Privacy policy

This privacy policy (“Policy”) describes how OMYGelato.com (“Website”), owned and operated by O’MY Foods, LLC,  (“Website Operator”, “we”, “us” or “our”) collects, protects and uses information you (“User”, “you”) provide to us. It also describes the    It also describes the choices available to you regarding our use of your Information and how you can access and update this information. This Policy does not apply to the practices of companies that we do not own or control, such as Third Parties (described below) or to individuals that we do not employ or manage.

Collection of Information

We collect several types of information from and you, including:

Information by which you may be personally identified, such as name, postal address, e-mail address, telephone number or any other identifier by which you may be contacted or identified (“personal information”); Information about your Internet connection such as the equipment you use to access the Website and usage details; and other Information about you but that does not Identify you (“non personal Information”).

We collect this information directly from you when you provide it to us and automatically as you navigate through the Website.  Information collected automatically may include usage details, IP addresses, and information collected through cookies.

You can visit the Website without providing personal information. If, however, you wish to use some of the Website’s features, you may be asked to provide certain personal information, (for example, your name and e-mail address). You can choose not to provide us with your personal information, but then you may not be able to take advantage of some of the Website’s features. We receive and store such personal information you knowingly provide to us when you fill any online forms, send us an email, register to receive information or newsletters from us, or otherwise interact with the Website.   Users who are uncertain about what information is mandatory are welcome to contact us.

Storing personal information

We will retain and use your personal information for the period necessary to comply with our legal obligations, resolve

disputes, and enforce our agreements unless a longer retention period is required or permitted by law.  

Use of information we collect

We use information that we collect and that you provide to us (including personal information) to:

  • Respond to inquiries and offer support
  • Request user feedback
  • Administer prize draws and competitions
  • Run and operate our Website and Services
  • Provide you with information, products, or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Notify you about changes to our Website or any products or services we offer or provide though it.
  • Allow you to participate in any interactive features on our Website.
  • In any other way we may describe when you provide the information and for any other purpose with your consent.

Disclosure of collected information

We may disclose aggregated information about you and information that does not identify you without restriction. We may disclose personal information that we collect or you provide as described in this Privacy Policy:

  • To our subsidiaries and affiliates;
  • To contractors, service providers, and other third parties we use to support our business, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
  • To a buyer or other successor in the event of a merger, dissolution, restructuring, or other sale or transfer of some or all of our assets, in which such information held by us about our Website users is among the assets transferred;
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information or with your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of service.
  • To protect the rights, property, or safety of us or our customers, or others.

Third Party Links

Our Website contains links to other websites that are not owned or controlled by us (“Third Party Links”). Specifically, we have partnered with Mailchimp.com in order to provide you with newsletters and other communications.  Please be aware that we are not responsible for the privacy practices or policies of any Third Parties and encourage you to be aware when you leave our Website and to read the privacy statements of each and every Third Party Link.  Mailchimp’s privacy policy can be found at  https://mailchimp.com/legal/privacy/ and its terms of services can be found at https://mailchimp.com/legal/terms.

Choices about how we use your Information

We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Promotional Offers from Us:  If you do not wish to have us contact you about our own promotional offers you can opt out by sending us an email stating your request to [email protected] If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. We do not currently use your personal Information to send offers from third parties or promotional partners.

The Website uses “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical purposes to operate our Website and Services. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you will not be able to use and experience the features of the Website and Services. To learn more about cookies and how to manage them, visit internetcookies.org

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time.  We are not yet set up to interpret or respond to Do Not Track signals communicated by your browser.  

Accessing your Information

You may send us an email at [email protected] 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 information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

If you are a California resident, the California Consumer Protection Act (“CCPA”) may provide you with additional rights regarding our use of your personal information.  

You have the right to:

  • Know the categories of personal information collected about you and its sources and business purpose;
  • Know whether your personal information is sold or disclosed, and to whom;
  • Opt out of the sale of your personal information (if applicable);
  • Access and then delete your personal information; and
  • Equal service and price (non-discrimination) if you exercise your privacy rights.

Under the CCPA, “personal information” includes information that identifies, relates to, describes, or is capable of being associated with a particular consumer or household. This includes (among other types of personal Information) IP addresses, geolocation data, biometric information, and “unique identifiers” such as device and cookie IDs, internet activity information like browsing history, commercial information such as products or services purchased or consuming histories or tendencies, and characteristics concerning an individual’s race, color, sex (including pregnancy, childbirth, and related medical conditions), age (40 or older), religion, genetic information, sexual orientation, political affiliation, national origin, disability or citizenship status. Inferences drawn from personal Information “to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes” are also considered “Personal Information.”

To exercise your rights described above, please submit a request to us by either sending an email to us at [email protected] or calling 804.461.1567. Please include your name, email address, state of residence and zip code.  You may only make a request for access or for your information to be sent in a portable format up to two times in a twelve-12-month period. NOTE:  The CCPA continues to evolve as of the effective date of this policy, which is subject to change. Such changes may require us to accept or decline your request for your information.

We will respond to your request within forty-five (45) days of receipt and if we need more time, we will inform you of the reason and extension period in writing. We will deliver our written response electronically to the email address provided. Any disclosures we provide will only cover the 12-month period preceding the request’s receipt. If applicable, the response we provide will also explain the reasons we cannot comply with a request. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your 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.

Privacy of children

We do not knowingly collect any personal from children under the age of 13. If you are under the age of 13, please do not submit personal Information through our Website Third Party Links. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal Information.

If you have reason to believe that a child under the age of 13 has provided such Information to us, please contact us. You must also be old enough to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).

Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your personal information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.

Data breach

In the event we become aware that the security of the Website has been compromised or your personal information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will send you an email.

Changes to the policy

We will post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the mail address specified in your account and through a notice on the Website. The date the Privacy 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.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may do so via the contact form.

This document was last updated on April 20, 2020