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Privacy Notice

September 1, 2005 GENERAL By accessing this site, you agree that you have read and understand the Miss Chocolate, INC (Miss Chocolate, we, our, us, etc.) privacy statement (Statement) which describes how we use your personal information, and what options you have to update or request the deletion or correction of information submitted to us via www.misschocolate.com (Site). If you do not agree with the terms and conditions of this Statement, please do not use the Site. Because Miss Chocolate wants to demonstrate its commitment to your privacy, we have agreed to disclose our information practices regarding the collection and use of personally identifiable and non-personally identifiable information (Personal Information and Non-personal Information, respectively) submitted via the Site. For purposes of this Statement, the term Information refers to Personal Information and Non-personal Information when taken together. Miss Chocolate has agreed to notify you of: 1. What Information of yours or of a third party is collected from you through the Site; 2. The organization collecting the Information; 3. How the Information is used; 4. With whom the Information may be shared; 5. What choices are available to you regarding collection, use and distribution of your Information; 6. The kind of security procedures that are in place to protect the loss, misuse or alteration of Information under Miss Chocolate's control; and 7. How you can request that Miss Chocolate correct any inaccuracies in your Personal Information. QUESTIONS REGARDING STATEMENT If you have questions or concerns regarding this Statement, you should first contact the Webmaster by email. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed within 30 business days, you should then contact Miss Chocolate directly at 800-645-2170 to resolve your concerns. INFORMATION WE COLLECT & WHY Personal Information Submitted By You. We collect Personal Information you provide to us for purposes of (a) signing up for our newsletter; (b) submitting comments to us regarding vendors, products for this Site; (c) participating in one of our contests; and (e) your general use of the Site. The practices described in this Statement may also apply to Information you provide to us in writing or by telephone, such as when you contact our customer service staff. Personal Information may include items such as your name, address, telephone number, zip code, and age. Unless you provide it to us voluntarily, Miss Chocolate does not collect Personal Information about you in connection with your use of this Site. Information Pertaining to Minors. Miss Chocolate does not wish to collect Personal Information from minors (children under 13 years of age, or any other age defined under applicable law). If we become aware that a minor is attempting to or has submitted Personal Information via this Site for On-Line ordering (excluding Student Fundraising Information), we will notify the user that we may not accept his or her Personal Information. We will then delete any such Personal Information from our On-Line Store records. Automatic Transactional Information. Certain Non-personal Information may be collected automatically as part of your use of this Site, as well as from your transactions with us and our affiliates or nonaffiliated third parties. This Non-personal Information is used to improve the overall Site operations, functionality and appearance. Non-personal Information may include your IP address, web browser type, domain name and the time or date upon which you visited the Site. Cookies, Clear Gifs (Web Beacons/Web Bugs). Cookies may be used by us in order to retain state-specific information and remember which menus should be displayed. Cookies are small data files that are stored on an Internet user's computer by a web server and may be used by some of the advertisers in the ads contained in our Site. Our Site does not include clear gifs or any third party advertising. HOW WE USE THE INFORMATION COLLECTED Personal Information is used by Miss Chocolate for the purpose for which it was submitted. For example, if you submit your email address and other information required to subscribe to our newsletter, we will use that Personal Information to send you our newsletter. Please see below for your Choice/Opt Out options. We use your IP address to help diagnose problems with our server, and to administer the Site. If a user elects to use our "Tell A Friend" referral service for informing a friend about our Site, we ask them for the friend's name and email address. We will automatically send the friend a one-time email inviting them to visit the Site, both email addresses are stored for statistical tracking and will not be used is any other way. DISCLOSURE OF INFORMATION TO THIRD PARTIES Demographic and Aggregate Information will not be shared by us with any third party advertisers. Miss Chocolate makes every reasonable effort to preserve user privacy. However we reserve the right to disclose Personal Information when required or permitted by law and we have a good-faith belief that such action is necessary to comply with an appropriate law enforcement investigation, current judicial proceeding, a court order or legal process served on us. SALE OR TRANSFER OF INFORMATION In the event of a sale, merger, liquidation, dissolution, or transfer of part of the business, trade or assets of Miss Chocolate, all Information collected about you via this Site may be sold, assigned, or transferred to the party acquiring all or substantially all of the equity or assets or business of Miss Chocolate. Subject to your election to opt out as described below, by using this Site, you consent to the sale and transfer of your information as described in this paragraph. SECURITY This Site has security measures in place to protect the loss, misuse and alteration of the Information under our control. All employees are aware of our policies. Safeguards are in place to keep sensitive data secure via the use of passwords. THIRD PARTIES; LINKS Linking. This Statement applies only to http://www.MissChocolate.com. This Site may include links to the web sites of both our affiliated and non-affiliated entities (Other Sites), including access to content, products and services of such affiliated and non-affiliated entities. Whenever you choose to access Other Sites or non-Miss Chocolate content via this Site, a separate browser window will launch and you will leave this Site. We urge you to familiarize yourself with the individual privacy and other terms for each linked site prior to submitting your Personal Information. Miss Chocolate IS NOT RESPONSIBLE FOR THE PRODUCTS, PRICES, PRIVACY PRACTICES OR CONTENT OF OTHER SITES OTHER TERMS Your use of our Site is subject to and contingent upon your agreement with our Terms of Use, which are hereby incorporated by reference. NOTIFICATION OF CHANGES Users will be notified of changes to this Statement by a notice posted on the Site within thirty business days prior to the changes taking effect. Any material change in how Personal Information is collected or used by Miss Chocolate or the third parties referenced in this Statement will cause a notice to be posted. An email will also be sent to registered newsletter readers when a change is made, giving them the opportunity to opt-out. CONSENT By using this Site, you consent to the use, storage and disclosure of your Information by us in the manner described in this Statement. We reserve the right to make changes to this Statement from time to time and will alert you to such changes via the Notification procedure described in the preceding paragraph. CHOICE/OPT-OUT Our Site provides users the opportunity to opt-out of receiving communications from us and our partners at the point where we request Information from you. In addition, to request that we remove you from our database or stop sending you future communications, you can visit our mailing list page. CORRECT/UPDATE Users may submit requests to Miss Chocolate for changing, deleting, and modifying Personal Information previously submitted, by sending an email to this address. ADDITIONAL CONTACT INFORMATION Miss Chocolate, Inc. 300 Spagnoli Road Melville, NY 11747 U.S.A.