide site security and or fraud prevention purposes.
Generally, the information we collect using these Web technologies does not identify you personally. If, however, you have created a user identity, we may link the information we collect using Web technologies to other information that identifies you personally.
If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You may also delete cookies as soon as you leave a site. Although you are not required to accept our cookies when you visit this Site, if you set your browser to reject cookies, you will not be able to use all the features and functionality of this Site.
Information Collected by Third Party Advertising and Marketing Consultants
We may use third party service providers to support the Pop Art Snacks Services. Some of these service providers may use technology such as cookies, web beacons, pixel tags, log files, or other technologies to receive, collect, and store information on our behalf. As a result, third-party advertising and marketing companies may display on-line advertising for Pop Art Snacks or other companies to you on this Site and on other websites. They may also pool the anonymous information that they collect with other sources of information not collected during your visit to our website, which may include your name and mailing address, for purposes of determining whether you might be interested in receiving direct mail. We do not control the use of those third-party cookies or other technologies, and their use is governed by the privacy policies of those third parties. For more information about third-party advertising networks and similar entities that use these technologies, see www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, go to www.aboutads.info/choices.
Social Media Widgets
This Site includes social media features, such as the Facebook, Google Plus, Pinterest, and Twitter widgets. These features may collect information about your IP address and which page you’re visiting on our Site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with those features are governed by the privacy policies of the companies that provide them.
How Does Pop Art SnacksUse Your Personal Information?
We use the personal information we collect through this Site:
• to provide the products, information and services you request;
• for security, credit or fraud prevention purposes;
• to provide you with effective customer service;
• to provide you with a personalized experience when you use this Site;
• to display personalized advertising when you visit this Site;
• to contact you with special offers and other information we believe will be of interest to you (but only with your permission);
• to contact you with information and notices related to your use of this Site;
• to invite you to participate in surveys and provide feedback to us;
• to invite you to participate in and administer sweepstakes and contests; to better understand your needs and interests;
• to improve the content, functionality and usability of this Site;
• to improve our products and services;
• to improve our marketing and promotional efforts; and
• for any other purpose or analytical reason identified in an applicable privacy notice or other agreement between Pop Art Snacks and you
How does Pop Art Snacks share my personal information?
Pop Art Snacks does not rent or sell your Personal Information to third parties for pure direct marketing purposes as a source of income to Pop Art Snacks. It is our policy to not disclose your Personal Information to third parties not wholly owned by us or not in common marketing partnership with Pop Art Snacks for relevant partnership promotions. We may disclose your Personal Information to third parties, whether or not wholly owned by or under common control with us, as necessary to provide the Snacks and/or Snacks Services you request, process your order, optimize our Sites, and to conduct marketing services on our behalf. There are situations in which we may be required to share your information with companies or entities outside of Pop Art Snacks®. These include, but are not limited to:
Service Providers or Vendors Acting on Pop Art Snacks®‘s Behalf — We do employ the services of some outside companies to conduct our business and may share information with them so they may perform those services on our behalf. Do, however, note — these service providers are expressly prohibited from using your information in any way except to perform their duties for you on Pop Art Snacks®‘s behalf or to comply with legal requirements or law enforcement.
With Our Marketing Partners – From time to time we may establish a business relationship with third parties whom we believe trustworthy. These are known as our “Marketing Partners.” In such cases, we may share (not sell or rent) and cross-reference information, including some personal information about you, so that our Marketing Partners can contact you regarding products and services that may be of interest to you. If you do not want us to share your personal information with our Marketing Partners, you may “opt-out” at any time using one of the methods described below.
With Our Affiliates – We may share (not sell or rent) the personal information we collect through this Site with our affiliates so that they can contact you regarding products and services that may be of interest to you. If you do not want us to share your personal information with our affiliates, you may “opt-out” at any time using one of the methods described below.
Legal authorities — We will provide information about you to law enforcement officials or other legally entitled government authorities when prevailing law compels us to do so, or if we believe such disclosure is required to aid in the investigation of suspected illegal activity or prevent physical or financial harm to others.
Aggregate or Anonymous Non-Personal Information – We may also share aggregate or anonymous non-personal information with third parties for their marketing or analytics uses.
As Described in Any Other Agreement between You and Pop Art Snacks – We reserve the right to disclose your personal information as described in any click-through agreement or any other agreement between you and Pop Art Snacks.
We support your right to control your information
You may contact us at any time 7 days a week, 24 hours a day, 365 days per year by calling us at 1-801-983-7470 or emailing us at CustomerService@PopArtSnacks.com or by mailing us at the address listed at the end of this notice, in order to:
• Update your personal information including shipping/billing address, email address, phone number
• Change your preferences for selections, shipping intervals, payment methods or to cancel your account
• Communicate your preferences for how we contact you and/or instruct us which communication methods you wish us not to use
• Opt-out, change your preferences or delete your Personal Information if you are a California Resident and in accordance with the California Consumer Privacy Act of 2018. If you are a California resident, the processing of certain personal data about you may be subject to the California Consumer Privacy Act (“CCPA”) and other applicable California state privacy laws. For more information on your California privacy rights please refer to our California Privacy Statement below.
Upon your request, we will stop sending emails to your email address. To stop receiving emails from us, simply click on the unsubscribe link located within one of our emails to you or if you wish to no longer be contacted via email from Pop Art Snacks, please visit this link to opt out from here and provide the email address you would like removed from our email contact list.
Please allow up to ten (10) business days for the unsubscribe to take place. During that time, you may continue to receive communications from us that were already in process. Please note that even if you opt out, we may continue to contact you regarding your order or Pop Art Snacks Membership, Gift purchase, other transactions you initiate or initiated, or to respond to any inquiry or request you make to us.
We can only be responsible for our own website
This Privacy Pledge applies to our own Pop Art Snacks® site and business practices only. We have no control over and can make no claims to what others do — so surf with caution. And this holds true if we provide links to other websites operating outside and independently of Pop Art Snacks® to serve as a convenience or source of information to you. We cannot claim responsibility for their content or privacy practices, and urge you to use common sense and discretion, and view their privacy policies if you feel that it is a concern.
Our Sites are directed to adults18 years of age and older. We do not knowingly collect Personal Information from people under the age of 18, including children under the age of thirteen. If we become aware that we have collected Personal Information from a user who is under the age of thirteen, we will remove that child’s personal information from our files.
Security of your Information
SMS/MMS MOBILE MESSAGING MARKETING PROGRAM
Text Marketing and notifications:
By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 100 a month. You acknowledge that consent is not a condition for any purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.
Pop Art Snacks® LLC
PO Box 9614, Salt Lake City, UT 84109
USERS OUTSIDE OF THE UNITED STATES
Our Sites are located within the United States. Your Personal Information will be processed and shared in the United States, where data protection and privacy regulations may provide different levels of protection compared with non-United States jurisdictions. If you are located in the European Union, the United Kingdom, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Sites or providing you with your information, you consent to this transfer of your information
Unites States Postal Service:
Pop Art Snacks® LLC
PO Box 9614
Salt Lake City, UT 84109
Attention: Customer Service
i Facebook® is a registered trademark of Facebook, Inc. ("Facebook"). Instagram® is a registered trademark of Instagram, LLC ("Instagram"). Pinterest® is a registered trademark of Pinterest, Inc. ("Pinterest"). SnapChat® is a registered trademark of Snap Inc. ("SnapChat"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Pop Art Snacks® is a registered trademark of Pop Art Snacks LLC. Please be advised that Pop Art Snacks LLC is not in any way affiliated with Facebook, Instagram, Pinterest, SnapChat, or Twitter, and the Pop Art Snacks offerings are not endorsed, administered or sponsored by any of those parties.
CALIFORNIA PRIVACY STATEMENT
THIS NOTICE WAS LAST REVISED ON JANUARY 31, 2020
PERSONAL INFORMATION WE COLLECT
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). Below are the categories of Personal Information we have collected from California Consumers within the last 12 months, though we may collect all or just a few of the identified categories of information with regard to a particular California Consumer:
• Identifiers, such as real name, postal address, IP address, email address or similar identifiers
• Personal Information categories listed in Cal. Civ. Code § 1798.80(e), such as name, telephone number, and credit card number
• Protected classification characteristics under California or federal law, such as age (over 40) and sex (including gender)
• Commercial information, such as products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies
• Internet or other electronic network activity, such as browsing history, search history, information on a California Consumer’s interaction with a website, application or advertisement
• Inferences drawn from any of the above information, such as a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, and attitudes.
Please note that Personal Information does not include publicly available information from government records, deidentified or aggregated consumer information, and information excluded from the CCPA’s scope, such as health or medical information or other Personal Information covered by other sector-specific privacy laws or federal regulations.
SOURCES OF PERSONAL INFORMATION
We obtain the categories of Personal Information listed above from the following categories of sources:
• Directly and indirectly from You
• Directly and indirectly from activity on our website (www.PopArtSnacks.com) and from Your submissions through our website, related pages, or website usage details collected automatically
• From Your mobile device or computer
• From entities that interact with us in connection with the Services we perform
• From government entities and public records
• From other publicly available sources other than public records
• From our affiliates and subsidiaries
• From credit reporting agencies, credit and charge card companies, and anti-fraud companies used to process payments and assist with fraud prevention, detection and mitigation
• From advertising and marketing partners
• From our vendors, such as web hosting providers, analytics providers, or advertisers
• From third-party service providers
• From Internet or other electronic network activity information and technical information.
USES OF PERSONAL INFORMATION
We may use or disclose the Personal Information we collect in the following circumstances and for one or more of the following business purposes:
• To facilitate the fulfillment of any orders You submit to us, to process Your order and payment, and to provide the Services You request.
• To fulfill or meet the reason for which the information is provided.
• To answer Your questions and respond to Your requests.
• To provide You with information, products or services that You request from us.
• To operate, maintain, and improve the services and other programs, features, and functionality related to the Services.
• To provide You with emails, order status, alerts, notices and additional information and to communicate concerning our products or Services, or events, news, promotions or offers from us or our business partners we think may be of interest to You, sometimes by combining Your information with information we obtain from other sources.
• To send You reminders, technical notices, updates, security alerts, support and administrative messages, marketing messages, and requested information, including on behalf of our business partners.
• Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our business or marketing partners.
• To enhance other information we have about You to help us better understand You and determine Your preferences and interests.
• With our vendors and service providers who perform a variety of services and functions for us, such as data storage, order transmittal and fulfillment, transmitting emails, and managing digital content.
• To carry out our obligations and to enforce our rights arising from any contracts entered into between You and us.
• To protect our rights, users and business partners, or as part of legal proceedings affecting us.
• To improve our website and present its contents to You.
• To evaluate Your eligibility for certain types of offers, products, or services that may be of interest to You, and to analyze advertising effectiveness.
• With our affiliates and subsidiaries who may only use the Personal Information for the purposes described in this Privacy Statement.
• To allow You to post a review or sign up for special offers from us or our business or marketing partners, or other companies.
• To verify and respond to Your request(s) made pursuant to this Privacy Statement.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• If the information has been aggregated, de-identified, or otherwise does not identify You personally.
• As described to You when collecting Your Personal Information or as otherwise set forth in the CCPA.
• To evaluate or conduct 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, receivership, liquidation, or similar proceeding in which Personal Information held by us is among the assets transferred.
• As required to comply with the law or legal obligations or to respond to or comply with law enforcement agencies, state and federal regulators, or courts, such as to respond to a subpoena or similar legal process, or as needed to support auditing, compliance, and corporate governance functions.
• We also may use information collected as described in this Privacy Statement with Your consent or as otherwise required or permitted by law.
• If You use any features on the website or the Services to send information about a product or service to another person, we and our service providers will also collect the Personal Information of that other person to the extent disclosed by You and we or our service providers may contact them using the information You provided us for the purpose of completing the action or service for which the Personal Information was provided.
DISCLOSURE OF PERSONAL INFORMATION
We may disclose Your Personal Information to another entity for a business purpose (as that term is defined under the CCPA) including using Personal Information for our or our business partners’ or service providers’ operational purposes, or other notified purposes, in a manner that is reasonably necessary and proportional to achieve the operational purpose for which the Personal Information was collected or processed or for another operational purpose that is compatible with the context in which the Personal Information is or was collected.
In the preceding twelve (12) months, we have generally disclosed the following categories of Personal Information for a business purpose. We may disclose all or some of these categories with regard to a particular California Consumer:
• Personal Information categories listed in Cal. Civ. Code § 1798.80(e)
• Protected classification characteristics under California or federal law
• Commercial information
• Internet or other electronic network activity
• Inferences drawn from any of the above information.
We do not sell Your Personal Information. However, pursuant to the definition of “sell” under the CCPA, which includes selling, renting, releasing, disclosing, disseminating, making available, transferringor otherwise communicating Personal Information for monetary or other valuable consideration, we may “sell” Your Personal Information in exchange for services, insights, or other valuable consideration. In the preceding twelve (12) months, we have generally disclosed all or some of the following categories of Personal Information for value, unless the California Consumer has opted out of such exchange:
• Personal Information categories listed in Cal. Civ. Code § 1798.80(e)
• Protected classification characteristics under California or federal law
REQUESTS PERTAINING TO YOUR PERSONAL INFORMATION
If You are a California resident and Your Personal Information is subject to the CCPA, You may request (though not more than two times within any 12-month period) that we disclose certain and specific information to You about our collection and use of Your Personal Information over the preceding twelve (12) months. You may also request that we not “sell” Your Personal Information to third parties, as that term is defined under the CCPA, also known as Your right to “opt out”.
You can exercise Your right to request information or to opt out by emailing us at CustomerService@PopArtSnacks.com or calling us at 1-801-983-7470 during business hours. Your request to opt out must clearly state Your intent to opt-out of the “sale” of Your Personal Information. Your request for information must be a “verifiable consumer request”. Only You, or a person registered with the California Secretary of State who You authorize to act on Your behalf, may make a verifiable consumer request related to Your Personal Information. A “verifiable consumer request,” as that term is used under the CCPA, must do all of the following:
• Provide sufficient information that allows us, or a third-party whose services we engage for this purpose, to reasonably verify the request was submitted by either (i) You, the person about whom we collected Personal Information; or (ii) Your authorized representative.
• Describe Your request with sufficient detail that allows us to properly understand, evaluate and respond to it.
• We cannot respond to Your request if we cannot verify Your identity or verify you are authorized to make the request on behalf of a California Consumer who is authorized to receive this information, and confirm the Personal Information relates to You. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will notify You in writing. We will deliver our written response by mail or email, at Your option. Any disclosures we provide will only cover the twelve-month period preceding the date we receive Your verifiable consumer request. If we cannot comply with a request, our response will explain the reasons. We do not charge a fee to process or respond to Your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell You why we made that decision and provide You with a cost estimate before completing Your request.
You may also request that we delete any of Your Personal Information that we have collected from You and retained, subject to certain exceptions. We are not required to comply with deletion requests if retaining the information is necessary for us or our service providers to:
• Complete the transaction for which we collected the Personal Information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debut products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
CALIFORNIA DO NOT TRACK DISCLOSURE
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. For information about Do Not Track, visit www.AllAboutDNT.org. Currently, we do not respond to Do Not Track browser settings or signals.
Pop With Purpose
Pursuant to Section 1798.83 of the California Civil Code, California residents have the right to request, once a year, whether we have shared their personal information with other companies for those companies’ direct marketing purposes during the preceding calendar year. To request a copy of your information disclosure, please email us at CustomerService@PopArtSnacks.com and please include “Pop With Purpose Request” in the subject line of Your correspondence. Please allow 30 days for a response.
CHANGES TO THIS CALIFORNIA PRIVACY STATEMENT
We reserve the right to amend this privacy statement at our discretion and at any time. When we make changes to this privacy statement, we will notify You through a notice on our website homepage or via email.
BE BOLD – BE YOU – BE ART - THAT’S POP ART SNACKS!