Last Updated: October 4, 2019
We encourage you to take a moment and read this Policy which explains how that information is used, whether it is disclosed to third parties, how it is safeguarded, and the choices you have regarding the data we collect. Whenever you use or access the Sites or otherwise interact with us by purchasing products, you agree to the terms of this Policy.
Tony Luke’s reserves the right to change or modify this Policy at any time and in our sole discretion. If we make changes to this Policy, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of this Policy.
Our Commitment to Your Privacy and Security
Your privacy is important to us. Tony Luke’s respects our customers and understands their concerns about the use and security of personal information.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you register for a Tony Luke’s account, sign up for a subscription, participate in any interactive features of the Sites, subscribe to a newsletter or email list, participate in a survey, contest, promotion or event, order or purchase (either for yourself or for another person) products made available through the Sites (collectively, the “Products”), apply for a job, communicate with us via third party social media sites, request customer support or otherwise communicate with us.
The types of information we may collect from you include:
(a) Account Information, such as your name, home address, email address, password, postal address, phone number, subscription, delivery, payment information when you make a purchase (online, over the phone or through the mail), dietary preferences and any other information you choose to provide;
(b) Transaction Information, such as information about the Products you purchase (current and past), shipping and delivery information and information related to returns, refunds and cancellations. We may also collect and store payment information from you, such as payment card type and expiration date and the last four digits of your payment card number; however, we do not collect or store full payment card numbers and all transactions are processed by our third party payment processor.
(c) Information about Others, such as the names and email addresses of gift recipients when you purchase gifts through the Sites or invite friends or family to try the Sites or Products.
(d) Other Information You Choose to Provide, such as when you participate in a survey, contest, promotion or interactive area of the Sites or when you request technical or customer support.
Information We Collect Automatically
When you access or use the Sites, the types of information we may automatically collect about you include:
(a) Log Information: When you visit the Sites, our servers automatically record certain log file information, such as your Internet Protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Sites.
(b) Mobile Device Information: We collect information about the mobile device you use to access or use the Sites, including the hardware model, operating system and version, unique device identifiers, mobile network information and information about your use of our mobile applications. With your consent, we may also collect information about the location of your device and access and collect information from certain native applications on your device (such as your device’s camera, photo album and phonebook applications) to facilitate your use of certain features of the Sites. For more information about how you can control the collection of location information and/or our access to other applications on your device, please see “Your Choices” below.
(c) Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various tracking technologies, including cookies and web beacons, to collect information about you when you interact with our Sites, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Sites and your experience, see which areas and features of the Sites are popular, and count visits. Web beacons are electronic images that may be used in the Sites or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
Information We Collect From Other Sources
We may also obtain information about you from other sources and combine that with information we collect directly. For example, we may collect information about you when you post content to our pages or feeds on third party social media sites, including any posts, pictures, videos and messages which you use either via our social media sites (including by use of hashtags associated with us) or if you use credentials (e.g., username and password) from a third party site to create or log into your Tony Luke’s account.
Use of Information
We may use information about you for various purposes, including to:
(a) Provide, maintain and improve the Sites and Products;
(b) Manage your account and send you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages;
(c) Respond to your comments, questions and requests and provide customer service;
(d) Communicate with you about the Sites, Products, recipes, services, offers, surveys, events and other news and information we think may be of interest to you;
(e) Monitor and analyze trends, usage and activities in connection with the Sites;
(f) Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Tony Luke’s and others;
(g) Personalize and improve the Sites and provide advertisements, content and features that match your profile or interests;
(h) Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
(i) Link or combine with information we get from others to help understand your needs and provide you with a better experience; and
(j) Carry out any other purpose for which the information was collected.
As part of your business relationship with Tony Luke’s, you will be asked to supply us with your postal address and/or phone number. Regardless of whether this is a wired or wireless phone number or whether this number is listed on the Do-Not-Call Registry, you may consent to being contacted by Tony Luke’s (and/or its designated agents) at this number, for any purpose (including sales, marketing, and promotional offers) and by any means (including autodialed or prerecorded voice calls and text messages made with an automatic telephone dialing system). In this regard, you specifically acknowledge and understand that you may incur, and will bear sole responsibility for, charges related to these incoming calls or messages. Your consent to be contacted is not a condition of purchasing goods and services from Tony Luke’s. You may always opt out and withdraw your consent.
Sharing of Information
We do not sell, rent, or share your information to or with any third party not affiliated with or owned by Tony Luke’s except: a) service providers who may assist us in areas such as data storage and processing credit card payments; b) certain third-parties who offer their products and services on our Site and as follows:
(c) When you participate in the interactive areas of the Sites or interact with us on third party social media sites, certain information that you provide may be displayed publicly, such as your name, photos and other information you choose to provide;
(d) In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process;
(e) If we believe your actions are inconsistent with our other policies, or to protect the rights, property or safety of Tony Luke’s or others;
(f) In connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing;
(g) Between and among Tony Luke’s, its related owners and any current or future parent, subsidiary and/or affiliated company; and
(h) With your consent or at your direction.
We also may share aggregated or de-identified information, which cannot reasonably be used to identify you.
Social Sharing Features
The Sites may offer social sharing features and other integrated tools, such as the Facebook, Twitter and Pinterest buttons (e.g., “Like,” “Tweet” and “Pin It”), which let you share actions you take on the Sites with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Cross-border Transfer of Data
Tony Luke’s is based in the United States, and the information we collect is governed by U.S. law. The laws in the United States regarding personal information may be different from the laws of other countries. Any related data transfers will comply with safeguards as required by relevant law. By using the Sites, you consent to the collection, international transfer, storage, and processing of your data.
Information for individuals outside the United States of America
At this time, we do not accept orders from individuals outside the United States of America. In the event individuals from outside the United States of America do interact with the Sites and provide personal data to us, such individuals consent to us collecting, transferring, storing and processing such data, in the United States or any other country in which we or our affiliates or subcontractors maintain facilities.
Advertising and Analytics Services Provided by Others
Customized Ad Campaigns
We may also work with third party social media sites, such as Facebook, to serve ads to you as part of a customized campaign, unless you notify us that you prefer not to have information about you used in this way. For more information about how you can opt out of customized campaigns, please see “Your Choices” below.
Tony Luke’s takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. In particular, email sent to or from the Sites may not be secure, and you should therefore take special care in deciding what information you send to us via email.
You may update, correct or modify information about you at any time by logging into your online account or by emailing us at help@TonyLukes.com. If you wish to deactivate your account, please email us at help@TonyLukes.com but note we may continue to store information about you as required by law or for legitimate business purposes.
With your consent, we may collect information about your actual location when you use our mobile applications. You may stop the collection of this information at any time by changing the settings on your mobile device, but note that some features of our mobile applications may no longer function if you do so.
Native Applications on Mobile Device
Some features of our mobile applications may require access to certain native applications on your mobile device, such as the camera and photo storage applications (e.g., to take and upload photos) and the phonebook application (e.g., to send invitations to your contacts to try the Sites or Products). If you decide to use these features, we will ask you for your consent prior to accessing the applications and collecting information. Note that you can revoke your consent at any time by changing the settings on your device.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Sites.
You may opt out of receiving our ads as part of a customized campaign conducted on third party social media sites, such as Facebook, by emailing us at help@TonyLukes.com.
You may opt out of receiving promotional communications from us by following the instructions in those communications or by emailing us at help@TonyLukes.com. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device or within our mobile applications.
Upon your request, we will: (a) correct or update your personal information; (b) stop sending emails to your email address (this may take up to ten (10) days to occur); and/or (c) disable your account to prevent any future purchases through that account. You can make these requests by emailing your request to Tony Luke’s Customer Service at help@TonyLukes.com. Please clearly label the subject line "Opt Out / Corrections," and do not email your credit-card number or other sensitive information.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Tony Luke’s offerings, your participation in a promotion and to respond to any inquiry or request made by you, as applicable. To opt-out of receiving Tony Luke’s offerings-related, promotions-related and inquiry response-related messages from Tony Luke’s, you must cease requesting and/or utilizing the Tony Luke’s offerings, cease participating in the promotions and cease submitting inquiries to Tony Luke’s, as applicable.
Children Under 13
Our Sites are not intended for use by individuals under age 13. If a child under age 13 has provided us with personal information without parental or guardian consent, the parent or guardian should contact us to remove the information and opt out of promotional opportunities.
California Consumer Privacy Act of 2018 (“CCPA”)
Residents of the State of California have the right to request information regarding third parties to whom the Company has disclosed certain categories of personal information during the preceding year for the third parties' direct marketing purposes.
California Deletion Request Rights
Residents of California have the right to request that the Company delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
1. 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.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. 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.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending the request to:
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an 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 or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. 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 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.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
If you are a California resident and would like to make such a request, please email us at help@TonyLukes.com or by writing to us at Tony Luke’s Licensing, LLC, 1701 South 4th Street, Philadelphia, PA 19148, Attention: Management.
Questions and Feedback
We welcome your questions, comments and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue at help@TonyLukes.com.
If you have any questions about this Policy, please contact us at either help@TonyLukes.com or Tony Luke’s Licensing, LLC, 1701 South 4th Street, Philadelphia, PA 19148, Attention: Management.