Last Updated: August 2nd, 2023
The Privacy and Cookie Policy (“Privacy Policy”) describes the privacy practices of Acme Smoked Fish Holding Corp. and its subsidiaries and affiliates (collectively, “Acme”, “we”, “us”, and/or “our”).
The purpose of this Privacy Policy is to inform you of:
We collect, use and are responsible for certain personal information about you. When we do so we are subject to various laws in the United States, and we are responsible as controller of that personal information for the purposes of those laws.
By creating an account, providing information to us (by any means, whether in correspondence, via our Services, or otherwise), or continuing to use our Services, you acknowledge that you have read, understood, and consent to be bound by this Privacy Policy.
IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY OR OUR PRACTICES, YOU MAY NOT USE OUR SERVICES. THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME AND YOUR CONTINUED USE OF OUR SITE CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES. WE ENCOURAGE YOU TO REVIEW THIS PRIVACY POLICY PERIODICALLY.
The Types Information We Gather
As used in this Privacy Policy, “personal information” means any information relating to an identified or identifiable individual. We may collect and use the following categories of personal information:
Acme does not process, collect, or store payment information for orders placed through the Service. All payments are processed through third-party vendors such as Athorize.net, Magento, Klaviyo, and ShipStation. For orders submitted through the Service, you will be notified during the payment process when you are accessing services performed by third-party vendors and/or when you are leaving our Services. If you have concerns about your personal and/or payment information and would like to know which specific vendors have processed your information, please contact: legal@acmesmokedfish.com and 718-383-8585.
The Sources of Information We Collect Include:
We may generally collect information directly from you when you:
In the course of using our Services, you may choose to provide us with personal information to help us serve your needs. For example, you may send us electronic mail (through a mailer or a web form) to request information, you may sign up for a mailing list, or you may send us your address so we may send you an application or other material. Any personal information you send us will be used only for the purpose indicated. Requests for information will be directed to the appropriate staff to respond to the request, and may be recorded to help us update our site to better respond to similar requests. We will not sell, exchange or otherwise distribute your personal information without your consent, except to the extent required by law. Each webpage in connection with the Services, which requests information, discloses the purpose of that information. If you do not wish to have the information used in that manner, you are not required to provide it.
We may also collect information through automated means. There are three methods Acme uses to collect information that in connection with our Services: network traffic logs, web visit logs, and cookies.
Do Not Track
We do not track users across the web and therefore do not respond to web browser “do not track” signals.
to confirm or update your marketing preferences if you instruct us to provide further products or services in the future, or if there are changes in the law, regulation, or the structure of our business.
How We Use/Share The Information We Collect
Acme gathers information, including personal information, mainly to communicate with you and to process your orders. However, Acme also uses such information to help improve our products and customer service, and to provide an enhanced and more personalized shopping experience. This processing: is necessary to perform a contract with you or take steps to enter into a contract at your request; is necessary for us to comply with a relevant legal obligation; is in our legitimate interests (subject to your interests and fundamental rights) and notably our legitimate interest in using applicable data to conduct and develop our business activities; or you have consented to the processing.
Acme does not sell customer information to third-parties. Acme does not share customer information with any third-parties other than the vendors identified in this Privacy Policy for the purpose of performing the Services and processing and fulfilling customer orders.
We use information we collect to communicate with you, to process your orders, to improve our products and services (such as by responding to your feedback), and to conduct internal research (such as statistics on favorite -- i.e., most ordered -- products). We may also use your information, as necessary or appropriate in our view, to operate the Service, respond to your inquiries, and process orders.
Electronic Communication
We may use your personal information to send you updates (by email, text message, telephone or post) about our products or Services, including exclusive offers, promotions or new products or services.
We want to communicate with you only to the extent you want to hear from us. Any promotional email we send to you will include an “unsubscribe” link to use or a link to opt-out of receiving further promotional emails from the sender.
If you wish to set your preferences concerning promotional communications, please let us know by contacting us as noted below in the “How to Contact Us” section and identify your preferences regarding promotional communications. Your instructions will be processed as soon as reasonably practicable and in accordance with law.
Disclosures of Personal Information
We routinely share personal information with:
We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information.
In certain situations, we may be required to disclose personal information in response to lawful requests from public authorities, including to comply with national security or law enforcement requirements. We reserve the right to disclose information we collect from you, or that you provide to us, as required by law, in response to legal process and law enforcement requests, when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, respond to a government request, and to protect the rights or property of Acme, its users, customers, recipients, and vendors.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
Maintenance and Retention of Information
We may retain your personal information in accordance with our data retention policies and for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements, or until you request us to stop using it. We may, however, keep some of your personal information to ensure that we comply with your request not to use your personal information or comply with your right to erasure. For example, we must keep your request to be erased, even if it includes your personal data, until such time as you are no longer our customer. If you have questions about our data retention policies, or would like a copy of such policies, please contact us as noted below. Different retention periods apply for different types of personal information. 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 the 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 requirements.
Keeping Your Personal Information Secure.
We use reasonable and appropriate physical, technical, and administrative safeguards to protect your information from unauthorized use, access, loss, misuse, alteration, or destruction. However, while we strive to protect your privacy, due to many reasons, including the inherent security flaws in the internet, we cannot guarantee the security of any information you disclose to us and, as such, you agree that your disclosure of such information is at your own risk.
Portions of the Service (such as our Member registration and Address Book) may require registration and log-in processes in which you will select a user ID and password (collectively, the "Password"). Passwords provided to you by us are the confidential property of Acme and may be used by you solely for your individual use of the Service (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.
Privacy Requests
Acme respects your control over your information and, upon request, we will confirm whether we hold or are processing information that we have collected from you. You also have the right to amend or update inaccurate or incomplete personal information (including the right to obtain a copy of the corrected information), request deletion of your personal information, or request that we no longer use it. If you would like to update or correct information previously provided to us, please contact us as indicated below in the “How to Contact Us” section. Upon your written request, we will provide you with information about whether we hold any of your personal information and will confirmation that the data has been corrected or deleted. We will respond to your request within the allotted time frame and will notify you if an extension is needed. If you are a resident of California, Colorado, Connecticut, Iowa, Virginia, or Utah please go to our Privacy Notice Addendum to learn about additional rights you may have under applicable data protection laws.
Where Your Personal Information is Held
Information may be held at our offices and those of our third party agencies, service providers, representatives and agents as described above (see above: “Disclosures of Personal Information”).
A Note to Users Outside of the United States
Acme is headquartered in the United States and utilizes service providers in the United States. The Services are not intended for visitors outside the United States. If you are a non-U.S. user of the Services, by visiting our website or providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this Privacy Policy. If you choose to access our Services outside the United States, Acme and our service providers may transfer your personal information to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. In particular, you are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. Where the laws of your country allow you to do so, by using the Services or by providing your data, you consent and authorize Acme to transfer, store, and use all such personal information in the United States of America (and any other country where we operate) which may not offer an equivalent level of protection to that required in the country where you reside and to the processing of that personal information by us on our servers located in the United States of America, as described in this Privacy Policy. If you do not want your personal information transferred to the United States of America and any other country where we operate, please do not submit any information to us or use the Services.
Children and our Site
Our Services are not directed to children, and you may not use our Services if you are under the age of 18. If you are under 18, do not use our Services, access our website, or provide any information about yourself including, without limitation, your name, address, email address or any screen name or user name you may use.
If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, in compliance with the Children’s Online Privacy Protection Act, we will purge such information from our database and cancel the corresponding accounts. If you believe we may have any information from or about a child under 13, please see our “How to Contact Us” Section below. Please visit the FTC's website at www.ftc.gov for tips on protecting children's privacy online.
Third Party Websites
If, in your interactions with our Services, you are linked or directed to, or click on, a third party website, we cannot control what information you may provide to that party or on that website, and we are not responsible for how that party may use or disclose any information you may provide to them. This is not as an endorsement by us of any third party website, content that may be offered on such third party website, or of any products or services provided by such third party. We do not control, nor are we responsible for, such third party website, product or service offerings. As such, we urge that you exercise caution before providing them with your personal information and to review the third party’s privacy policy for information on its data processing practice.
You should contact the site administrator for such third party website if you have any complaints, claims, concerns or questions regarding such third party website or its privacy practices.
How To Contact Us
To update your information, inquire as to what information of yours, if any, we are maintaining, request deletion or removal of your information, or for any other privacy related inquiries, please contact us by email at [info@acmesmokedfish.com], by telephone at 718-383-8585, or in writing at:
Acme Smoked Fish Holding Corp.
30-56 Gem Street
Brooklyn, NY 11222
Alternatively, you can submit a request on our online form linked here
Changes to this Privacy Policy
This Privacy Policy was published on the date “Last Updated” above. Acme may change this Privacy Policy from time to time in the future. Any changes will be posted here and reflect the date of such changes on the first page of this Privacy Policy. We advise you to check back frequently to see any updates or changes. By using our website and the Service, after such changes take effect, you agree to be legally bound and to abide by the revised Privacy Policy and Terms of Use, of which this Policy is a part.
Privacy Notice Addendum
This Privacy Notice Addendum (“Notice”) supplements the information contained in Acme Smoked Fish Holding Corp. and its subsidiaries and affiliates Privacy and Cookie Policy and applies solely to all visitors, users, and others who reside in the State of California, Colorado, Connecticut, Iowa, Utah, or Virginia ("consumers" or "you"). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (CCPA), the California Privacy Rights Act of 2020 (CPRA), the Colorado Privacy Act of 2021, the Connecticut Data Privacy Act of 2022, the Iowa Consumer Data Protection Act of 2023, the Utah Consumer Privacy Act of 2022, the Virginia Consumer Data Protection Act of 2023, and certain other privacy and data protection laws, as applicable (collectively, the " Statutes"). Any terms defined in the Statutes will have the same meaning when used in this Notice.
As further set forth in our Privacy Policy, we may collect certain information that is (i) linked or reasonably linkable to an identified or identifiable individual or natural person, or (ii) that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a consumer or household, or (iii) as further defined in the Statutes as “Personal Data” or “Personal Information.”
1. Your Rights Under the CCPA and CPRA. You may have the right under the California Consumer Privacy Act of 2018 (CCPA), the California Privacy Rights Act of 2020 (CPRA), and certain other privacy and data protection laws, as applicable, to exercise free of charge:
|
Disclosure of Personal Information We Collect About You |
You have the right to know:
|
|
Personal Information Sold, Shared, Disclosed, or Used for a Business Purpose |
In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:
We do not sell or share your personal information for monetary or other valuable consideration. |
|
Right to Limit Use and Disclosure of Sensitive Personal Information. |
You have the right to opt-out of the use and disclosure of your sensitive personal information for anything other than supplying requested goods or services. We do not collect sensitive personal information. |
|
Right to Correction |
You have the right to request correction of inaccurate personal information maintained by us about you. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information. |
|
Right to Deletion |
Subject to certain exceptions set out by statute, on receipt of a verifiable request from you, we will:
|
|
Protection Against Discrimination |
You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
Please note that we may charge a different price or rate or provide a different level or quality of services to you, if that difference is reasonably related to the value provided to our business by your personal information. |
2. Personal Information We Sold or Disclosed for a Business Purpose.
In the preceding 12 months, we have not sold to any third parties any category of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
In the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
3. Your Rights Under the Colorado Privacy Act.
The Colorado Privacy Act provides consumers who are Colorado residents with specific rights regarding their Personal Data. This section describes your rights under the Colorado Privacy Act and explains how to exercise those rights.
|
Right to Opt-Out |
You have the right to opt out of the processing of Personal Data concerning you for the purposes of:
|
|
Right of Access |
You have the right to confirm whether we are processing Personal Data concerning you and to access your Personal Data. |
|
Right to Correction |
You have the right to correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data. |
|
Right to Deletion |
You have the right to delete Personal Data concerning you. |
|
Right to Data Portability |
When exercising the right to access Personal Data, you have the right to obtain the Personal Data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance. You may exercise this right no more than two times per calendar year. |
|
Right to Appeal |
We hope that we can resolve any query or concern you raise about our use of your Personal Data. However, if we do not take action on your request to exercise any of your rights, we will inform you without undue delay after the receipt of the request for not taking action. You may appeal any decision we have made about your request by following the instructions in the communication you receive from us notifying you of our decision. The Colorado Privacy Act also gives you right to contact the Colorado Attorney General if you have concerns about the results of your appeal. |
4. Your Rights Under the Connecticut Data Privacy Act of 2022.
The Connecticut Data Privacy Act of 2022 provides consumers who are Connecticut residents with specific rights regarding their Personal Information. This section describes your rights under the Connecticut Data Privacy Act of 2022 and explains how to exercise those rights.
|
Right to Access |
You have the right to confirm whether or not we are processing your Personal Data and access such Personal Data. |
|
Right to Correction |
You have the right to correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data. |
|
Right to Deletion |
You have the right to request that we delete Personal Data provided by, or obtained about, you. |
|
Right to Data Portability |
You have the right to obtain a copy of your Personal Data processed by us, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means. |
|
Right to Opt-Out |
You have the right to opt out of the processing of the Personal Data for purposes of:
|
|
Right to Appeal |
We hope that we can resolve any query or concern you raise about our use of your Personal Data. However, if we do not take action on your request to exercise any of your rights, we will inform you without undue delay after the receipt of the request for not taking action. You may appeal any decision we have made about your request by following the instructions in the communication you receive from us notifying you of our decision. |
5. Your Rights Under the Iowa Consumer Data Protection Act of 2023.
The Iowa Consumer Data Protection Act of 2023 provides consumers who are Iowa residents with specific rights regarding their Personal Information. This section describes your rights under the Iowa Consumer Data Protection Act of 2023 and explains how to exercise those rights.
|
Right to Access |
You have the right to confirm whether we are processing your Personal Data and to access such Personal Data. You may exercise this right no more than twice annually. |
|
Right to Delete |
You have the right to request we delete Personal Data provided by you. |
|
Right to Data Portability |
You have the right obtain a copy of your Personal Data that you previously provided to us in a portable and, to the extent technically practicable, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means. |
|
Right to Opt-Out |
You have the right to opt out of the sale of Personal Data. We do not sell your Personal Data. |
|
Right to Appeal |
We hope that we can resolve any query or concern you raise about our use of your Personal Data. However, if we do not take action on your request to exercise any of your rights, we will inform you without undue delay after the receipt of the request for not taking action. You may appeal any decision we have made about your request by following the instructions in the communication you receive from us notifying you of our decision. The Iowa Consumer Data Protection Act of 2023 also gives you right to contact the Iowa Attorney General if you have concerns about the results of your appeal. |
6. Your Rights Under the Utah Consumer Privacy Act of 2022.
The Utah Consumer Privacy Act of 2022 provides consumers who are Utah residents with specific rights regarding their Personal Information. This section describes your rights under the Utah Consumer Privacy Act of 2022 and explains how to exercise those rights.
|
Right to Access |
You have the right to confirm whether we are processing your Personal Data and access your Personal Data. |
|
Right to Delete |
You have the right to delete your Personal Data that you provided to us. |
|
Right to Data Portability |
You have the right to obtain a copy of your Personal Data that you previously provided to us, in a format that:
|
|
Right to Opt-Out |
You have the right to opt-out of the processing of your Personal data for purposes of:
|
7. Your Rights Under the Virginia Consumer Data Protection Act of 2023.
The Virginia Consumer Data Protection Act of 2023 provides consumers who are Virginia residents with specific rights regarding their Personal Information. This section describes your rights and explains how to exercise those rights under the Virginia Consumer Data Protection Act of 2023.
|
Right to Access |
You have the right to confirm whether or not we are processing your Personal Data and to access such Personal Data. You may exercise this right no more than twice annually. |
|
Right to Correction |
You have the right to correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data. |
|
Right to Delete |
You have the right to request we delete Personal Data provided by or obtained about you. |
|
Right to Data Portability |
You have the right to obtain a copy of your Personal Data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means. |
|
Right to Opt-Out |
You have the right to opt out of the processing of the Personal Data for purposes of:
|
|
Right to Appeal |
We hope that we can resolve any query or concern you raise about our use of your Personal Data. However, if we do not take action on your request to exercise any of your rights, we will inform you without undue delay after the receipt of the request for not taking action. You may appeal any decision we have made about your request by following the instructions in the communication you receive from us notifying you of our decision. The Virginia Consumer Data Protection Act of 2023 also gives you right to contact the Virginia Attorney General if you have concerns about the results of your appeal. |
8. How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, please:
Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.
If you choose to contact us directly by email/phone/in writing, you will need to provide us with:
You may use a representative, called an "authorized agent," to submit a request to us. An authorized agent means a natural person, or a business entity registered with the California Secretary of State, that you have authorized to act on your behalf. In order to protect your privacy, Company requires you to confirm that you have provided the authorized agent permission to submit the request and you must provide the authorized agent with signed permission. "Signed" means that the written attestation, declaration, or permission has either been physically signed or provided electronically pursuant to the Uniform Electronic Transactions Act. An authorized agent that has power of attorney pursuant to California Probate Code section 4121 to 4130 must submit proof of statutory power of attorney, but consumer verification is not required. Company may deny a request from an authorized agent that does not submit proof that they have been authorized to act on your behalf. Requests submitted by an authorized agent will still require verification of the person who is the subject of the request in accordance with the process described above.
We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.
Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.