Privacy Policy

YES LIFE FOODS, INC d.b.a YES Cacao


Privacy Policy

YES Cacao (“YES Cacao,” “we,” “us,” etc.) provides clean, all-natural, wild-harvested chocolates direct to consumers through our Website (https://www.yescacao.com/), online marketplaces, and international distributors and local retailers. YES Cacao also offers resources to those who want to know more about dietary information and general well-being.

When it comes to handling your personal information, we want to assure you that we’re handling it in a responsible way. We want to be as transparent as possible on this front. This Privacy Policy is part of our effort to achieve that.

When you visit the Website to shop for our products, search for recipes, sign up for newsletters, or share your experience using our products, you will share your personal information in various ways. Sometimes we collect it directly from you. Other times, we use technology to automatically collect personal information. Either way, you can be confident that we will handle it consistent with applicable law, and in a manner that respects your rights. We also want to provide you with tools and options that empower you to manage your personal information as you see fit.

This Policy applies to our Website and any sites or products that display these terms. It does not apply to any website, mobile app, service, or product that does not display or link to this Privacy Policy or that contains its own privacy notice. If you do not agree with our policies and practices, please do not use our Website. By accessing the Website or making a purchase directly from us, you agree to this Policy and our Terms of Use. 

Updates

 

This Privacy Policy will be updated to reflect our personal information handling practices. We reserve the right to amend this Policy at any time, for any reason, without additional notice to you, other than through posting the updated Policy on our Website. We invite you to return to this page to ensure you are informed of any updates we make about how we collect, use, and protect personal information. You can see when this Policy was last updated by checking the “last updated” date displayed at the beginning of this Policy.

 

How We Collect Personal Information

 

We, and partners working on our behalf, may collect personal information from you directly or indirectly. When you fill out a form on our Website (to register for an account, for example), you provide personal information directly to us. Other times, personal information is collected automatically as you use or interact with our Website. We also may receive personal information from third parties with whom we work.

We collect personal information when you provide it

When you register for an account with us, you will provide personal information that includes your name, email address, mailing address, and your phone number. If you decide to join the Rewards Program, we may also collect your gender and date of birth.

 

You will create a username and password, information that on subsequent visits helps us confirm your identity and makes it easier to use our Website and make purchases. If you contact us by phone, you may provide personal information we use to answer your questions, resolve problems, or provide you with support. We may also collect personal information from you in person at conferences and events that we attend or sponsor, such as contact information or audiovisual information, which may include recordings of in-person or online events.

 

We may also collect personal information when you provide feedback, product reviews, join our Rewards Program, or send us pictures of yourself enjoying our products – directly or via review submission and social media tags.

 

We collect personal information from third-party sources

We may collect personal information about you from third parties, such as online marketplaces, consumer data providers, and payment processors, or when you use social media networks to log into our services or access our Website. We typically collect name, mailing address, purchase type (one-time or subscription) and relevant payment details from online marketplaces (like Amazon) and payment processors to fulfill your order.

We encourage customers to share their experiences with our products both on our site and social media networks, and may collect any information or data you provide by interacting in our online forums. If you take part in a public conversation, for example, on Facebook, we may collect personal information, such as your name and other information, you have agreed to make available through your agreement with the social network. Another instance where we may collect personal information is when you click “Share This” or “Like” buttons or otherwise use social media buttons or plug-ins.

 

If you decide to invite others to the Services, we will collect your and the other person’s names and email addresses to send an email and follow up with the other person. You agree that you will obtain the other person’s consent before giving us his or her contact information. You also agree that you will not send us the contact information of a minor. We will inform any other person you invite that you gave us his or her information in the invitation email.

 

We collect personal information using automated technologies

We and partners working on our behalf may use log files, cookies, or other digital tracking technologies to collect the following information from the device you use to interact with our Website.

  • Device information: We may track your device information, such as your IP address, device identifiers (mobile phone or computer and operating system), or web browser details.
  • Analytics information: Sometimes personal information is collected by automated technologies and shared with us when visitors navigate through our Website or interact with marketing communications.
  • Diagnostic information: This includes web traffic logs.
  • Advertising information: We, or third parties working on our behalf, may also collect your personal information when you interact with advertisements on our website, or ads that we place on third party websites, from online advertising companies. Please be aware that our advertising partners may collect information about you when you visit third-party websites or use third-party apps. They may use that information to better target advertisements to you on our behalf.
  • Business record information: We may collect records of your purchases of our products or merchandise. We also use cookies to track cart activity as well to determine when a cart has been abandoned and this information is used to determine when to send cart reminder messages via email or SMS/text message.

 

The following is a list of our partners who collect the information described above. Please follow the links to find out more information about the partner’s privacy practices.

 

Partner

Information Type Collected

Adobe Audience Manager

Advertising

Aggregate Knowledge (Neustar)

Advertising

Bing Ads

Advertising

DoubleClick

Advertising

DoubleClick Floodlight

Advertising

Facebook Custom Audience

Advertising

Facebook Connect

Analytics

Google Analytics

Analytics

GoogleAdWords Conversion

Advertising

Google Dynamic Remarketing

Advertising

Google Tag Manager

Diagnostic

Hotjar

Analytics

Klaviyo

Analytics

Pinterest

Advertising 

Pinterest Conversion Tracker

Analytics

Snapchat For Business

Advertising

Steel House Media

Advertising

TradeDesk

Advertising

Yahoo! DOT tag

Advertising

Yahoo! Analytics

Analytics

Yotpo

Analytics

Pagefly.io

Essential

 

How We Use Personal Information

 

We know your personal information is important to you, so we want to be transparent about our use of that information.

 

We also use personal information:

  • For service functionality purposes, such as to provide easier, quicker access to our Website and products, make it convenient to pay for those products, to respond to support requests, and provide you with information about diets and nutritional trends in ways that are useful to you, both through our newsletter and blog posts on the Website.
  • To send marketing communications, newsletters, and recipes through email, once you have subscribed. We may share your information with business partners, online advertising partners, and social media platforms for this purpose.
  • For personalization, by combining personal information from specific customers, allowing us to predict who will find particular products and services most useful, then presenting them with the most relevant and useful information.
  • To provide advertisements through work with our marketing partners that are targeted to you, based on your product purchases and interest.
  • To detect fraud, provide access to and maintain the security and integrity of the Website.
  • To provide updates regarding the Website and marketing information, such as special promotions or surveys, etc.
  • To comply with legal process, such as warrants, subpoenas, court orders, and lawful regulatory or law enforcement requests and to comply with applicable legal requirements and our internal records retention requirements. We also use your information to protect all parties in the event of disputes and to enforce our Terms of Use and this Privacy Policy.
  • For any other legal, business, or marketing purposes that comply with the practices described in this Policy.

 

When We Share Personal Information

 

We do not share your personal information, except as detailed in this Policy. Once your personal information is collected, we may share it with third parties as outlined below.

 

Service providers

 

We engage vendors to perform specific business functions on our behalf, and they may receive information about you from us or collect it directly. These vendors perform functions such as, process payments through our Website, support our marketing and advertising initiatives, keep our Website running securely and effectively, and help us understand which areas of it are most relevant and engaging. The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties. 

 

Business partners

 

From time to time, we may share your contact information with other organizations for marketing purposes.

 

Online advertising partners

 

We partner with companies that assist us in advertising our products, including partners that use cookies and online tracking technologies to collect information to personalize, retarget, and measure the effectiveness of advertising.

 

Social media platforms

If you interact with us on social media platforms, or identify us in your social media feed by tagging us using a hashtag (#) or “at” (@), the platform may be able to collect information about you and your interaction with us. If you interact with social media objects on our Website (for example, by clicking on a Facebook “like” button), both the platform and your connections on the platform may be able to view that activity. We recommend you review the privacy policies of any third-party sites you visit to understand the data collection and practices of that third party.

We may share your feedback publicly

We want to hear how we’re doing. If you have suggestions to improve our products and services, add to our product menu, expand our list of recipes, or for what to include in our newsletters and blogs, we want those as well. We may also share your feedback publicly when we publish your reviews to our website, use unattributed quotes in press releases, and in presentations to our board and/or retail partners.

Our Rewards Program  offers customers discounts through various customer actions, including product reviews on our Website. Please be aware that any feedback relating to our products and services on our Website or social media channels may be publicly shared.

 

We also encourage customers to submit photos of themselves (or just their favorite recipes) using our products, which we believe develops community around better food choices. By submitting a photo to us, we consider this your permission to use it on our Website. If you do not want us to use your image in this way, please do not submit it to us.

Eventual successors may access information

In the event of a merger, acquisition, reorganization, bankruptcy, or other sale of all or a portion of our assets, any customer information owned or controlled by us may be among the assets transferred to third parties as successors in interest. As part of this type of transaction, we reserve the right to transfer or assign your personal information to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred customer information will be subject to this Policy.

We need to comply with legal requirements

We may disclose your information to government authorities or other third parties if any lawful circumstances arise, including when:

  • You have given us permission to share your information.
  • We are required to do so by law, or in response to a subpoena, warrant, court order, or other regulatory or law enforcement requests.
  • We believe, in our sole discretion, that disclosure is reasonably necessary to protect against fraud, or to protect our property or other rights or those of other users of the Website, our employees, third parties, or the public at large.

Third Party Pixels and Cookies

Notwithstanding anything else in this policy, we and/or our partners may use pixels and pixel tags, and place, read or use cookies to collection information from your device and/or Internet browser. These cookies do not contain personally identifiable information, however, it may be possible for our third-party business partners to combine it with other information in order to identify your email address or other personally identifiable information about you. For example, the cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non0human readable form. By using our Service, you agree that us and our third-party partners may store, sell, port, combine with other data, monetize, utilize, and otherwise use either (i) the personally identifiable information about you that we share with them, or (ii) the personally identifiable information they discover and/or identify as described above. Visitors can also express their choices for display advertising, through the following platforms: Digital Advertising Alliance opt-out platform or the Network Advertising Initiative opt-out platform. We and/or our partners may also use cookies for delivering personalized advertising emails. These cookies are used to identify the visitors of our advertisers' websites and send personalized emails based on the visitors' browsing experience. We and/or our partners use cookies, pixels and other tracking technology to associate certain Internet-related information about you, such as your Internet Protocol (IP) address and what Web browser you are using, with certain of your online behaviors, such as opening emails or browsing websites. Such information is used to customize ads or content and may be shared with our partners. 

Security

 

We use a combination of physical, technical, and administrative safeguards to protect the information we collect through the Website. While we use these precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.

 

Other Important Information

 

Data Retention

 

We may store information about you for as long as we have a legitimate business need for it or to comply with legal requirements.

 

Children’s data

Although some of our products may be consumed by individuals younger than 16 years, our Website is not intended for use by anyone that young, nor do we intend for anyone younger than that to purchase products on our Website. We will never knowingly collect personal information from children. If we become aware that personal information of anyone younger than 16 has been provided to us, for any purpose, we will delete the information from our files.

 

 

 

Cross-border data transfer

 

We may collect, process, and store your information in the United States and other countries. The laws in the United States regarding information may be different from the laws of your country. Any such transfers will comply with safeguards as required by relevant law.

 

Sharing of medical or health information

 

To the extent that we receive protected health information about you, that information is subject to electronic disclosure to the extent permitted by applicable law.

 

Your Options and Rights Regarding Your Information

 

We understand that you want to protect and control your personal information. This section details how you may review, update, correct, or delete that information. 

 

Viewing or updating your personal information 

 

You may update your mailing address by accessing your account on the Website. To make other changes to your account, such as updating your name and email, please email us at tribe@yescacao.com with “Updates to Account” in the subject line and include the updates you are requesting. Any requests for us to make changes to your account are subject to our identity verification requirements described below.

 

Deactivating your account

 

You may deactivate your account at any time. To deactivate your account, please send an email to tribe@yescacao.com with “Deactivate Account” in the subject line. Upon receiving your request, we will deactivate your account and delete personal information when allowed or required by applicable law. Any requests for us to deactivate or delete your account are subject to our identity verification requirements described below.

 

Opting out of promotional emails

 

If you do not wish to receive promotional e-mails from us, the easiest way is to click the unsubscribe link at the bottom of a promotional email you received. You also may email us at tribe@yescacao.com with “Unsubscribe” in the subject line. Please keep in mind that you still may receive transactional e-mails from us (such as e-mails related to your account, orders you place, correction of your data, password reset requests, reminder e-mails, and other similar communications) that may be necessary for us to make the Website available to you, process your order, or to respond to your inquiries and support requests.

 

Do-not-track requests

Some Internet browsers offer a “Do Not Track” privacy preference. Generally, when a user turns on the Do Not Track Signal, their browser sends a message to websites requesting that the user not be tracked. Our Website currently does not respond to “Do Not Track” signals.

 

Ad choices

 

You have options to limit the information that we and our partners collect for online advertising purposes.

  • You may disable cookies in your browser or mobile device using their settings menus. Your mobile device may give you the option to disable advertising functionality. Because we use cookies to support Website functionality, disabling or deleting cookies may also disable some elements of our online properties.
  • The following industry organizations offer opt-out choices for companies that participate in them: the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital Advertising Initiative.
  • You may contact us directly.

If you exercise these options, please be aware that you may still see advertising, but it will not be personalized. Nor will exercising these options prevent other companies from displaying personalized ads to you. Please note, if you delete your cookies, you may also delete your opt-out preferences.

 

European Economic Area, Switzerland, and United Kingdom

 

YES Cacao does not target or market the purchase of our products through this Website to individuals in the European Economic Area, Switzerland, and the United Kingdom. We do not intend for our Website to be accessed by anyone in those jurisdictions.  

 

If we begin directing our Website to individuals in those regions, we will update this Policy to ensure we reflect any additional rights reserved under applicable laws. Those updates will be made available within this Policy, in accordance with those regulations.

 

California Consumer Rights

 

The California “Shine the Light” Law

 

California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their own direct marketing purposes in the preceding calendar year. Please contact us to obtain this information.

 

The California Consumer Privacy Act

 

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and disclosure of information about them, as well as rights to know/access, delete, and limit disclosure of personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights.

 

Entities to whom we disclose information for business purposes are service providers, which are companies that we engage to conduct activities on our behalf. Entities to whom we “sell” information are third parties. Under the CCPA, a business “sells” personal information when it discloses personal information to a company for monetary or other benefit. A company may be considered a third party either because we disclose personal information to the company for something other than an enumerated business purpose under California law, or because its contract does not restrict it from using personal information for purposes unrelated to the service it provides to us.

 

The following table summarizes the categories of personal information we collect, the categories of sources of that information, and whether we disclose or sell that information to service providers or third parties, respectively. The categories we use to describe personal information are those enumerated in the CCPA. We collect this personal information for the purposes described in “How We Use Personal Information.”

 

Category

Information Type

Source

We disclose to:

We sell to:

Identifiers

 

  • Contact information or personal characteristics (name; email address; postal address; telephone number)
  • Social media handles

You; our social media pages; third parties

Service Providers; Advertising partners; Business partners

Not sold

 

Health Information

  • Protected health information
  • Physical or mental status or ailments

You

Service Providers

Not sold

Financial Information

  • Payment card data
  • Bank account information
  • Credit information

You

Service Providers

Not sold

Protected Classifications and Other Sensitive Data

  • Date of Birth
  • Gender

You

Service Providers

Not sold

Commercial Information

 

  • Transaction information
  • Billing and payment records
  • Order history

You

Service Providers

Not sold

Biometric Information

  • Fingerprint
  • Voiceprint
  • Facial recognition
  • Eye recognition

Not collected

Service Providers

Not sold

Geolocation Information

  • Coarse (information that describes location at ZIP code-level or less precision)

You; our analytics and advertising partners

Service Providers

Advertising partners (coarse location only)

Internet or Electronic Network Activity Information

  • IP address
  • Device identifier (e.g., MAC)
  • Advertising identifier (e.g., IDFA, AAID)
  • Information provided in URL string (e.g., search keywords)
  • Cookie or tracking pixel information
  • Information about your interaction with our website, app, email correspondence, or products
  • Browsing history
  • Search history
  • Diagnostic information (e.g., crash logs, performance data)

You; our analytics  and advertising partners

Service Providers

Advertising partners

Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information

  • Call recordings
  • Photographs
  • Video

You

Service Providers

Not sold

Professional or Employment-Related Information

  • Current employer
  • Job title

You

Service Providers

Not sold

Education Information

  • Education history
  • Level of education

You

Service Providers

Not sold

Inferences Drawn About You

  • User profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

You; our analytics and advertising partners

Service Providers

Advertising partners

Content of Communications

  • Contents of phone calls, emails, or text messages
  • Photos

You

Service Providers

Not sold

Contacts

  • List of contacts that you supply to us
  • List of contacts we collect from your device with your permission

You

Service Providers

Not sold

 

 

To the extent that we collect personal information that is subject to the CCPA, that information, our practices, and your rights are described below: 

  • You have the right to request access to personal information collected about you and information regarding the source of that personal information, the purposes for which we collect it, and the third parties and service providers with to whom we sell or disclose it.
  • You have the right to request in certain circumstances that we delete personal information that we have collected directly from you.
  • You may request that we do not sell your personal information. To exercise this right, please visit our Do Not Sell My Personal Information webpage or contact us. Please be aware that your right to opt out does not apply to our disclosure of personal information to service providers.
  • You have the right to designate an authorized agent to make a request on your behalf.
  • Please see the “Identity Verification Requirement” section below for more information on our process for verifying we have received a legally valid request.

 

Financial Incentives. Your participation in our Rewards Program is voluntary. If we provide this offer, we will obtain your consent to collect your personal information in connection with your participation. The categories of personal information we collect are Personal Identifiers, Commercial Information, Geolocation Information, Internet or Electronic Network Activity Information, and Contact information, as described in the table above. We use this personal information to facilitate your participation in the program and to market to you.

 

If we run the program jointly with a business partner, we may disclose the information to that business partner. You may opt in to the program using the means we present to you, such as an online registration page, at the time we make the offer. You may opt out of the program at any time by following the instructions in the “Contact Us” section.

 

The program we offer may qualify as a financial incentive program (FIP) under California law. We are required to explain how the value you receive from FIPs is reasonably related to the value that we receive from the Personal Information you provide to us. We use the personal information you provide to calculate your rewards and send you direct marketing emails or text messages. We disclose the Personal Information you provide to business partners because it gives them an opportunity to find new audiences that may like their products. These activities generate revenue for us that we believe is reasonably related to the benefit you receive from participating in the Rewards Program, namely the ability to earn points every time you shop, which you can redeem for savings on future purchases. Our good faith estimate of the value of your Personal Information is 1 point for every 1 dollar spent or 250 points for every 5 dollars spent. You can also earn points by creating an account, following us on Instagram, reviewing a product, providing your birthday, making multiple purchases, enrolling in subscription orders, or when you subscribe to our newsletter. We calculated that market value by performing a good faith, competitive analysis of similar rewards programs. We believe this value is reasonable because it is based on internal data about the value of marketing leads and, if we disclose personal information to business partners, our calculation of the value of personal information as a fraction of the total value of our contract with those business partners. 

 

If you are a California consumer and have additional questions based on this section of our Privacy Policy, email us at tribe@yescacao.com with “Exercise My Rights Under CCPA” in the subject line, or mail us at the address in the “Contact Us” section below. If you are a California resident, you may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf.

 

Nevada

 

Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to third parties. We do not “sell” personal information as defined under Nevada law. If you are a Nevada resident and would like more information about our data sharing practices, please contact us.

 

Identity verification requirement

 

The law requires us to verify that any personal information inquiry was made by someone with the legal right to access that information. Before accessing or disclosing any information pursuant to a data access request, we may request additional information to verify your identity and legal authority, particularly when the information provided with the request is insufficient for us to confirm legal authority and/or identity.

 

To make a request, please contact us at tribe@yescacao.com with “Personal Information Request” in the subject line and provide full details about your request, including your contact information and anything you believe is relevant. We will provide a response to an access request within the timeframes required by law. If we cannot substantively respond in a timely manner, we will notify you and provide the reason for the delay.

 

Under certain circumstances, we may not fulfill your request or may comply with it in a more limited way than you anticipated, such as when doing so would interfere with our regulatory or legal obligations, when we cannot verify your identity, if your request involves disproportionate cost or effort, or when the law allows us to retain that information. But we will respond to your request within a reasonable time, as required by law, and provide an explanation.

 

Contact Us

 

If you have questions about how we handle personal information, please contact us:

 

YES Cacao

1001 Center St. Ste. 14 Santa Cruz, Ca 95060

Email: tribe@yescacao.com