Privacy Notice (USA)

Last Updated: 05/20/2024

Awake Corporation respects your privacy and is committed to protecting your personal information. This Privacy Notice (this “Notice”) provides United States persons with information about our personal information collection, use, and disclosure practices, as well as information about your privacy rights and choices.

This Notice is provided to United States visitors to the Awake-operated websites that link to this Notice, including our webstore located at www.awakechocolate.com (which we refer to in these Site Terms as the “site”, which includes all content, functionality, and services offered on or through the site). This Notice is a part of our Site Terms, and is incorporated therein by reference. 

References to “Awake,” “us,” “we,” or “our” in this Notice refer to Awake Corporation, and references to “you” and “your” refer to you as a visitor to and user of the site and/or as the party whose personal information we may collect and use in accordance with this Notice.

1. ACCEPTANCE OF AND CHANGES TO THIS NOTICE

Your use of the site, and all communications between you and us, are subject to this Notice. YOU SHOULD READ THIS NOTICE COMPLETELY AND CAREFULLY BEFORE USING THE SITE AND/OR PROVIDING US WITH ANY INFORMATION, PARTICULARLY PERSONAL INFORMATION. By using the site in any way, including browsing, creating an account, expressing an interest in any products, and/or using any interactive site tools, or by otherwise providing us with any personal information, you acknowledge that you have read, understood, and agreed to be bound by this Notice. 

Because of changes in technology and practices, this Notice may change from time to time. We will post any changes we make to this Notice on this page, and we will provide you notice of such changes if and when required by applicable law. Any changes will be effective when the updated Notice is posted. 

It is your responsibility to check this Notice for updates. You will be able to determine when the Notice was last updated by referring to the “Last Updated” legend at the top. By using the site and/or providing us with any personal information after we post any changes to this Notice, you agree to accept those changes, whether or not you have taken the time to review them.

2. APPLICABILITY OF THIS NOTICE

This Notice covers the personal information collected and used by Awake as follows:

  • Personal information that we collect from you when you visit and use our site;
  • Personal information that you submit to us through the site, including through any “Contact Us” or similar feature; 
  • Personal information that you submit to us when you contact us by telephone or email;
  • Personal information that you submit to us when you sign up for our newsletter or similar communications;
  • Personal information that you or others provide to us when you sign up for, register for, pay for, and/or participate in any event that we sponsor or co-sponsor; and
  • Personal information that you provide to us when you purchase products through our site.

A Note About Payment Card Information

We use a third party vendor, Shopify, a payments provider who is Payment Card Industry – Data Security Standard compliant, to facilitate and process payments through the site. Accordingly, when you submit payment for products on our site, your payment will be processed by Shopify Payments, and your interactions with the Shopify Payments platform will be governed by Shopify’s terms and conditions and privacy policy. Please visit the Shopify website, accessible here, for more information. By making any payment using the site, you understand that that interaction is governed by the Shopify privacy notice, and not by this privacy notice.

A Note About Children

You must be at least 18 years old to purchase our products. Accordingly, neither our site nor our products are targeted to, and we have no interest in collecting information from, anyone under 18, which includes children under the age of 13. We do not knowingly gather any personal information from children. If you are a parent or legal guardian who believes that your child has provided us with any personal information, please contact us at info@awakechocolate.com and mark your inquiry “COPPA Information Request.”

3. THE PERSONAL INFORMATION WE COLLECT

Personal information means any information about an individual that can be used to identify that individual. Personal information does not include anonymous or anonymized information that cannot be used to identify a specific person.

Below are the types of personal information we collect.

  1. Identification and Contact Information, which includes information that identifies you as an individual and information that allows us to contact you, including your name (first and last), email address, phone number, and street/delivery address. We will collect this information if and when you create an account on the site, make a purchase, sign up for our newsletter, or otherwise contact us through the site.
  2. Transaction Information, which includes payment card information (processed via our payment vendor) and details about products you have purchased from us. This may also include information about your interests, preferences, reviews, and other feedback you provide to us.
  3. Location Information, which includes information such as your ZIP code or address collected when you submit a request to find a local retailer of our products.
  4. Device and Browsing Information, which includes internet protocol (IP) address, login data, browser type and version, time and location settings, browser plug-in types and versions, operating system, platform, and other technology on the device(s) you use to access our site. This information is collected automatically through our analytics services and providers.
  5. User Submissions, which includes any personal information you submit to us or include in any public space (including on any social media sites) or any product reviews or feedback, as well as personal information submitted in connection with contests, sweepstakes, or other promotional events. Personal information in this category will depend on the nature of the user submission, but may include identification and contact information, as well as demographic information such as gender and age.
  6. Other Information, which includes any information you voluntarily provide when you interact with us through the site, such as through a “Contact Us” or similar feature.

We also collect, use, and disclose “Aggregated Data,” such as statistical or demographic information. Aggregated Data may be derived from personal information, but it is not considered personal information because it does not directly or indirectly reveal your identity. For example, we may aggregate site usage data to calculate the percentage of site users accessing a specific site feature. However, if we ever do combine or connect Aggregated Data with other personal information such that it could directly or indirectly identify you, we will treat the combined data as personal information in accordance with this Notice.

4. HOW WE COLLECT PERSONAL INFORMATION; SOURCES OF PERSONAL INFORMATION

We use different methods to collect personal information from and about you, including as follows: 

  1. Direct Interactions. From time to time, you may provide us with your personal information by filling in forms or by corresponding with us by mail, email, telephone, social media, or otherwise. This includes personal information you provide when you:
  • Purchase our products on the site, or express an interest in our products;
  • Create an account on our site;
  • Subscribe to our newsletter or other publications;
  • Request that marketing or other materials be sent to you;
  • Enter a competition, promotion, or survey;
  • Sign up for, register for, pay for, and/or attend any event that we sponsor or co-sponsor;
  • Create and share content with us through third-party social networks, such as by commenting on our social media pages; 
  • Provide us with feedback; and
  • Otherwise contact or communicate with us for any reason.
  1. Automated Technologies and Interactions. As you interact with our site, we may automatically collect certain data, such as information about the equipment used to access the site and your browsing actions and patterns. We collect this information using cookies, server logs, and other similar technologies. We may also receive this information about you if you visit other websites employing our cookies. Please see below for more information about how and why we use cookies.
  2. Other Third Parties or Publicly Available Sources. We may receive personal information about you from various third parties and public sources, such as advertising networks, analytics providers (such as Google), and identity verification service providers. 
  3. Consumer Generated Sources and Third Party Social Network Data. We will have access to any content that you create and then share with us on third party social networks or by uploading it to our site, including the use of third party social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content. In addition, we may collect information that you share publicly on a third party social network or information that is part of your profile on a third party social network and that you allow the third party social network to share with us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share.

5. HOW WE USE YOUR PERSONAL INFORMATION

We use the personal information we collect for the following business and commercial purposes:

  1. Providing the Site and Related Content. We use personal information to provide you with the site and related content, such as to create, maintain, customize, and secure user accounts, to provide you with newsletters and other site information, as well as to respond to questions and requests made through the site.
  2. Processing and Fulfilling Orders. We will use your personal information as necessary to complete any orders for products placed through the site, notify you regarding order status, and to perform any related customer service.
  3. Marketing and Promotional Efforts. Subject to rights to opt out and applicable law, we may use personal information to send you promotional materials and to provide you with targeted offers and information about additional opportunities related to the site. We will also use personal information to coordinate participation in events, promotions, and surveys we may offer from time to time and to engage in other promotional efforts.
  4. Analytics and Site Improvements. We use personal information to maintain and improve the quality of the site and our user experiences, to understand site traffic, usage patterns, and user behavior, to provide technical support to administer the site, and to provide, support, personalize, develop, and improve our site, products, and services. 
  5. Legal Matters. We may use personal information as necessary to respond to law enforcement requests and as required by applicable law, court order, or governmental regulation, as well as to enforce our rights and remedies and defend against legal claims.
  6. Security. We may use personal information for safety and security purposes, including detecting, preventing, and responding to fraud, intellectual property infringement, violations of the site’s terms of use or other policies, violations, of law or other misuse of the site, and to otherwise maintain and improve the safety, security, and integrity of our site and our business.
  7. Business Transactions. We may also use personal information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets in which personal information is among the assets transferred or is otherwise material to the transaction.

We will only use your personal information for the purposes disclosed in this Notice or in any supplemental notice provided to you at or prior to our collection of that personal information, or for any reasonably compatible purpose, and subject to limitations and requirements of applicable law. If we need to use your personal information for any unrelated purpose, we will notify you and, if required by law to do so, will obtain your consent.

6. WHEN AND WHY WE DISCLOSE PERSONAL INFORMATION TO OTHERS

We may disclose personal information as follows:

  • Service Providers. We may disclose personal information to our service providers and contractors in the ordinary course of our business relationship with those parties. This may include parties who provide us with IT and system administration services, parties who provide identity verification services, parties who process credit cards and payments, and other parties who manage shipping and deliveries, manage and service our site, assist with email distribution, provide research and analysis services, manage brand and product promotions, run and manage sponsored events, and/or administer certain site or product features. We may also disclose personal information to other service providers who act as professional advisors to us, including lawyers, bankers, accountants, insurers, and others who provide similar services. We provide our service providers only with the information that they need to perform their respective services, and work with them to respect and protect your privacy. 
    1. Marketing Partners. We may share your information with third parties who work with us on promotional events, and/or so that we or others may provide you with periodic mailings, or may contact you via e-mail, regarding products, services, or events. If you do not wish for us to share your information in this manner, you can contact us at info@awakechocolate.com to opt out. 
    2. Analytics Providers. We share personal information with data analytics platforms, to compile statistics and evaluate and perform analytics and site improvements.
    3. Business Transactions. We may share information in connection with, during negotiations of, or as a part of the closing of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company, whether as a going concern or as part of bankruptcy, litigation or similar proceeding, in which personal information about the users of our site is among the assets transferred.
    4. Other Disclosures. We will share personal Information if we believe that such action is appropriate to (1) comply with law, regulations, legal process or governmental request, (2) enforce any terms of use applicable to the site, including potential violations, (3) detect, prevent or otherwise address fraud, security or technical issues, or (4) otherwise protect the rights, property or personal safety of us, our employees, site users or others.

    We do not sell, rent, or lease the personal information we collect about you through the site to anyone for any purpose, other than as disclosed or with your consent.

    7. COOKIES

    When you use the site, we may store some information on your computer in the form of a “cookie” or similar file. “Cookies” are small data text files that are either used for the duration of a session (“session cookies”) or saved on a user’s hard drive (“persistent cookies”). Session cookies identify users logging onto the site, and these cookies are deleted from the user’s server soon after the session ends and are not collected or saved. Persistent cookies will be saved on your server, and will recognize you when you return to the site, store user preferences, and analyze user behavior. Like other automatically collected data, information collected through cookies is not used to personally identify you. We use this information to enable site features and provide a more personalized site experience, for analytics purposes, for marketing purposes, and to understand how users navigate and use our site, to identify and fix errors, and to enable and support security features, prevent fraud, and protect our site.

    Most web browsers automatically accept cookies, but you can usually change your browser’s settings to prevent that or to notify you when a cookie is being placed on your browser. Because each browser is different, you should look at your browser’s “Help” menu to learn how to modify these settings. If you do disable cookies this may make your experiences on the site less efficient.

    8. EMAIL TRACKING; DO NOT TRACK

    When corresponding with you via HTML-capable email, we may use “format sensing” technology, which allows pixel tags to let us know whether you received or opened our email. We may also use unique hyperlinks in emails we send to you, which we use to see whether emails have been opened and responded to.

    Currently, certain browsers, including Firefox, Google Chrome, Safari, and Internet Edge, offer a “do not track” (DNT) option. This option, using a technology known as a DNT header, sends a signal to websites visited by a user about the user’s DNT preference, if any, set on the browser. If you activate DNT, we cannot currently commit to responding to your browser’s DNT signals, because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators.

    9. HOW LONG WE RETAIN PERSONAL INFORMATION

    We will only retain your personal information for as long as necessary to fulfil the purpose(s) for which it was collected, including to satisfy any legal, accounting, or reporting requirements.

    To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

    10. SECURITY

    We have put in place appropriate security measures to prevent your personal information from being accidentally lost, altered, or used, disclosed, or accessed in an unauthorized way. In addition, we limit access to your personal information to those employees, agents, service providers, contractors, and other third parties who have a business need to know that information, who are only authorized to process your personal information on our instruction, and are subject to confidentiality obligations.

    We have put in place procedures to address any suspected or actual personal information breach, and will comply with applicable laws relating to notification of and response to any personal information breaches or other security incidents.

    Unfortunately, the transmission of information via the internet is not always completely secure despite our reasonable efforts. While we will reasonably protect your personal information, we do not guarantee the security of your data transmitted over the internet; any such transmission, including via our site, is at your own risk and when we receive your information it will be kept in a secure environment protected by a combination of physical and technical measures such as encryption technologies or authentication systems to prevent any loss, misuse, alteration, disclosure, destruction, theft or unauthorized access.

    11. THIRD PARTY SITES AND SOCIAL SHARING FEATURES

    Our site may include links to other websites. We do not control the privacy practices of any third parties, and if you submit personal information to any of those sites, their collection and use of your information is governed by their privacy policies, which differ from ours. We encourage you to carefully read the privacy notice of any website you visit.

    Our site may offer social network and similar sharing features, such as Facebook, X (Twitter), YouTube, Instagram, and similar buttons, which let you share information related to the site through your preferred social media platforms. If you permit a connection between our site and your social network page(s), we (and the social network) may be able to identify you, and associate the information we (and they) receive with information we (and they) already have about you. In addition, depending on how you use those features and your settings with the social network provider(s), the information you share to your social network pages will be available to others, including your friends and/or the public. For more information about how your information may be shared through those social networks once it is provided to them, you should review the privacy policies of those social networks.

    12. YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

    If you are located in the United States, you have the rights described below regarding our collection and use of your personal information. These rights are subject to certain limitations and exceptions under applicable law.

      1. Providing Personal information is Your Choice. You can browse our site without providing us with any personal information, other than browsing data (which we will not attempt to link with other personal information). However, if you choose to use our site to engage with us, such as by creating an account, or if you choose to conduct business with or otherwise interact with us, you will be required to provide us with the personal information necessary to facilitate that interaction or transaction. If you do not want to provide us with personal information, we may not be able to conduct business with you or provide you with requested information.
      2. You Have the Right to Opt Out of Certain Communications. You can ask us to stop sending you marketing and other promotional materials at any time by following the opt-out links in the applicable messages, or by contacting us at any time at info@awakechocolate.com. Please note that when you opt out of marketing messages, we may still need to contact you regarding outstanding orders, product purchases, your product experience, as required by law, or regarding legal matters. However, we will not send you marketing communications after you have opted out of receiving them.
      3. You Have the Right to Access Your Personal information. You have the right to confirm whether we are processing your personal information and, if so, to access information about the specific items of personal information we have collected about you. If you request a copy of your personal information, you have the right to receive it in a portable and, to the extent technically feasible, readily-usable format that allows you to transmit the data to another party without undue difficulty.
      4. You Have the Right to Correct Your Personal information. If you believe any personal information we have about you is incorrect, you can contact us at any time at info@awakechocolate.com to request that we make the appropriate edits to correct that data. In addition, if you have an account on our site, you may be able to update certain of your account details directly through the site.
      5. You Have the Right to Request Deletion of Your Personal information. As noted above, we have standard retention practices with respect to the personal information we collect. If you would like to request any earlier deletion of your personal information, you may contact us at info@awakechocolate.com with this request. Please note that we may not be able to completely remove personal information in certain circumstances. This will be true if the data is not in a searchable format, or if it is retained in backup systems or in cached or archived pages. We also may not be able to delete personal information to the extent it is necessary to conduct active and ongoing business with you, if we are required by law to retain it, or keeping the data it is necessary to comply with our legal obligations, resolve disputes, prevent fraud or future abuse, or otherwise enforce our rights. 
      6. You Have the Right to Opt Out of Targeted Advertising. As noted above, we use third party advertising companies to deliver and display ads tailored to you based on how you interact with our site, a practice known as interest-based advertising or behavioral advertising. You have the right to opt out of having your personal information used for this purpose. To exercise this right, you can set your cookies preferences on your device or contact us at info@awakechocolate.com.
      7. Limitations. Each of the rights set forth above may be subject to certain limitations as set forth in applicable law. Your rights may depend on your state of residence, as different states have adopted privacy laws that provide for specific rights and remedies applicable solely to residents of such states. 
      8. Contacting Us. To exercise any of the above rights, or if you have any questions regarding our practices regarding personal information, please contact us at info@awakechocolate.com. You can also call us at (800) 513-0185, or write to us at PO Box 34810, Parma, OH 44134.

    Please note that we may be required to request information from you to verify your identity in connection with any such request, as a security measure to ensure that your personal information is not disclosed to any person who has no right to receive it. If you make any request to exercise your rights, we will respond within the time period required by law (or if no time period is required, within a reasonable period of time). If we are unable to comply with your request, we will inform you of this. If you do not agree with any action we have taken following a request to exercise your rights, or otherwise object to our handing of your personal information, you may have the right to appeal or to raise your objection with your state’s regulatory authority. We would, however, appreciate the opportunity to address your concerns directly before you approach a regulatory authority, so please contact us in the first instance, at info@awakechocolate.com. 

    Our site is provided for a United States audience. If you are accessing our site from outside the United States and provide us with personal information through our United States site, you understand that your personal information will be transferred to and processed in the United States. The laws that apply to the use and protection of your personal information in the United States are different than the laws of other countries. By accessing our site United States site, or by otherwise providing us personal information from outside of the United States, regardless of your country of origin and/or the country from which you access or use the site, you consent to our collection, use, and disclosure of your personal information as described in this Notice.