THE CHOCOLATE MOOSE.COM ("CHOCOLATE MOOSE," "we" or "us") is committed to protecting our customers' privacy. We feel it is important that you fully understand the terms and conditions under which we use the information we gather from you through the use of this site. Please read this Privacy Policy ("Policy") carefully to understand how we will use and protect your personal information. We will never share your personal information with anyone except as described in this Policy.

1. Collection and Use of Information

In general, you can visit our site without telling us who you are or revealing any personal information about yourself. In order to better provide you with numerous products and services, our site collects two types of information about its visitors: Personally Identifiable Information and Non-Personally Identifiable Information.

Non-Personally Identifiable Information

When you visit our site, we may collect some basic Non-Personally Identifiable Information about you. This information may include information regarding your operating system, browser software, and IP (Internet Protocol) address. Non-Personally Identifiable Information is collected in order to provide you with satisfactory service. We may use the information to detect problems with our server and to administer our site. In addition, Non-Personally Identifiable Information is compiled by us and analyzed on an aggregate basis.

Personally Identifiable Information

When you place an order or enter a promotion, we request that you send us Personally Identifiable Information. This information lets us know the specifics of who you are and can be used to identify, contact or locate you. Personally Identifiable Information may consist of: your name, address, telephone number, email address, birth date, billing information (credit card number, expiration date and billing address), occasion type (Valentine's Day, etc.), products purchased, any relevant promotion code and information (for example, reward program account information) and the item and/or message recipient's name, address, telephone number, email address and any other information you may provide us ("Personally Identifiable Information" ). We use Personally Identifiable Information for internal purposes, such as confirming and tracking your order, subscription or registration, analyzing trends and statistics, informing you of our new products, services and offers. Personally Identifiable Information is compiled by us and analyzed on both a personal and an aggregated basis.

To serve you better, we may combine Personally Identifiable Information you give us online or through our catalog. We may also combine that information with publicly available information about you that we may receive from third parties. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and for other promotional purposes.

We may contract with third-party companies or persons to provide certain services including credit card processing, distribution, data management, promotional services, etc. ("Service Providers"). We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.

2. Placing an Order

When you place an order, we require you to provide us with Personal Information. We use this information to give you a customized experience and to process the orders that you place with us.

The recipient phone number, which you furnish to us when you place an order, is used for delivery purposes. On some occasions, the recipient may be called to schedule delivery. To maintain our high quality standards, we will occasionally contact recipients to ensure satisfaction with their gift.

3. Use of Cookies/Clear GIFs

Cookies: Like many other commercial sites, our site utilizes standard technologies called "cookies" and clear GIFs to collect information about how our site is used. A cookie is a small data text file, which a web site stores on your computer's hard drive (if your web browser permits) that can later be retrieved to identify you to us. Cookies were designed to help a web site recognize a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie cannot be read by a web site other than the one that set the cookie. Cookies can securely store a customer's password, personalize home pages, identify which parts of a site have been visited or keep track of selections, such as those selected in a "shopping cart." For instance, cookies allow us to pre-populate (or fill in) an email field with your email address if you revisit our site and place an order. When you place an order, we send a cookie to your hard drive to record the product name, category of product that you ordered, the amount paid, the order number and any referral codes. No Personally Identifiable Information is recorded. When you click through to our site from a promotional email, our Service Provider may send a cookie to your hard drive recording your IP address and other related information.

Clear GIFs: Some of our Service Providers may employ clear GIFs (also known as pixel tags, single pixel GIFs, web beacons or action tags) for our benefit to help us measure advertising effectiveness. Clear GIFs help us better manage content on our site by informing us of what content is effective. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of our users. The main difference between the two is that clear GIFs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear GIFs are not tied to your Personally Identifiable Information. Our Service Providers may use clear GIFs: (i) in HTML based emails to determine which emails have been opened by recipients; (ii) to record when products have been ordered from our site; and (iii) to track the visitor traffic on our site. These clear GIFs allow us to measure the usage of our site by our visitors and the effectiveness of certain communications and marketing campaigns. We may also use clear GIFs in a similar manner in our own emails and on our site. Clear GIFs can "work with" existing cookies on a computer if they are both from the same web site or advertising company. That means, for example, that if a person visited "www.companyX.com", which uses an advertising company's clear GIF, the web site would match the clear GIFs identifier and the advertising company's cookie ID number, to show the past online behavior for that computer. This collected information can be shared with the advertising company. We may provide such information to our Service Providers but that information can only be used by our Service Providers for our benefit.

4. Surveys and Research

In an effort to improve our site and services, we may request that some customers and recipients voluntarily complete surveys, which may be collected by an independent third party. Individual survey answers are confidential, although non-personal information may be collected and disclosed to third parties. If you do not wish to participate in a survey, simply decline to participate when asked.

5. Mergers and Acquisitions

In the event of a merger, consolidation, or sale or transfer of all or substantially all of the assets of THE CHOCOLATE MOOSE, one of the assets which would generally be transferred to the purchasing or new entity is the information we collect from our customers and store in our customer database. However, the use of this information by any purchasing or surviving entity would be governed by the terms of this Policy, as amended from time to time, including any amendment after such transaction.

6. Cooperation with Law Enforcement

We will disclose Personally Identifiable Information, after subpoena or written request, to cooperate with a law enforcement investigation. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

7. Security

We use the Secure Sockets Layer (SSL) technology. SSL encrypts your order information as additional protection against the decoding of that information by anyone other than us. However, despite all reasonable security precautions and processes, such as password protection, encryption technology, and use of firewall technology, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot guarantee or warrant the security of any information you transmit to or from our site, and you do so at your own risk. Once we receive your transmission, we will take commercially reasonable precautions to protect its security on our systems.

Always sign off and close your browser window once you have finished your visit. This will help prevent someone else from accessing your account/information especially if you share a computer with other people or use a computer in a public place such as an internet café or library.

8. Sale, Trade or Rental of Personally Identifiable Information

We may share Personally Identifiable Information only with businesses that we believe to be reputable and that can provide you with offers and information that we think will be of interest to you.

9. Links to Other Web Sites

Our site may contain links to other web sites. Privacy policies on such linked sites may be different from our Policy. We are not responsible for the privacy practices and content of these third-party web sites. You access such linked sites at your own risk. We urge you to follow safe internet practices and do not supply Personal Information to these web sites unless you have verified their security and privacy policies.

10. Child Protection

We take special care to protect the safety and privacy of children. Our site is a general audience site. Consumers making purchases on our site must have a valid credit card and be 18 years of age or older. It is the policy of THE CHOCOLATE MOOSE not to collect personal information on any person under the age of 18 and we request that any person under age 18 not submit any personal information via our site.

11. Opt Out / Modify

We want to communicate with you only if you want to hear from us. We do not send unsolicited promotional email and we respect our customers' mail preferences. To unsubscribe from promotional e-mails follow the instructions near the bottom of the e-mail.

12. Your Consent

By shopping on our site you consent to the use of your Personally Identifiable Information by THE CHOCOLATE MOOSE in the manner specified in this Policy. We, however, have the option to change, modify, or add to the terms and conditions of the Policy at any time. We will inform you of any changes by posting the revised Policy on our site. The Policy will go into effect on the date posted. The new Policy will apply to all current and past users of our site and will replace any prior policies that are inconsistent.