Last updated June 7, 2024

Supplemental Privacy Notice For Nevada Residents

Supplemental Privacy Notice For California Residents

The owner of Berly’s Kitchen, (“we” or “us” or “our”), Berly’s Kitchen, LLC, respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website (http://www.BerlysKitchen.com/) or any other media form, media channel, or mobile website related or connected thereto (collectively, the “Site”). Please read this Privacy Policy carefully.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE SITE.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.

COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect on the Site includes:

Personal Data

Personally identifiable information, such as your name, address, and email, as well as demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you choose to participate in various activities related to the Site, such as purchases, newsletter subscriptions, downloads, and website comments. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site.

Derivative Data

Information our servers may automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.

Data From Contests, Giveaways, and Surveys

Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.

USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:

  • Administer sweepstakes, promotions, and contests.
  • Fulfill product requests.
  • Compile anonymous statistical data and analysis for use internally or with third parties.
  • Deliver targeted advertising, coupons, newsletters, promotions, and other information regarding the Site to you.
  • Allow comments on the Site.
  • Send you a periodic digital newsletter when voluntary registering to receive one.
  • Increase the efficiency and operation of the Site.
  • Monitor and analyze usage and trends to improve your experience with the Site.
  • Notify you of updates to the Site.
  • Offer new products, services, and/or recommendations to you.
  • Perform other business activities as needed.
  • Request feedback and contact you about your use of the Site.
  • Resolve disputes and troubleshoot problems.

DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and privacy risk reduction.

Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

We currently use Flodesk for delivery of email updates and newsletters. The Mailchimp service will store your name and email address for purposes of delivering such communications. Please refer to the Flodesk privacy policy for further information.

Microsoft Clarity

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

Online Postings

When you post comments, contributions, or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.

Business Partners

We may share your information with our business partners to offer you certain products, services, or promotions you may enjoy.

Other Third Parties

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

Sale or Bankruptcy

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

TRACKING TECHNOLOGIES

Cookies, Web Beacons, and Tracking Pixels

We use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. When you access the Site, your personal information may be collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Site. You may not decline web beacons; however, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

Periodically, we may need to include a tracking pixel to monitor the effectiveness of information or materials we share. For example, you may subscribe to our newsletter, which may be used for advertising purposes. Newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows for an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Site to adapt the content of future newsletters to the interests of the user.

Internet-Based Advertising

We use third-party software from Raptive to serve ads on the Site. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. Please refer to the Raptive Privacy Policy for more information. For more information about opting out of internet-based ads, visit the third-party network or review Digital Advertising Alliance Opt-Out Tool.

Website Analytics

We also partner with selected third-party vendors, such as Google Analytics,  to allow tracking technologies and remarketing services on the Site through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policies and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or review Digital Advertising Alliance Opt-Out Tool.

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

Sponsored Content

We may provide sponsored content in which we are compensated for recipe development, product reviews, and other work. Sponsored content on the Site may contain separate tracking pixels. The pixel may be embedded in emails or blog posts and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you click on a specific link, open an email, and which links within the email you click. Also, this allows us to adapt the content of future posts to the interests of the user. This behavior may be passed on to third parties.

THIRD-PARTY WEBSITES

The Site contains links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site.

The Site engages in affiliate marketing, which is done by embedding tracking links into the Site. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and providing links to products or services available from Amazon.com. As part of this Amazon Associates program, the Site may post customized links, provided by Amazon, to track the referrals to the Amazon listing. This affiliate program utilizes cookies to track visits for the purposes of assigning commission on these sales.

We are a participant in the CJ Affiliate Program. By clicking on select links, you will be transferred to a third party from which you can make a purchase. CJ utilizes cookies to track visits for the purposes of assigning commission on these sales. Please refer to the CJ privacy policy for more information.

We are a participant in the Instacart Affiliate Program. By clicking on select links, you will be transferred to a third party from which you can make a purchase. Instacart utilizes cookies to track visits for the purposes of assigning commission on these sales. Please refer to the Instacart privacy policy for more information.

Berly’s Kitchen may also participate in other non-specified affiliate programs, which have the capability to track the referrals to their websites and utilize cookies to track visits for the purposes of assigning commission on these sales.

SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

RIGHTS RELATED TO YOUR PERSONAL INFORMATION

Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at Kimberly at berlyskitchen.com.

For all other requests, please contact us at Kimberly at berlyskitchen.com.

The General Data Protection Regulation or “GDPR” gives certain rights to individuals in relation to their personal data. In addition, we offer transparency and access controls to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:

  • Right of access – the right to be informed of, and request access to, the personal data we process about you;
  • Right to rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;
  • Right to erasure – the right to request that we delete your personal data;
  • Right to restrict – the right to request that we temporarily or permanently stop processing all or some of your personal data;
  • Right to object –
    • the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
    • the right to object to your personal data being processed for direct marketing purposes;
  • Right to data portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
  • Right not to be subject to automated decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

You may also contact us at Kimberly at berlyskitchen.com and inform us of your desire to exercise your rights. We will reply with further instructions to verify your identity and provide details regarding the process. Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Site. This includes your social security number, information regarding race or ethnic origin, political affiliation or opinions, religious beliefs, health information, criminal background, or other sensitive personal information. If you elect to submit such information to us, it will be subject to this Privacy Policy.

POLICY FOR CHILDREN

The Site is designed for those 18 years of age or older. Visitors under the age of 18 must have permission from their parent or guardian to use certain features of our Site. We do not knowingly collect any personally identifiable information from anyone under the age of 18. We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us at Kimberly at berlyskitchen.com.

CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have provided your personal information with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include sufficient detail about the public post(s) and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems, nor can we guarantee any cached or archived version of the site will remove such data.

The California Consumer Privacy Act (CCPA), enacted in 2018, creates new consumer rights relating to the access to, deletion of, and sharing of personal information that is collected by businesses. While we do not sell your information to any third party, we may partner with third-party service providers and affiliate partners who may gain access to your information through the use of beacons, tracking pixels, or cookies as provided in this Privacy Policy. If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our Supplementary Privacy Notice for California Residents.

Raptive Advertising

Advertising.

This Site is affiliated with CMI Marketing, Inc., d/b/a Raptive (“Raptive”) for the purposes of placing advertising on the Site, and Raptive will collect and use certain data for advertising purposes. To learn more about Raptive’s data usage, click here: https://raptive.com/creator-advertising-privacy-statement/

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us at Kimberly at berlyskitchen.com.