Privacy Policy

Last Updated: November 22, 2021

Orange Box Overstock, Llc., doing business as “Orange Box Overstock,” (“Orange Box Overstock,” also referred to herein as “we”, “us” or “our”) respects your privacy. This privacy policy (the “Privacy Policy”) explains how Orange Box Overstock collects, uses and shares information about you through our website www.orangeboxoverstock.com and our mobile application(s) or “app(s)” (together, the “Sites”), our electronic communications, including email messages, and our business operations (all of the foregoing collectively, together with all associated services, the “Services”).

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

1. INFORMATION WE COLLECT

We collect information in multiple ways, including information that (a) you provide directly to us; (b) is automatically collected from you when you navigate our Sites and use our Services, such as from your browser or device[ and (c) we receive from third parties]. We may combine all the information we collect about you from these various sources.

a. Information you provide to us

You may provide information directly to us, in various ways. For example:

Sign up and profile information. When you sign up and/or place an order through Orange Box Overstock, you provide us with information, including, but not limited to your name, email address, physical address, and phone number. You may also provide us with information about your dietary preferences.

Order information. When you place an order, we collect information related to the order, which may include items purchased, special instructions, date and time of order, and subtotal.

Feedback and information in your communications. We may collect information when you make requests or submit questions to us. We may also ask you for feedback on your order, which may include rating your experience.

Payment information. When you add a payment card or method to your account, a third-party payments service provider receives your card information. (When you make a payment for an order, you are interacting with the payments service, not Orange Box Overstock.)

b. Information we collect through automated means

Device and usage information. We also collect certain information that is automatically generated by the computer, browser or device (including mobile devices or tablets) that you use to access or navigate our Services. As further described below, we may collect, combine and analyze information such as: (i) IP address, unique device identifiers including mobile ad IDs, IMEI and TCP/IP address, and other information about your computer or device(s), browser types, browser language, operating system and/or mobile device carrier information; (ii) location information (with your permission) and (iii) information related to the ways in which you interact with the Services, such as: referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages and interactions with our app, pages and content viewed and the order of those pages, statistical information about your visit to the Services, the frequency of your visit to the Services, error logs, and other similar information. As further described below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.

Cookies and other tracking technologies. We also collect data about your visit(s) and use of the Services through the use of Internet server logs and online tracking technologies, like cookies and/or tracking pixels. A web server log is a file where website activity is stored. A “cookie” is a standard software feature that is placed on your computer when you visit a website and assigns you a unique, random number. The cookie identifies the computer or device that you use to visit a Site and enables us (or our service providers) to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Sites you have visited; (iv) enhance your user experience by delivering content and advertisements specific to your inferred interests; (v) perform searches and analytics; and (vi) assist with security administration functions. We may use local shared objects (including flash cookies) to store your preferences, e.g., for volume control or to personalize content, ads, or video features. (Flash cookies are somewhat different from other cookies because of the amount and type of data and how the data is stored.)

We also may use tracking pixels (sometimes referred to as web beacons or clear GIFs), which are tiny electronic tags embedded in websites, online ads, and/or email, and that are designed to access cookies and provide usage information like ad impressions or clicks, measure popularity of the Services and associated advertising. We also may include web beacons in email messages and other electronic communications to determine whether the message has been opened and for other analytics, personalization and advertising. As we adopt additional technologies, we may also gather additional information through other methods.

You can change your browser settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). To manage Flash cookies, please click here. Please note that by blocking any or all cookies, you may not have access to certain features or offerings on our Services.

We describe in Section 5, titled “PERSONALIZED ADVERTISING AND YOUR OPT-OUT CHOICES.” how we may use cookies and similar technologies for interest-based advertising, and how to opt-out of that type of advertising.

Mobile SDK Technologies. We may sometimes use or partner with service providers that use mobile SDKs (or similar technologies) to collect information, such as mobile identifiers (e.g., IDFAs and Android Advertising IDs), and information connected to how mobile devices interact with our Services. A mobile SDK is the mobile app version of a cookie (see the above description of “cookies). The SDK is a bit of computer code that app developers can include in their apps to enable ads to be shown, data to be collected, and related services to be implemented. We may use this technology to collect information about how you interact with our Services.

c. Information from third parties

We may collect information about you from other sources, including data compilers and resellers, websites, and government agencies (such as the US Postal Service). We may combine the information we collect from third parties and combine it with information that we collect from you or through your use of the Services, and may likewise combine any information that we collect from you with other such information.

2. HOW WE USE YOUR INFORMATION

We may use your information for various purposes, depending on the type of information we have collected from and about you and the specific Services you use, in order to:

Respond to your requests for information
Provide you with updates and information about our Services
Verify your identity and for fraud prevention
Process your payments (as explained above, such payments will be processed by our third-party payment processor, not by us)
Help us better understand your interests and needs to improve the Services
Engage in analysis, research, and reports regarding the use of our Services
Contact you regarding Orange Box Overstock products, services, surveys, or promotions (in accordance with any privacy preferences you have expressed to us)
Provide you with recommendations
Tailor the content and information that we may send or display to you, retarget content to you through our software application and elsewhere, and to otherwise personalize your experiences while using our Services
Tailor advertising or promotions to you when you use the Services or interact with other services, apps or content.
Provide, manage, and improve the Services, and test and create new products, features, and services
Understand and resolve any technical and security issues reported on our Sites
Comply with the law and protect the safety, rights, property or security of Orange Box Overstock, the Services, and the general public
Enforce any legal terms that govern your relationship with us or your use of the Services
For any other purpose with your consent

Please note that we may combine information that we collect from you and about you (including automatically generated information) with information that we obtain about you from third parties, and use such combined information in accordance with this Privacy Policy.

Aggregate/De-identified/Anonymous data. We may aggregate, de-identify and/or anonymize any information collected through the Services so that such information is no longer linked to your personally identifiable information (such as your name, address, phone number or email address). We may use aggregated and anonymized information for any purpose, including, without limitation, for research and marketing purposes.

3. HOW WE DISCLOSE YOUR INFORMATION

We may disclose and/or share your information under the following circumstances:

Service Providers and Vendors: We disclose your information to third parties who perform services on our behalf, including without limitation billing and collection, marketing and advertising, market research, data storage, data analysis and processing (including processing credit card payments), customer support, security and tech and operational support, email services and legal services.
Third Parties. We may disclose your information to a limited number of third parties who are involved in the creation or provision of products you order, such as the manufacturer or distributor of those goods.
Legal Compliance and Protection of Orange Box Overstock and Others. We may disclose your information if required to do so by law or on a good faith belief that such disclosure is permitted by this Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (i) to comply with legal process; (ii) to enforce this Privacy Policy, or other contracts with you, including investigations of potential violations thereof; (iii) to respond to claims that any content on our Sites violates the rights of a third party; (iv) to respond to your requests for customer service; and/or (v) to protect the rights, property, or personal safety of Orange Box Overstock, our agents and associates, and the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and other similar purposes.
Business Transfers. We may disclose your information in the event that we undergo organizational restructuring (e.g., establish a subsidiary or merge with another entity), or an acquisition by another entity. In such transactions (including in contemplation of such transactions, e.g., due diligence) your information may be disclosed. If any of our assets are sold or transferred to a third party, your information would likely be one of the transferred business assets.
Public Forums. Certain features of our Services may allow you to publicly share comments with other users. Any information that you submit or post through such features is not confidential and can be used by us for any purpose.
Affiliated or Associated Companies. We may sell or share information we collect with our affiliated or associated entities, if and when we ever have any.
Aggregated/De-identified/Anonymous Information. We may share aggregated, de-identified or anonymous information about your use of the Services with third parties, including advertisers, promotional partners (including the restaurants and chefs we partner with to offer the Services) and others.
Consent. Without limiting the other ways we may use or disclose your information, we also may disclose your information to any third parties based on your consent to do so.

4. ONLINE ANALYTICS
We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze the information discussed above, and to engage in auditing, research, or reporting. The information (including your IP address) collected by various analytics technologies described above will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services, including by noting the third-party website from which you arrive to our Services, analyzing usage trends, assisting with fraud prevention, and providing certain features to you. To learn more about Google’s privacy practices, please review the Google Privacy Policy; to prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

If you receive email from us, we may use certain tags or pixels to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

5. PERSONALIZED ADVERTISING AND YOUR OPT-OUT CHOICES

Personalized or “Interest-Based” Advertising. We may allow third parties, such as ad exchanges, web analytics vendors and data analytics vendors to integrate with the Services to deliver relevant content and ads on the Services, and on other websites you visit and other applications and devices you use. When these ads are based on your activities across various websites or apps, over time, or tied to other information about you, this is sometimes known as “personalized” or “interest-based” advertising.

These third parties (or we) may use cookies, web beacons, pixel tags and similar technologies to collect information about your interactions on our Services and elsewhere on the internet or in apps (e.g., search and click stream information, browser and device type, time and date, cookie and session ID, and the identity or type of ads clicked or scrolled over). They (or we) may use this information to display ads for Orange Box Overstock when you use our Services or other websites or applications. These third parties may tie the data collected with information such as your name, email address, mailing address, and other demographic and behavioral information about you; we or they may create a “hash” of personal information (for privacy purposes), which may be associated with cookies or device identifiers.

We may also engage in “cross-device” advertising. Cross-device advertising is when third parties (or we) tie an identifier (such as a cookie ID, device identifier or IP address) to information related to other devices that you may use (e.g., your computer, tablet and phone) in order to measure and target advertisements tailored to your interest across devices, and to try to identify you across multiple browsers or devices.

Opting Out of Personalized Advertising. If you are interested in more information about personalized or “interest-based” advertising and how you can generally control cookies and other tracking devices from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ad Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

Please note that even if you exercise the opt-out choices above, you may continue to receive advertisements -- for example, ads based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browser (like some Safari browsers) is configured to reject “opt out” cookies when you opt out on the DAA or NAI websites, your opt-out may not be effective.

6. ADDITIONAL MARKETING CHOICES YOU HAVE

You have certain choices about how we use your information. You can opt-out of or unsubscribe from our promotional emails by clicking the “unsubscribe” link they contain: please note if you do so, that we may continue to send you emails relating to administrative and transactional interactions with us, such as emails about maintenance updates, or content and services that you have specifically requested.

You may also unsubscribe from receiving certain text (SMS) or multimedia (MMS) messages by replying “STOP” to the number sending the message. When we engage in SMS communications with you, separate terms we present to you may apply or supplement these terms.

7. SECURITY

We take technical and organizational measures to protect your data against accidental or unlawful destruction, accidental loss or alteration, and unauthorized disclosure or access. However, no method of transmission over the Internet, or method of electronic storage, is absolutely secure. Therefore, while we strive to protect your information, we cannot guarantee in an absolutely way the security of the Sites or any information you provide to us.

8. DATA RETENTION

We will hold your information for as long as necessary to fulfill the purposes set forth in this Privacy Policy or as long as we are legally required or permitted to do so. Information may persist in copies made for backup and business continuity purposes for additional time.

9. THIRD-PARTY LINKS

Our Services may include links to third party websites, applications and services. We do not control those sites or services and are not responsible for the content or practices of those sites or services. If you choose to use these sites or services, any information you provide to that site or service will be governed by the privacy policy of the operator of the site you are visiting or the services you are using. We encourage you to review the privacy policy of any site or service that you use.

10. NOTE TO PARENTS AND CHILDREN

The Services are intended for general audiences and not for children under the age of 13. If you believe that we have collected “personally identifiable information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without legally-valid parental consent, please inform us and we will take appropriate steps regarding such information.

11. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology, so you should review the Privacy Policy periodically. We will make the revised Privacy Policy accessible through use of the Services. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Last Updated” date included at the beginning of this Privacy Policy. If we make a material change to the Privacy Policy, you will be provided notice in accordance with legal requirements. Your use of the Services following any such change constitutes your agreement that all information collected from or about you after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy.

12. HOW TO CONTACT US

If you have any requests, questions, comments, or concerns regarding our Privacy Policy or privacy practices, please contact us as at privacy@orangeboxoverstock.com.

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