Privacy Policy

Effective Date

December 04, 2024

Thank you for visiting this website (this “Site”), which is owned by Wells Enterprises, Inc. (“Wells,” “we,” “us,” or “our”).

Table of Contents

1. Scope of This Policy
2. Your Consent
3. This Policy is Part of Our Terms of Use
4. Types of Information We Collect
5. How We Collect Your Information
6. Information About Third-Party Cookies
7. How We Use Information Collected Through This Site
8. Your Choices
9. How to Access, Update or Correct Your Information
10. Steps We Take to Safeguard your Information
11. How We Share Information With Others
12. Your Rights as a U.S. Resident
13. Children Under the Age of Thirteen
14. Links to Other Sites
15. This Policy May Change
16. Contact Us

1) Scope of This Policy

• online at bombpop.com (the “Site”)
• through the activities of our brand loyalty programs;
• for our sweepstakes, contests and surveys;
• through our registration and event services; and
• any other interaction you may have with us (collectively, “Services”)

• the categories of Personal Information we and our Providers collect;
• how we collect, use and secure this information;
• when we share this information with third parties, including relevant Providers;
• the purposes for which your Personal Information may be used; and
• choices you can make and rights you have about how we collect and use certain information

2) Your Consent

3) This Policy is Part of Our Terms of Use 

4) Types of Information We Collect

1. Personal Information
   
   We collect various types of information about and related to you. In general, we may collect and store “Personal Information” directly (for example, when you create a customer account) or indirectly (for example, when you visit our Site) from you. Personal Information is information that reveals your specific identity or directly relates to you as an individual. Personal Information we collect may include your name, postal address, email address, phone number, IP address, credit and debit card information (and related payment information), account username and password.
   
   
2. Automatically Collected Information

When you use certain Services, we use cookies, web beacons, pixel tags, social media widgets and other automated information collection and tracking technologies to collect and store certain types of Personal Information (“Automatically Collected Information”). More information can be found within our Cookie Notice.

Automatically Collected Information includes:

• Technical information, like your IP (internet protocol) address, the type of browser, device or hardware you are using, including device model, operating system version, unique device identifiers and mobile network information.
• Your interactions with certain Services, like how you use our Site or App, including the time you spend on these Services, the way you navigate through these Services and search terms you enter when using these Services.
• Your interactions with the ads we serve, including through your interaction with our content presented on a third-party website or mobile application.
• Your geo-location, including the general location of your device.

5) How We Collect Your Information

• automatically when you visit our site.
• from you when you provide such information to us.
• through technology-enabled collection and tracking services that allow us to automatically collect certain information when you use our Site or App or interact with our emails, social media or advertisements on our Site, our App or other websites.
• from third party sources, including vendors who perform a business, professional or technical support functions for us.

1. Information You Provide Us
   We receive and collect Personal Information from you when you use our Services, such as in the following circumstances:
   
   • When you create a customer account on our Site, we may collect:
     • identifiers such as your postal address, online identifier, IP address, email address, or account name;
     • Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80 et. seq.) such as your name, alias, telephone number or home address;
     • commercial information such as your purchasing habits and histories;
     • Internet or other similar network activity such as your browsing history, search history, information on your interaction with our Site;
     • geolocation data such as your physical location or movements; or
     • inferences drawn from other Personal Information to reflect your preferences, characteristics, trends or aptitudes.
   • When you participate in customer research and surveys, we may collect:
     • identifiers such as your postal address, online identifier, IP address, email address, or account name; or
     • Personal Information categories listed in the California Customer Records statute such as your name, alias, telephone number or home address.
   • When you participate in sweepstakes or promotions we offer, we may collect:
     • identifiers such as your postal address, online identifier, IP address, email address, or account name; or
     • Personal Information categories listed in the California Customer Records statute such as your name, alias, telephone number or home address.
   • When you subscribe for communications from us, such as promotional emails, we may collect:
     • identifiers such as your postal address, online identifier, IP address, email address, or account name; or
     • Personal Information categories listed in the California Customer Records statute such as your name, alias, telephone number or home address.
   • When you contact us through any method, including by phone, email, web chat and fax, we may collect:
     • identifiers such as your postal address, online identifier, IP address, email address, or account name; or
     • Internet or other similar network activity such as your browsing history, search history, information on your interaction with our Site;
     • Personal Information categories listed in the California Customer Records statute such as your name, alias, telephone number or home address.
   • When you use a third-party website or mobile application (such as a social media platform) in connection with our Services, we may collect:
     • identifiers such as your postal address, online identifier, IP address, email address, or account name; or
     • Internet or other similar network activity such as your browsing history, search history, information on your interaction with our Site;
     • Personal Information categories listed in the California Customer Records statute such as your name, telephone number or home address.
2. Information from Technology-Enabled Collection Services
   
   • Information From Third-Party Social Media Platforms. You may be able to register with, log on to, or enhance your profile on this Site by choosing to automatically populate the requested data fields with information you previously provided to a third-party social media platform (such as Facebook or Twitter). By doing this, you are asking the third-party platform to send us information, including Personal Information, from your profile on that platform.
   • Information from your browser or device. Wells may collect information that is sent to us automatically by your web browser or mobile device. This information typically includes your IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. The information we receive may depend on your browser or device settings.
   • The information we may receive from your web browser and device. We may combine it with other information in an attempt to identify you or we may combine it with information that does identify you. We may also review our server logs for security purposes—for example, to detect intrusions into our network—and we might share our server logs, which may contain visitors’ IP addresses, with the appropriate investigative authorities who could use that information to trace and identify you.
   • Information Collected by Cookies and Other Technologies. A “cookie” is a small file placed on your device when you visit a site that can be understood by the site that issued the cookie. We may use cookies and other technologies to collect information and support certain features of this Site. More information on our use of cookies can be found within our Cookie Notice. For example, we may use these technologies (including third-party cookies, described below) to:
     • collect information about the ways visitors use this Site—which pages they visit, which links they use, and how long they stay on each page;
     • determine how you interact with emails we send to you, including whether you click on any links within the email;
     • support the features and functionality of this Site—for example, to save you the trouble of reentering information or to prompt the settings you established on previous visits;
     • personalize your experience when you use this Site; and
     • improve our marketing efforts, including through use of targeted advertising and email marketing.

6) How We Use Information Collected Through This Site

• to provide the information, products and services you request;
• for security, credit or fraud prevention purposes;
• to provide you with effective customer service;
• to provide you with a personalized experience when you use this Site;
• to contact you with information and notices related to your use of this Site;
• to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
• to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
• to better understand your needs and interests;
• to improve the content, functionality and usability of this Site;
• to improve our products and services;
• to improve our marketing and promotional efforts; and
• for any other purpose identified in an applicable privacy notice, click-through agreement or other agreement between you and us.

7) Your Choices

8) How to Access, Update or Correct Your Information

9) Steps We Take to Safeguard Your Information

• Install the latest security updates and antivirus software on your computer to help prevent malware and viruses;
• Use complex passwords and not using the same password on more than one Site;
• Password protect your computer and mobile device;
• Do not share your passwords with others; and
• Sign out/log off Site sessions to close your session

10) How We Share Information With Others

• As Described in a Privacy Notice. We reserve the right to disclose your information as described in any privacy notice posted on this Site, including this Policy.
• With Third–Party Vendors. Wells shares information collected through this Site with third-party vendors who act on our behalf (“Providers”). For example, we may use third-party vendors to design and operate this Site; to conduct surveys; to perform analytics; and to help us with our promotional efforts. These third-party vendors may need information about you to perform their obligations. Typically, they are required by contract to keep your information confidential and to use it only to provide services on our behalf; however, as described below, we may allow them to use aggregate or de-identified data for their own purposes or to market the products and services of their other clients.
• With Third-Party Social Media Platforms. We may provide functionality on this Site that allows you to automatically post information to a third-party social media platform (such as Facebook, Twitter, or Pinterest). If you choose to take advantage of this functionality, people with access to your profile on the third-party platform will be able to see your post. Thus, you should have no expectation of privacy in those actions. Further, if you choose to link your profile on this Site with an account on a third-party social media platform, we may share the information in your profile with that third-party platform. We may also use platforms provided by companies such as Facebook and Google to offer you interest-based ads. In order to offer these ads, we may convert your email address into a unique value which can be matched by our partner company to a user on their platform. Although we do not provide any Personal Information to these platform vendors, they may gain insights about individuals who respond to the ads we serve.
• Within the Wells and Ferrero Group Corporate Family. The owner and operator of this Site may share information collected through this Site with other companies in the Wells and Ferrero Group corporate structure. These affiliate companies are permitted to use your information for their own marketing purposes and in a manner otherwise consistent with this Policy.
• In Aggregate or De-Identified Form. We may use information collected through this Site to create a compiled, aggregate view of usage patterns. We may share aggregate information with third parties so we and they can better understand our user base. We may also share with third parties information about how particular individuals use this Site, but only on a de-identified basis (“Individualized Data”). Individualized Data is not personally identifiable, but it does reflect the usage patterns of a particular Site user, as opposed to Site users collectively. We may provide basic demographic information (gender and age) in conjunction with providing Individualized Data. Third parties typically use this information for analytical purposes and to market their own products and services or the products and services of their clients.
• With Other, Carefully Selected Business Partners. From time to time, we may share your information with selected third parties for their own marketing purposes. For example, we may partner with third parties to sponsor contests or other promotions, and we may share with these third parties the information you submit to us to participate in the contest or take advantage of the promotion. Before doing so, however, we may offer you the opportunity to “opt out” or “opt in,” as required by applicable law. Data obtained through any SMS or short code text program will not be shared with third parties for their marketing reasons/purposes.
• As Part of a Business Transfer. Your information may be transferred to successor organization if, for example, we transfer the ownership or operation of this Site to another organization if we merge with or are acquired by another organization, or if we liquidate our assets. If such a transfer occurs, the successor organization’s use of your information will still be subject to this Policy and the privacy preferences you have expressed to us.
• To Comply With Laws and Protection of Our Rights and the Rights of Others. We may disclose your information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

11) Your Rights as a U.S. Resident

• A right to confirm whether we process your Personal Information.
• A right to disclosure of the categories of Personal Information collected by us and in some cases, the specific pieces of Personal Information collected by us.
• A right to deletion of Personal Information by us (subject to certain Exceptions outlined below). You have the right to request that we delete any of Personal Information data that we collected from you and retained, subject to certain Exceptions (as listed below). Once we receive and confirm your request, we will delete your Personal Information from our records unless an Exception applies.
• A right to receive Personal Information in a format that will allow its transfer to third parties by you.
• Either limit (opt-out of) or require consent to process sensitive personal data.
• A right to opt-out of:
  • Targeting advertising (excluding Iowa);
  • Profiling in furtherance of decisions that produce legal or similarily significant effects (excluding Iowa and Utah); or
  • the “sale” of Personal Information.
  • Nevada provides its residents with a limited right to opt-out of certain personal information sales. However, please know we do not currently sell data triggering that statute's opt-out requirements.

11.1 Access to Specific Information and Data Portability Rights

• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business and commercial purposes for collecting or selling that Personal Information.
• The categories of third parties with whom we shared that Personal Information.
• The specific pieces of Personal Information we collected about you.
• If we “sold” or disclosed your Personal Information for a business purpose, up to two separate lists disclosing:
  • if we “sold” your Personal Information, “sales”, identifying the Personal Information categories that each category of recipient “purchased”; and
  • if we disclosed your Personal Information, disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

11.2 Deletion Request Rights

• to complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
• to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• to debug products to identify and repair errors that impair existing intended functionality;
• to exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• to comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
• to engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
• to enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• to comply with a legal obligation; or
• to make other internal and lawful uses of that information that are compatible with the context in which you provided it (each an “Exception” and collectively, “Exceptions”).

11.3 Non-Discrimination

• deny you goods or services;
• charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• provide you a different level or quality of goods or services; or
• suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

11.4 Exercising Access, Data Portability and Deletion Rights

• provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and
• describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

11.5 Your Authorized Agent

11.6 Response Timing and Format

12) Children Under the Age of Thirteen

13) Links to Other Site

14) This Policy May Change

15) Contact Us