Privacy Policy

Last Updated: 10/6/16

Privacy Policy Overview

Thank you for visiting www.thoughtfully.com (our “Website”) operated by Thoughtfully and its affiliates Coastal Cocktails, Inc. and Modern Gourmet Foods (collectively, “Thoughtfully,” “us” or “we”).  Thoughtfully respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (“Policy”).

This Policy describes the types of information we may collect from you or that you may provide when you visit our Website and our practices for collecting, using, maintaining, protecting, and disclosing that information.  

In this Policy, “personal information” means any information by which you can be identified or contacted, such as your name (first and last), home, billing or other physical address, email address, telephone number, billing information, etc., as well as any information associated with the foregoing.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with the terms of this Policy or other Terms of Use posted on this Website, which are expressly incorporated herein by reference and made a part of this Policy, your choice is not to use our Website.  By accessing or using this Website, you agree to this Policy.  This Policy may change from time to time.  Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Website Intended for Adults 18 and Over

Use of this Website is limited to persons over the age of eighteen (18) who are residents of the United States.  We do not knowingly collect personal information from anyone under 18.  You must be 18 or older to register for an account, transmit/submit/post any content, material or personally identifiable information or place an order on the Website.  If you are under 18, do not use or provide any information on this Website or on or through any of its features, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number or email address.  If we learn we have collected or received personal information from a minor under 18 without verification of parental consent, we will delete that information.  If you believe that we might have any information from or about anyone under 18, please contact us.

Information We Collect About You and How We Collect It

User-Provided Information:  You may be required to provide personal information to access or use certain parts of our Website, or features of the Website or services, including without limitation, when you register for an account, place an order, chat with one of our representatives, subscribe to a newsletter or email list, fill out a form, participate in any of our programs, special events or promotions such as contests, sweepstakes or surveys, contact us with a comment, testimonial, question or complaint, etc.  If you do not provide the requested personal information, you may not be able to access or use the features of the Website or service where such information is requested.  

Depending upon the nature of the transaction, the personal information collected may include your first and last name, username and password, billing, mailing or shipping address, telephone number, email address, fax number, date of birth, age, gender, occupation, marital status, anniversary, interests, address book, social media user name or handle, purchase history or other demographic information.  When making purchases through the Website, we may also require you to provide a credit card or other payment information, billing address and gift message (including an optional personalized video or audio message to the gift recipient), and that you provide information about a recipient or potential recipient of a gift or a purchase y&ou previously made through the Website.

Emails and Social Media Sites:  If you correspond with us by email, mail or via social media, we may retain the content of your communication or social media posting, the email or social media account address from which it is sent, and our response.  Content and other information in or related to emails sent by you to Thoughtfully or postings on any of Thoughtfully’s social media platform accounts, such as Facebook, Instagram and Twitter may be used as testimonials or for other marketing purposes in accordance with our Terms of Use.  Please be aware that when you receive a receipt acknowledging your email or an upload to one of our social media accounts or your submission of an order or application form, it means that the message or form has been routed into the Internet, and not that it has been received by us.  We also collect information automatically using technology when you visit our Website or social media pages or when you open one of our emails as described in this Policy.  For example, if you access our Website or services through a third party connection or log in through Instagram, Twitter, Facebook Connect or another third party service by “following,” “liking” or linking your account to one of our services, that third party may pass information about you to us, including without limitation, your name, birthday, gender, username or ID number, username or ID number of your friends, the email address associated with your account, your profile picture, physical location, photos, photo likes, photo tags, and an access token to authenticate the third party service.  We may also collect additional information regarding your hobbies, interests or “likes” that you make available through your profile on the third party service, any other information you have permitted the third party to share with us, and any information you have made public in connection with that service.  Please consult the applicable third party website for further information on how to control or adjust your privacy settings on the third party site as Thoughtfully has no control over such third party website.

Sweepstakes, Contests and Other Promotions:  We may offer promotions including sweepstakes or contests on our Website or through our social media platform accounts.  Depending on the nature of the promotion, we may require the submission of all or some of the following:  your name, email address, postal address, telephone number and birth date.  Additional information may be requested and either optional or required depending on the specific promotion.  We will only use this personally identifiable information for purposes of administering the promotion or as otherwise explained in the official rules or terms and conditions for the promotion.

Third Parties:  We may also collect personal information about you from other third parties, such as demographic firms, to make our future services and marketing efforts more efficient and personalized for you.  We may combine all information that you provide to us or we collect over time with information obtained from other sources and may disclose this information within our corporate family of companies or our service providers.  

Cookies Information:  When you visit the Website, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the Website.  A cookie does not collect personal information about you.  We use both session cookies and persistent cookies.  A persistent cookie remains on your hard drive after you close your browser.  Persistent cookies may be used by your browser on subsequent visits to the Website.  Persistent cookies can be removed by following your web browser’s directions.  A session cookie is temporary and disappears after you close your browser.  You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent.  However, some features of the Website or services may not function properly if the ability to accept cookies is disabled.  

Google Analytics:  We use a tool called “Google Analytics,” a web analytics service provided by Google, Inc. (“Google”) to collect information about use of this Website.  Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other sites they used prior to coming to this Website.  We use the information we get from Google Analytics only to improve this Website.  Google Analytics collects only the IP address assigned to you on the date you visit this Website, rather than your name or other identifying information.  We do not combine the information collected through the use of Google Analytics with personally identifiable information.  Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Website, the cookie cannot be used by anyone but Google.  Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this Website by disabling cookies on your browser, however please note that if you do this you may not be able to use the full functionality of this Website.

Log File Information:  Log file information is automatically reported by your browser each time you access a web page.  When you register with or view our Website, our servers automatically record certain information that your web browser sends whenever you visit any website.  These server logs may include information such as your web request, Internet Protocol (“IP”) addresses or other device identifiers, browser information, Internet Service Provider (“ISP”), operating system, location, date/time stamp, clickstream data, referring/exit pages and URLs, domain names, landing pages, pages viewed, and other such information.

Clear Gifs Information:  When you use the Website or services, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously.  No personal information from your account is collected using these clear gifs.  In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients.  The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make this Website better for our users.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To facilitate your purchases and provide the services you request.
  • To confirm, track and deliver your order.
  • To personalize your order/gift to the intended recipient by including a personalized video or audio message.
  • To contact you (via email, postal mail, or telephone) regarding products and services that we believe may be of interest to you.
  • To operate, maintain, and provide to you the best possible features, services, products, functionality of the Website and its contents and overall customer experience.
  • To provide you with information, products, or services that you request from us.
  • To analyze visits to the Website and learn about the interests, preferences, demographics and behaviors of our visitors in aggregate and also on a personal level to better understand your interests and needs, so we can assess product demand, identify your product and service preferences, and improve our products and services and deliver to you the type of content, features, products and promotions that you are most interested in.
  • To process registration requests when you register for our programs or services, or otherwise administer your participation in our programs or services.
  • To respond to your questions, requests, comments or complaints and determine your satisfaction with our programs, products and services.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide through it.
  • To compare and review your personal information for errors, omissions and accuracy.
  • To prevent, detect or investigate any fraudulent, abusive or illegal act.
  • To allow you to participate in interactive features on our Website.
  • To administer a promotion, contest, sweepstakes, survey or other Website feature.
  • To send you marketing communications and other information and materials you have chosen to receive regarding our products, services, marketing or special events.  
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We also use your personal information for our everyday business purposes such as security, processing orders, payment processing, analytics, operations, fraud detection and prevention, reporting, making back-ups and legal compliance.

We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Website and services; (d) monitor aggregate metrics such as total number of visitors and traffic; (e) diagnose or fix technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP; and (f) help you efficiently access information.

User Content:  Any personal information or content you voluntarily disclose for posting to the Website (for instance, any content you post) (referred to herein as “User Content”) becomes available to the public via the Website and our business partners.  User Content includes, but is not limited to, testimonials, reviews, comments, photos, videos, etc.  If you remove User Content, copies may remain viewable in cached and archived pages or if other users have copied or stored your User Content.

Thoughtfully reserves the right, but has no obligation, to monitor the User Content you post on the Website.  Thoughtfully has the right to remove any such information or material for any reason or no reason including, without limitation, if in its sole opinion, such information or material violates, or may violate, any applicable law or our Terms of Use, or to protect or defend Thoughtfully’s rights or property or those of any third party.  Thoughtfully also reserves the right to remove information upon the request of any third party.

Thoughtfully may use certain information about you and/or your User Content without identifying you as an individual to third parties.  We do this for purposes such as analyzing how the Website is used, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions.

How We Share Your Information

Personally Identifiable Information:  In certain circumstances, we may share your personal information with our trusted partners.  

  • Our affiliates:  Thoughtfully may share personal information with its affiliated companies, including those referenced herein and those subsequently acquired by Thoughtfully or its affiliated companies.
  • Third Party Service Providers:  We may disclose potentially personally-identifying and personally-identifying information to those of our employees, contractors (including website operators), affiliated organizations, service providers, distributors, promotional partners and other third parties that provide support services to us such as fulfilling and delivering your purchase, webhosting, web analytics, mailing, emailing, etc., or help us market our products and services, administer our programs and operations, administer promotions, or process any other information on our behalf to provide services available at our Website.  These third party service providers may contact you or the recipient regarding your purchases in order to schedule delivery, verify delivery availability or to otherwise ensure satisfaction with your order.  We may store personal information in locations outside the direct control of Thoughtfully (for instance, on servers or databases co-located with hosting providers).  These service providers only receive personal information, if such information is needed to perform their function(s), and they are not authorized to use any personal information for any purpose(s) other than the purpose(s) set forth by Thoughtfully.
  • Special Events, Promotions and Partnerships with Third Parties:  From time to time, we may join with third parties to provide specific services or products, special events or promotions (such as surveys, contests or sweepstakes).  If you choose to sign up for such services, order these products, or participate in a special event or promotion, Thoughtfully may share your personal information with third party partners.  We will share only the information that is necessary for the third parties to provide these services or products or otherwise participate in or administer the applicable event.  Unless we tell you otherwise, these third parties will not use your personal information for any other purpose other than to provide these services or products or conduct the event.  However, we do not undertake to confirm, investigate, or police their practices.
  • Compliance with Law and Fraud Protection:  We may, and you authorize us to, use and disclose any information:  (1) we deem necessary, in our sole discretion, to comply with any applicable law, regulation, governmental request or legal process served on us or our affiliates; (2) to investigate, prevent or take action regarding suspected or actual illegal activities; (3) to enforce our Terms of Use, take precautions against liability, investigate and defend ourselves against any third party claims or allegations, assist government enforcement agencies, or protect the security or integrity of our Website; (4) to exercise or protect the rights, property, or personal safety of Thoughtfully, our users or others; (5) to other companies and organizations for credit fraud protection and risk reduction; and (6) to enforce any agreement we have with you.
  • Business Transfer: As we develop our business, we may buy or sell assets or business offerings.  Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions.  We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.

We fully cooperate with law enforcement agencies in identifying those who use our Website or services for illegal activities.  We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion.  Release of your personal information for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.

Non-Personally Identifiable Information:  We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain services.

Thoughtfully may allow other companies, called third party ad servers or ad networks, to serve advertisements on the Website.  These third party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Website.  They automatically receive your IP address when this happens.  They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content.

Thoughtfully does not provide any personally identifiable information to these third party ad servers or ad networks without your consent.  However, please note that if an advertiser asks Thoughtfully to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach.

You should consult the respective privacy policies of these third party ad servers or ad networks. This Policy does not apply to, and we cannot control the activities of, such advertisers.

How We Protect Your Information

Thoughtfully uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information consistent with industry standards.  For example, we use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure.  We cannot, however, ensure or warrant the security of any information you transmit to Thoughtfully or the Website and you do so at your own risk.  Once we receive your transmission of information, Thoughtfully makes commercially reasonable efforts to ensure the security of our systems.  However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.  While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online.

Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, Thoughtfully will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law.

Links to Other Websites and Social Media

We are not responsible for the practices employed by websites linked to or from our Website nor the information or content contained therein and make no warranty, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination.  Thoughtfully may provide links to other websites to you solely as a convenience, and the inclusion of linked sites does not imply endorsement by Thoughtfully of any of the linked sites.  Please remember that when you use a link to go from our Website to another website, our Policy is no longer in effect.  Your browsing and interaction on any other website, including those that have a link on our Website, is subject to that website’s own rules and policies.  Please read over those rules and policies before proceeding.  We do not ensure the security of your personal information if you visit websites not belonging to Thoughtfully.  We further reserve the right to terminate a link to a third party site at any time.

We sometime use third party social media content we obtain from social media platforms such as Twitter, Pinterest, Facebook and Instagram on our Website.  The privacy policies applicable to these third party social media platforms and sites are not part of our Policy and may differ from the privacy protections described in this Policy.  If you upload content related to Thoughtfully or our products on third party social media platforms or sites that share information with the general public, user community, and/or other third party sites it may be used or shared by us on our Website or our social media platforms to promote our products and services.  You should review the privacy policies of any third party sites before using them to ensure that you understand how your content may be used.  You can adjust your privacy settings on your accounts with these third party sites to match your preferences.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website page, as determined by Thoughtfully in its sole discretion.  We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Policy.

Your Choices, Opting-Out and Reviewing or Making Changes to Your Information

By providing Thoughtfully your email address, you consent to our using the email address to send you Website and service-related notices, including any notices required by law, in lieu of communication by postal mail.  We may also use your email address to send you other messages including, but not limited to, newsletters, payment information, credit card update notifications, account status, legal updates, changes to features of the Website or services, product updates, special offers or promotions, or other account information.  

If you do not want to receive such email messages, you may opt out by:  (1) following the unsubscribe instructions in any of our promotional emails; or (2) sending a written request to the postal or email address set out below.  Opting out may prevent you from receiving email messages regarding updates, improvements, promotions or offers.  You may not opt out of service-related emails. Opting out does not affect our communications with you via telephone or email related to any orders with us nor does it affect our use of your non-personally identifiable information as described in this Policy.  NOTE:  Please allow up to ten (10) business days for us to process your request.  We may continue to send you transactional or operational communications.

You can ask to review, update or make changes to the personal information we maintain about you at any time by sending a written request to the postal or email address set out below, or following the instructions in any promotional email you receive from us.  We may take a reasonable period of time to respond.  If you request the deactivation or change of information on our system, such information may be retained in our backup systems for a period of time subject to technology restrictions, or as a precaution against systems failures.  Some information may be retained for longer periods as required by law, contract or auditing requirements or as otherwise described in this Policy.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Policy on this page.  The date the Policy was last revised is identified at the top of the page.  You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes

IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of our Website that are California residents to request and obtain from us a list of what personal information (if any) we shared with third parties or corporate affiliates for those entities’ direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties.  Requests may be made only once a year and are free of charge.

If you are a California resident and would like a copy of this notice, please submit a written request to the following address: 18011 Mitchell South, Suite B, Irvine, CA, 92614. For all requests, you must put the statement “California Privacy Rights Notice” in the body of your request, as well as your name, street address, city, state, and zip code.  You also need to attest to the fact that you are a California resident and provide a current California address for our response.  Please note that we will not accept requests via telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

California Do Not Track Disclosures

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (DNT) browser settings.  DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies.  We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed.  We continue to review new technologies and may adopt a DNT standard once one is created.  For information about DNT, please visit: www.allaboutdnt.org.

Contact Us

If you have any questions about this Policy, the practices of this Website, your dealings with this Website, or wish to update us with your preferences, you may contact us using one of the following methods:

  • Email: [email protected]
  • Send mail to: 18011 Mitchell South, Suite B, Irvine, CA, 92614