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PRIVACY POLICY

Welcome to airheads.com (our “Site”), a web site owned and operated by Perfetti Van Melle USA, Inc.  (“us”, “we”, “our”, or “Perfetti”).  We respect your privacy and are committed to protecting personally identifiable information you may provide us through our Site.  We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our Site, how we use this information, and under what circumstances we may disclose the information to third parties.  This Privacy Policy applies only to information we collect through our Site and does not apply to our collection of information from other sources.  SECTION D BELOW APPLIES SPECIFICALLY TO OUR PRACTICES REGARDING CHILDREN UNDER THE AGE OF 13. This Privacy Policy, together with the Terms of Use posted on our Site, set forth the general rules and policies governing your use of our Site.  Depending on your activities when visiting our Site, you may be required to agree to additional terms and conditions.

We generally keep this Privacy Policy posted on our Site and you should review it frequently, as it may change from time to time without notice.  Any changes will be effective immediately upon the posting of the revised Privacy Policy.  When you access our Site, you agree to this Privacy Policy.  IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP USING OUR SITE.


A.        INFORMATION WE COLLECT

Our Site typically collects two kinds of information about you: (a) information that you provide which personally identifies you; and (b) information that does not personally identify, which we automatically collect when you visit our Site or that you provide us.

 

(1)        Personally Identifiable Information:  Our definition of personally identifiable information includes any information that may be used to specifically identify or contact you, such as your name, mail address, phone number, etc.  As a general policy, we do not automatically collect your personally identifiable information when you visit our Site.  In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program, promotion or some other aspect of our Site.  For instance, you may: (a) provide your name, mail/shipping address, e‑mail address, credit card number and phone number when registering with our Site, using our online store, or in connection with a contest entry; (b) provide certain demographic information about you (e.g., age, gender, purchase preference, usage frequency, etc.) when participating in a survey, poll, or joining a club; or (c) post a product rating and recommendation on our Site.  Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name).  Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content on our Site.

 

(2)        Non-Personal Information:  Our definition of non-personal information is any information that does not personally identify you.  Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous.  We obtain non-personal information about you from information that you provide us, either separately or together with your personally identifiable information.  We also automatically collect certain non-personal information from you when you access our Site.  This information can include, among other things, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party web site from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Macintosh OS, etc.), the domain name of your Internet service provider (e.g., America Online, NetZero, etc.), the search terms you use on our Site, the specific web pages you visit, and the duration of your visits.

 

B.        HOW WE USE AND SHARE THE INFORMATION COLLECTED

 

(1)        Personally Identifiable Information:  The personally identifiable information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with the circumstances in which you provided the information (e.g., participation in focus groups, polls, surveys, contests, sweepstakes, reward programs, play games, etc.).  We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products or similar products from our parent company, subsidiaries, or other affiliated companies (“affiliated companies”), or to communicate with you about content you have posted or shared with us via our Site.  You may opt-out from receiving future promotional information from us or our affiliated companies, or direct that we not share your information with any affiliated companies, as set forth below.

 

In certain instances we may also share your personally identifiable information with our third party vendors performing functions on our behalf (or on behalf of our affiliated companies) – e.g., vendors that process credit card orders, deliver our merchandise, administer our promotions, provide us marketing or promotional assistance, analyze our data, assist us with customer service, etc.  Our vendors agree to use this information, and we share information with them, only to carry out our requests.  In addition, we may share your personally identifiable information with participating sponsors to a program or promotion (e.g., a sweepstakes or contest) you enter via our Site.  Except as provided in this Privacy Policy, our Terms of Use, or as set forth when you submit the information, your personally identifiable information will not be shared or sold to any third parties without your prior approval.

 

(2)        Non-Personal Information:  We use non-personal information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services.  We may use your non-personal information by itself or aggregate it with information we have obtained from others.  We may share your non-personal information with our affiliated companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you.

C.        OTHER USES AND INFORMATION

 

(1)        IP Addresses:  An IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet.  Web servers (computers that “serve up” web pages) automatically identify your computer by its IP address.  When visitors request pages from our Site, our servers typically log their IP addresses.  We collect IP addresses for purposes of system administration, to report non-personal aggregate information to others, and to track the use of our Site.  IP addresses are considered non-personal information and may also be shared as provided above.  It is not our practice to link IP addresses to anything personally identifiable; that is, the visitor’s session will be logged, but the visitor remains anonymous to us.  However, we reserve the right to use IP addresses to identify a visitor when we feel it is necessary to enforce compliance with our Site rules or to:  (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Site, or other users; or (d) in an emergency to protect the health and safety of our Site’s users or the general public.

 

(2)        Cookies:  “Cookies” are small text files from a web site that are stored on your hard drive.  These text files make using our Site more convenient by, among other things, saving your passwords and preferences for you.  Cookies themselves do not typically contain any personally identifiable information.  We may analyze the information derived from these cookies and match this information with data provided by you or another party.  We may provide our analysis and certain non-personal information to third parties (who may in turn use this information to provide advertisements tailored to your interests), but this will not involve disclosing any of your personally identifiable information.  Please note that advertisers that serve advertisements on our Site may also use their own cookies, which are subject to the advertiser’s privacy policies, not this Privacy Policy.

 

If you are concerned about the storage and use of cookies, you may be able to direct your internet browser to notify you and seek approval whenever a cookie is being sent to your hard drive.  You may also delete a cookie manually from your hard drive through your internet browser or other programs.  Please note, however, that some parts of our Site will not function properly or be available to you if you refuse to accept a cookie or choose to disable the acceptance of cookies.

 

(3)        E-mail Communications:  If you send us an e-mail with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference.  For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by e-mail.  However, aside from our reply to such an e-mail, it is not our standard practice to send you e-mail unless you request a particular service or sign up for a feature that involves e-mail communications, it relates to purchases you have made with us (e.g., product updates, customer support, etc.), we are sending you information about our other products and services, or you consented to being contacted by e‑mail for a particular purpose.  In certain instances, we may provide you with the option to set your preferences for receiving e-mail communications from us; that is, agree to some communications but not others.  You may “opt out” of receiving future e-mail communications from us by clicking the "unsubscribe" link included at the bottom of most e-mails we send, or as provided below.

 

(4)        Transfer of Assets:  As we continue to develop our business, we may sell or purchase assets.  If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personal information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed.  Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

 

(5)        Other:  We reserve the right to disclose any personally identifiable or non-personal information about you if we are required to do so by law or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Site, or other users; or (d) in an emergency to protect the health and safety of our Site’s users or the general public.

           

D.        CHILDREN

We operate this Site in compliance with the Children's Online Privacy Protection Act ("COPPA").  COPPA requires that we inform parents about how we collect, use, and disclose personally identifiable information from children under 13 years of age (“children” or a “child”), and that we obtain the consent of parents in order for children to use certain features of our Site.  We strongly urge that children not provide any personally identifiable information through the Site without the knowledge and permission of a parent or legal guardian (for convenience, together “parent”).

(1)        What types of information do we collect from children and how do we use/share that information?

Children, and others, can generally surf, research, and view content on our Site without having to provide any personally identifiable information.  Our practices regarding the collection, use, and sharing of personally identifiable and non-personally identifiable information from children are, except as identified below, the same as with those 13 years of age or older.  For full details, see sections A, B and C above.

If an activity involves collecting personally identifiable information from a child, it will typically be limited to the collection of the name, address and date of birth of the child, along with the information directly tied to participating in the activity (for instance, a child’s opinion on a particular subject or product, recollection of an event, etc.).  However, we do not and may not require that children provide more personally identifiable information than is reasonably necessary to participate in the activity.

The personally identifiable information we collect is used to obtain parental consent, communicate with the child about the activity (e.g., provide notice, respond to requests, etc.) and consistent with the terms we provide when we collect the information.  This information may also be used by us or shared with our affiliated companies (defined above) to provide additional information about us, send offers, or for other promotional or marketing purposes (collectively “Marketing”).  Parents may always direct us (by contacting us as provided below) not to share their child’s personally identifiable information with these parties or not to use the information for Marketing.

(2)        How do we notify and obtain consent from parents?

Where an activity involves the collection of personally identifiable information from a child, we will request the parent’s e-mail address from the child.  We will then send an e-mail to the parent providing, among other things, the relevant details on the activity, the information collected, and our privacy practices.  Parents can provide consent by following the instructions in the e-mail.  If the parent consents to the child’s participation in the activity, we typically send a separate confirmation e-mail.  If the parent does not consent, we delete all information previously collected from the child from our database.

In certain instances, a child’s participation in a specific activity will require a higher level of verification of consent from the parent.  For instance, while we currently require e-mail consent from a parent before a child can join our “Restricted AirSpace” kids-only club, we would require a more verifiable method of parental consent if the child wanted to participate in an activity resulting in the posting of the child’s picture, name or other personal information on our Site.  In these instances, we may obtain consent and verification by collecting the parent’s credit card information, having a live telephone discussion with the parent, obtaining written consent from the parent or applying other similar methods.

(3)        How can a parent access, change or delete personally identifiable information about their child?

At any time a parent can refuse to permit us to collect additional personal information from their child, review the personal information we have collected, or request that their child’s information be deleted from our database.  To do so, a parent may contact us at:

 

Perfetti Van Melle USA, Inc.
                3645 Turfway Road
                P.O. Box 18190
                Erlanger, KY 41018-0190
                (859)
283-6565
                webmaster@us.pvmgrp.com. 

 

Parents may also use this contact information if they have any questions or concerns.

 

E.        KEEPING YOUR INFORMATION SECURE

 

We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control.  Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction or inadvertent disclosure of your personally identifiable information.

 

F.         OTHER SITES

 

Our Site may link to or contain links to other third party web sites that we do not control or maintain, such as in connection with purchasing products referenced on our Site and banner advertisements.  We are not responsible for the privacy practices employed by any third party web site.  We encourage you to note when you leave our Site and to read the privacy statements of all third party web sites before submitting any personally identifiable information.

 

G.        CONTACT AND OPT-OUT INFORMATION

 

(1)        Contact:  If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please send an e-mail to webmaster@us.pvmgrp.com.  We can also be reached at:

 

Perfetti Van Melle USA, Inc.
                3645 Turfway Road
                P.O. Box 18190
                Erlanger, KY 41018-0190
                (859) 283-6565

 

(2)        Review, Correct, Delete and Opt-Out:  Please use the above contact information if you wish to: (a) review the personally identifiable information we have collected about you or your child; (b) provide us corrections to information we have collected; (c) direct us to stop sending you or your child Marketing communications; or (d) wish to withdraw your consent to sharing your personally identifiable information, or that of your child’s, with others. We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable.