Privacy Policy

We at Nightingale Ice Cream (“Company” or “we“) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide to Nightingale and our practices for using, maintaining, collecting, protecting, and disclosing that information.

This policy applies to any information we collect during the course of providing Company services that post a link to this privacy policy, including through the website www.nightingaleicecream.com and its messaging system, mobile and desktop applications, interactions with platforms, loyalty programs and stored value cards (our “Online Services”), as well as the offline collection of information we collect during the course of providing Company services that provides a link or copy to this privacy policy, such as at a Company store (our “Offline Services,” and, collectively, our “Services”).

This policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Online Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By providing information to use or accessing or using our Services, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Online Services are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Online Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information to or on the Online Services or on or through any of its features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: info@nightingaleicecream.com

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Services, including information:

by which you may be personally identified, such as name, postal address, e-mail address, telephone number, IP address, or any other identifier by which you may be contacted online or offline (“personal information“);
that is about you but individually does not identify you; and/or
about your internet connection, the equipment you use to access our Online Services and usage details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, our business partners.

Information You Provide to Us.

The information we collect on or through our Services may include:

Information that you provide by filling in forms in connection with our Services. This includes information provided at the time of making a purchase through the Online Services or subscribing to our customer reward program(s). We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Services.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Services.
Your search queries on the Online Services.
You request for a digital receipt or transaction record.
You provide information regarding yourself or your contacts in connection with discounts or rewards program(s).
You submit information about yourself in connection with potential or prospective employment with the Company.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Online Services, or transmitted to other users of the Online Services or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Online Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Online Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Online Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Online Services.
Information about your computer and internet connection, including your IP address, operating system, and browser type. The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Online Services according to your individual interests.
Speed up your searches.
Recognize you when you return to our Online Services.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Online Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Online Services.
Flash Cookies. Certain features of our Online Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Online Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of our Online Services may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Information We Collect Through Third Parties.

We may, from time to time enter into agreements with third parties to obtain data from consumers provided by other retailers, including, for use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including personal information, order level transaction data, item level transaction data, retail data, mobile application data, and other information relating to purchasing history. Any information provided to us is subject to strict confidentiality requirements of the third party provider and subject to all applicable laws relating to privacy. We use this information to improve our marketing and communications with you.

Third-Party Use of Cookies

Some content or applications, including advertisements, on the Online Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies to collect information about you when you use our Online Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To present our Online Services and their contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Services or any products or services we offer or provide though them.
To allow you to participate in interactive features on our Online Services.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please unsubscribe to our emails or reach out to info@nightingaleicecream.com; provided, however, that unsubscribing from receiving such marketing materials may also impact your eligibility to participate in the Company’s reward program(s). For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect, we receive from third parties, or you provide as described in this privacy policy:

To our subsidiaries and affiliates.
To contractors, service providers, third parties we use to support our business, or other third parties, who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them or the purposes delineated in a contract between the parties.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Nightingale Ice Cream Inc assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Nightingale Ice Cream Inc. about users of our Services is among the assets transferred.
To third parties and data cooperatives for purposes of marketing and to facilitate offers and advertising from others that may interest you. This information may include personal information, order level transaction data, item level transaction data, retail data, mobile application data, and other information relating to purchasing history.
For any other purpose disclosed by us when you provide the information.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Nightingale Ice Cream Inc, our customers, or others.

Information Disclosed In Connection with Business Transactions

Information that we collect from our users, including personal information, is a business asset. If the Company is acquired by a third party as a result of a transaction such as a merger, acquisition, or asset sale or if our assets are acquired by a third party in the even that we go out of business or enter bankruptcy, or in the steps in contemplation of such activities (e.g., due diligence), some or all of our assets, including your personal information any other information we collect, receive or use, as described in this privacy policy, will be disclosed or transferred to a third party acquirer in connection with the transaction. You acknowledge that such disclosures and transfers may occur, and that any acquirer of the Company may continue to use your personal information as set forth in this Privacy Policy.

Third Party Payment Service

We use a third-party payment service to process payments made through the Services, including the Online Services and Offline Services such as in retail locations. If you wish to make a payment through the Services, your personal information will be collected by such third party and not by us, and will be subject to the third party’s privacy policy and terms of use, rather than this Privacy Policy. We have no control over, and are not responsible for, such third party’s collection, use, and disclosure of your personal information.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt out by following the instructions for ‘unsubscribing’ in any marketing communication, or at any other time by sending us an email stating your request to info@nightingaleicecream.com Please note, however, that unsubscribing from marketing materials may also disqualify you from participating in the Company’s reward program(s).
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt out by following the instructions for ‘unsubscribing’ in any marketing communication or at any other time by sending us an email stating your request to info@nightingaleicecream.com

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Accessing and Correcting Your Information

If you participate in the Company’s rewards program(s), you can review and change your personal information by logging into the Online Services and visiting your account profile page.

Your California Privacy Rights

California law allows users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@nightingaleicecream.com or write us at: 2601 Maury Street Building #3, Richmond VA 23224.

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we provide the following details regarding the categories of personal information about California residents that we have collected or disclosed within the preceding 12 months:

We collected the following categories of personal information:

Identifiers, such as name, contact information, and online identifiers;
Personal information, as defined in the California customer records law, such as name, contact information, and financial information;
Characteristics of protected classifications under California or federal law, such as age and gender;
Commercial information, such as transaction information and purchase history;
Internet or network activity information, such as browsing history and interactions with our website or other Online Services;
Geolocation data, such as IP location; and
Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.

Depending on a California resident’s particular interactions and relationship with us, we may not have collected each of the above categories of personal information about each resident.

As described above in “Information We Collect About You and How We Collect It,” we collect the above personal information directly from California residents themselves, as well as from other sources, such as our business partners and other retailers. We use this personal information to operate, manage, and maintain our business, to provide our products and services, and to otherwise accomplish our business purposes and objectives, as described above under “How We Use Your Information.”

We disclosed the following personal information to third parties, such as our service providers and affiliates, for our operational business purposes:

Identifiers, such as name, contact information, and online identifiers;
Personal information, as defined in the California customer records law, such as name, contact information, and financial information;
Characteristics of protected classifications under California or federal law, such as age and gender;
Commercial information, such as transaction information and purchase history;
Internet or network activity information, such as browsing history and interactions with our website and other Online Services;
Geolocation data, such as IP location; and
Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.

Depending on a California resident’s particular interactions and relationship with us, we may not have disclosed each of the above categories of personal information about each resident.

We reserve the right to “sell” personal information for purposes of the CCPA to third parties, such as personal information, information that is about you individually but does not identify you and/or about your internet connection, the equipment you use to access our Services and usage details.

If you are a California resident, you may request that we:

Disclose to you the following information covering the 12 months preceding your request:
- The categories of personal information we collected about you and the categories of sources from which we collected such personal information;
- The specific pieces of personal information we collected about you;
- The business or commercial purpose for collecting personal information about you; and
- The categories of personal information about you that we otherwise shared or disclosed and the categories of third parties with whom we shared or to whom we disclosed such personal information.
Delete personal information we collected from you.

To make a request for the disclosures or deletion described above, please contact us at info@nightingaleicecream.com. We will respond to your request consistent with applicable law.

You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Online Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Online Services like message boards. The information you share in public areas may be viewed by any user of the Online Services.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Online Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures for the Online Services.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting www.nightingaleicecream.com and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: info@nightingaleicecream.com

Nightingale Ice Cream Sandwiches

Attn: Privacy Policy

2601 Maury Street

Building #3

Richmond, VA 23224