Privacy policy

Last updated: May 01, 2024

1.- Acceptance of Privacy Policy

Welcome to Club Moment Café, LLC (“Club Moment Café” “we” or “us”) and our Privacy Policy (“Privacy Policy”). This Privacy Policy is important and affects your legal rights and describes how Club Moment Café (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from the site.

Please read this Privacy Policy carefully. By accessing or using clubmomentcafe.com you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Club Moment Café services.

2.- Information We Collect

2.1- Personal Information We Collect

We receive personal information as described to you at the point of collection, pursuant to your consent, and/or when you voluntarily provide us with personal information, including when you register for a Club Moment Café account, sign up for a subscription, subscribe to a newsletter or email list or purchase coffee made available through the Club Moment Café site, including:

(1) individual information (such as your e-mail address and phone number when you place an order for our coffee)

(2) company information (such as your company’s address if you place a corporate order for our coffee); and

(3) other identifying information that you voluntarily choose to provide to us, including without limitation unique identifiers such as passwords and personal information in messages you send to us in connection with your orders.

We may also collect additional information, which may be personal information, as otherwise described to you at the point of collection or pursuant to your consent.

2.2 Information

We Automatically Collect When You Use Our Site In order to access and use certain areas or features of the Club Moment Café site, you consent to our collection and use of certain information about your use of the Club Moment Café site through the use of tracking technologies or by other passive means. Your consent to our access and use of this “passively collected” information includes, but is not limited to, the domain name of the website that allowed you to navigate to the Club Moment Café site, search engines used, the internet protocol (IP) address used, the length of time spent on the Club Moment Café site, the pages you looked at on the Club Moment Café site, other webpages you visited before and after visiting the Club Moment Café site, the type of device and/or internet browser you have, the frequency of your visits to the Club Moment Café site, and other relevant statistics (collectively “Traffic Data”).

3. How We Collect Information

We collect information (including personal information and Traffic Data) when you use and interact with the Club Moment Café site, and in some cases from third party sources. Such means of collection include: When you access, use, or contact us through the Club Moment Café site. When you voluntarily provide information through the Club Moment Café site. If you use a location-enabled browser, we may receive information about your location and device. Through Cookies, Web Beacons, analytics services, and other tracking technologies (collectively, “Tracking Tools”).

4. Tracking Tools, Behavioral Advertising, and Opt-Out Options 1 Tracking Tools

4.1 Tracking Tools

We may use tools outlined below in order to provide the Club Moment Café site, advertise to, and better understand users.

Cookies: “Cookies” are small computer files transferred to your device that contain information such as user ID, user preferences, lists of pages visited, and activities conducted while using the Club Moment Café site. We use Cookies to: (i) improve and tailor the Club Moment Café site, (ii) customize advertisements, (iii) measure performance, (iv) store authentication so re-entering credentials is not required, (v) customize user experiences, and for (vi) analytics and fraud prevention. For more information on Cookies, including how to control your Cookie settings and preferences, visit http://www.allaboutCookies.org You can also manage Cookies in your web browser (for example, Edge, Explorer, Chrome, Safari). If you choose to change your settings, you may find that certain functions or features of the Club Moment Café site will not work as intended. The following details the types of Cookies we use and why we use them:

Absolutely Necessary Cookies. These Cookies are essential to enable you to move around a website and use its features. Without these Cookies, services you have asked for, like adding items to an online order, cannot be provided.

Performance Cookies. These Cookies collect information about how you use the Club Moment Café site. Information collected includes, the Internet browsers and operating systems used, the domain name of the website previously visited, the number of visits, average duration of visit, and pages viewed. These cookies do not collect information that personally identifies you; they only collect aggregated and anonymous information. Performance Cookies are used to improve the user-friendliness of a website and enhance your experience.

Functionality Cookies. These Cookies allow the Club Moment Café site to remember choices you make (such as your username, language preference, or the area or region you are in) and provide enhanced, more personal features. These Cookies can also be used to remember changes you have made to text size, fonts, and other customizable parts of the Club Moment Café site. The information these Cookies collect may be anonymized, and they cannot track your browsing activity on other websites.

Web Beacons: “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files embedded in a web page or email that may be used to collect information about the use of the Club Moment Café site. The information collected by Web Beacons allows us to analyze how many people are using the Club Moment Café site, using selected publishers’ websites, or opening emails, and for what purpose.

Web Service Analytics:  We may use third-party analytics services in connection with the Club Moment Café site, including, for example, to register mouse clicks, mouse movements, scrolling activity, and text typed into the Club Moment Café site. We use the information collected from these services to help make the Club Moment Café site easier to use and as otherwise set forth in Section 5 (How We Use Your Information). These analytics services generally do not collect personal information unless you voluntarily provide it.

Mobile Device Identifiers:  As with other Tracking Tools, mobile device identifiers help Club Moment Café site learn more about our users’ demographics and Internet behaviors in order to personalize and improve the Club Moment Café site. Mobile device identifiers are data stored on mobile devices that may track activities occurring on and through it, as well as the applications installed on it.  Mobile device identifiers enable the collection of personal information (such as media access control, address, and location) and Traffic Data.

4.2 Behavioral Advertising

We may use a type of advertising commonly known as interest-based or online behavioral advertising.  This means that some of our partners use Tracking Tools to collect information about a user’s online activities to display Club Moment Café ads to the user based on the user’s interests (“Behavioral Advertising”). Our partners may include third-party advertisers and other third-party service providers, and such partners may collect information when you use the Club Moment Café site, such as IP address, mobile device ID, operating system, and demographic information. These Tracking Tools help Club Moment Café learn more about our users’ demographics and Internet behaviors.

4.3 Options for Opting out of Cookies and Mobile Device Identifiers

If we process Cookies based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any point in time by contacting us at Retail@counterculturecoffee.com. Please note, if you exercise this right, you may have to provide your consent on a case-by-case basis to enable you to utilize some or all of the Moment Café site.

You may be able to reject Cookies and/or mobile device identifiers by activating the appropriate setting on your browser or device. Although you are not required to accept Club Moment Café’s Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Club Moment Café site.

-You may opt out of receiving certain Cookies by visiting the Network Advertising Initiative (NAI) opt-out page or the Digital Advertising Alliance (DAA) opt-out page, or by installing the DAA’s AppChoice app (for iOS; for Android) on your mobile device. When you use these opt-out features, an “opt-out” Cookie will be placed on your device indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete Cookies on your device, you may need to opt-out again. For information about how to opt out of interest-based advertising on mobile devices, please visit http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device. You will need to opt out of each browser and device for which you desire to apply these opt-out features.

-Even after opting out of Behavioral Advertising, you may still see Club Moment Café advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Club Moment Café is no longer using Tracking Tools. Club Moment Café still may collect information about your use of the Club Moment Café site even after you have opted out of Behavioral Advertising and may still serve advertisements to you via the Club Moment Café based on information it collects through the Club Moment Café site.

This Privacy Policy does not cover the use of Cookies and other Tracking Tools by any third parties, and we are not responsible for the privacy practices of any third party. Please be aware that some third-party Cookies can continue to track your activities online even after you have left the Club Moment Café site.

4.4 “Do Not Track” (DNT) and Universal Opt-Out Preference Signals

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

New standards are being developed for a Universal Opt-Out Mechanism, such as the Global Privacy Control (GPC), which allows users with GPC-enabled browsers and devices to send a signal that will communicate the user’s request to opt-out of sales of their personal information and to opt-out of certain sharing of their personal information. The CPRA and other laws allow for the acceptance of Opt-Out Preference Signals, such as the GPC, as an option for users to transmit an Opt-Out of selling/sharing personal information. If we detect and recognize such a signal from your device or browser, we will honor it.

5.-How We Use Your Personal Information

• Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and to enable you to post reviews.
• Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites.
• Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.
• Communicating with you. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.

6.- How We Disclose Personal Information

In certain circumstances, and in order to perform the Club Moment Café, we may disclose certain information about you as described in this section: 

• With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
• With business and marketing partners, including Shopify, to provide services and advertise to you. For example, we use Shopify to support personalized advertising with third-part services. Our business and marketing partners will use your information in accordance with their own privacy notices.
• When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship your products or through your use of social media widgets or login integrations, with your consent.
• We may transfer your personal information to another company in connection with a proposed merger, sale, acquisition, or other change of ownership or control by or of Club. Moment Café (whether in whole or in part). We will make reasonable efforts to notify you before your information becomes subject to different privacy practices.
• We also may need to disclose your personal information or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with or fulfill our obligations under applicable law; (2) protect the rights, property or safety of you, Club Moment Café or another party; (3) enforce this Privacy Policy or other agreements with you; or (4) respond to claims that any posting or other content violates third-party rights.

We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.

7.- Security and Retention of Your Information

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes, or enforce other applicable contracts and policies.

8.- Your Rights and Choices

8.1 Information You Provide

You can choose whether or not to provide personal information through the Counter Culture Services. We will not discriminate against you for exercising any of your rights relating to your personal information and will not (i) deny you goods or services, (ii) provide you with a different level or quality of services, or (iii) charge you different prices for services for doing so.

8.2 California Privacy Rights

In the preceding 12 months, we collected and disclosed for a business purpose the following categories of personal information about California consumers:

Purposes for Collection, Use, and Sharing. We use and disclose the personal information we collect for our commercial purposes, as further described in this Privacy Policy, including for our business purposes with our partners and service providers as follows:

-Legal compliance and auditing related to our interactions with you.

-Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and exercising our related rights.

-Performing and improving our services (by us or our service provider(s)).

-Internal operations.

-Other one-time or short-term uses.

Your Rights. If you are a California resident, you may have the following rights under the CCPA/CPRA in relation to personal information we have collected about you, to the extent required by the CCPA/CPRA and subject to verification:

Right to Know/Access: The right to request certain information about our collection and use of personal information about you as described below:

-The specific pieces of your personal information collected.

-The categories of your personal information collected. The categories of sources from whom your personal information is collected.

-The purpose for collecting your personal information.

-The categories of third parties with whom we have shared your personal information.

Right to Delete: The right to request that we delete certain personal information we have about you.

Freedom from Discrimination: You have the right to be free from unlawful discrimination for exercising any of your privacy rights.

Right to Correct: You have the right to request that we correct inaccurate personal information regarding the information you provide us.

Right to Restrict the Use of Sensitive Personal Information: You have the right to restrict the use of your sensitive personal information.

Right to Access Information on Automated Decision-Making: You have the right to access information collected through automated decision-making. Additionally, you can opt-out of our use of automated decision-making related to your personal information.

To make a request in relation to the above rights, please contact us using the information in Section 14 below. To fulfill your request, we will need to verify your identity. Only you or someone legally authorized to act on your behalf may make a request related to your personal information. To designate an authorized agent, the authorized agent must provide sufficient information that allows us to reasonably verify that you authorize them to act on your behalf.

9.- Children’s Data

The Club Moment Café are not intended for use by children. Individuals under the age of 18 may not use the Club Moment Café site. Club Moment Café does not knowingly collect any information from children. If you are under 18, do not attempt to register for the Club Moment Café or send us any personal information. By accessing, using and/or submitting information through the Club Moment Café site, you represent that you are not younger than 18 and that you have authority to do so. If you are a parent or legal guardian of a minor child, you may, in compliance with this Privacy Policy, use the Club Moment Café site on behalf of such minor child. Information you provide through the Club Moment Café site on behalf of a minor child will be treated as personal information as provided herein. If you use the Club Moment Café site on behalf of another person, regardless of age, you represent and warrant that you have authority to do so.

10.- Third Party Websites and Links

The Club Moment Café site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services. We encourage you to ask questions before you disclose your information to others.

11.- User Generated Content

The Services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.

We do not control who will have access to the information that you choose to make available to others and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.

12.- Changes

The effective date of this Privacy Policy is set forth at the top of this webpage. We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. We encourage you to periodically review this page for the latest information on our privacy practices. Any amended Privacy Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE CLIENT SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

Contact

Should you have any questions about this Privacy Policy, or if you would like to exercise any of the rights available to you, please email us at customersupport@clubmomentcafe.com 

Last updated: 05/01/2024