Privacy Policy

 GENERAL SCOPE

 

1.1 Our Commitment to Privacy.  Your privacy is very important to us. Part of our operation of this website involves the collection and use of information about you. This privacy policy explains what type of information we collect and what we do with that information to allow you to make choices about the way your information is collected and used. 

1.2 Acceptance of Spectrum’s Privacy Policy. This website (“Site”) is owned and operated by The Chocolate Walrus, LLC (“The Chocolate Walrus/We/Us”). Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site, and your agreement to be bound by the terms and conditions of this Privacy Policy, which may apply to specific sections of the Site or to permissible transactions available on the Site, as well as Spectrum’s Terms of Service.

 

18 YEARS OR OLDER ONLY 

 

2.1 18 Years Old or Older to Access. This Site is not intended or directed to anyone under the age of 18. We do not sell or ship any items ordered through this Site directly to anyone who we know to be under the age of 18, nor do we collect any personal information from anyone who we know to be under the age of 18. For this reason, our Site requires that you acknowledge and confirm that you are 18 years or older before entering the Site.

2.2 Representations and Warranties by You. By accessing, or using in any manner, the Site, you represent and warrant that:

  • You are 18 years old or older.
  • The services you access, the information you view, and the products you order are not in any way unlawful in your state, province, country, municipality, or other jurisdiction.
  • You consent to view sexually explicit material.
  • By consenting to view sexually explicit material, you waive any future right to take legal action against Spectrum, or its affiliates, arising out of or related to your accessing of this material material within the Site, including any forums within the Site.
  • You agree not to distribute information you receive from the Site to those under the age of 18 years old or those who would be violating the law by accessing such material in their jurisdiction.

  

INFORMATION COLLECTED

 

3.1 Types of Personal Information Collected.  We collect personally identifiable information only for providing the services you request, generating statistical studies, conducting marketing research, improving products and services, sending you surveys, and notifying you of new products and any other changes to our site or services that may affect you. When you submit personally identifiable information to us, you understand that you are agreeing to allow us to access, store, and use that information for those purposes. During your use of the Site, we may collect the following types of information:

  • Name, physical address, telephone number and e-mail address
  • Date of birth / age
  • Credit/Debit Card Number
  • Network Information (location, connection, etc.)
  • Device Information (mobile phone, model, make, etc.)
  • Preferences (language and location)

3.2 Third-Party Collection.  You understand and agree that your personal information and data may be collected by third parties for purposes of completing transactions for the sale of products or services.  You acknowledge that the third parties including the seller of any such product or service or the third-party payment processing vendor is not bound to treat your personal data in accordance with this Privacy Policy and that Spectrum shall not be responsible or liable for the actions of these third parties with respect to your personal data.

3.3 Automatic Information Collected. When you visit our Site, we may collect certain technical and routing information about your computer. For example, we may log data such as browser type, operating system and CPU speed, and the Internet Protocol (IP) address of your originating Internet Service Provider, to try to bring you the best possible service. We may also record search requests and results to try to ensure the accuracy and efficiency of our search engine. We may use your IP address to track your use of the Site, including pages visited and the time spent on each page. We may collect this information and use it to measure the use of this Site and to improve its content and performance. All of the information that is automatically submitted to us by your browser is considered anonymous information. To the extent we share such information with third parties, it is not traceable to any particular user and will not be used to contact you.

3.4 Cookies. Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our Site, we may collect information from you automatically through cookies or similar technology. Our Site uses Cookies so that we recognize you on our Site and are able to recall previously used settings and preferences. These may include, but are not limited to, language preferences and locations. You can set your browser preferences to not accept Cookies or can manually remove them on your computer or device. However, in a few cases, some of our Site features may not function as a result.

3.5 How Information Is Used.  We may use and share with third parties the following information collected when you access the Site as follows:

  • Product Fulfillment and Delivery of Services
    • Fulfillment and management of purchases, orders, payments and returns or exchanges
    • Respond to requests for information including product, service and content information included on the Site
    • Complete a transaction with an age-restriction
    • Ensure users remain “signed-in” for certain user account and Site features
  • Marketing Purposes
    • Deliver newsletters, e-mails and social media notices
    • To complete marketing research to refine and improve the content offered, user experience and products or services made available on the Site
    • To identify how users utilize the Site 
    • Provide for interactive features of the Site, mobile applications or related items
  • Internal and Operational Purposes
    • Complete research and analysis including surveys, focus groups and statistics regarding Site usage and statistics, preferences, etc. 
    • Improve Site effectiveness and user experience
    • To complete a sale of the Spectrum business
  • Legal Compliance
    • Prevention of fraud, theft or other conduct necessary to protect users and Spectrum’s business operations
    • Dissemination of product recall information
    • Assist law enforcement and/or respond to legal or regulatory demands or inquires
  • At Your Request
    • Upon written request by you, we may share with third parties certain personal information that has been collected

3.6 Failure to Provide Necessary Information. If you fail to provide certain information that is reasonably necessary to permit access to the Site, or portions thereof, or is required to complete a transaction, we may not be able to provide the requested access or complete the transaction.

  

ANONYMOUS SHIPPING AND DISCREET BILLING

4.1 Shipping Label.  As a courtesy, only, Spectrum’s products are shipped with the label “TCW” on the return address to be as discreet as possible; however, we cannot guarantee that all orders will be anonymous or that the sender identified will not be recognizable to third parties.

4.2 Discreet Billing.  Our effort to assist you in maintaining your privacy extends to your credit card statement. Specifically, Spectrum will self-identify as the merchant name “TCW”  Please note that Spectrum is not responsible for third-party payment vendors and/or credit card processors misidentification of the merchant or disclosure of same by third parties.

   

SECURITY

5.1 Security / Firewall. We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the personally identifiable information provided by our users. We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur.

 

PRIVACY POLICY INQUIRIES, OBJECTIONS AND MODIFICATIONS 

6.1 Inquiries.  If you have any questions about our Privacy Policy, the data we hold on you, or you would like to exercise one of your data protection rights (including the right to access data, request for erasure, restrictor object to processing, or request data sharing), please do not hesitate to contact us by sending us an email at info@thechocolatewalrus.com and indicating in the subject line “Privacy Policy Question(s)”.

6.2 Opt-Out Policy. If at any time you do not wish to receive offers or e-mails from us, we ask that you simply let us know in writing.  You may remove your name from our mailing list by sending us an e-mail addressed to info@thechocolatewalrus.com and indicating in the subject line “No Offers or E-Mail”.  If you object to or disagree with the terms of this Privacy Policy and wish not to be bound by the same, then you may, as your sole remedy, cease using the Site.

6.3 Modifications and Updates. We keep our Privacy Policy under review and may, occasionally, make modifications and updates to it.  Please make sure to check back often as Privacy Policy modifications and updates will be made on this page.