Legal Information
TERMS & SHIPPING:
We guarantee our product will be fresh when it arrives on your door step. We ship UPS, unless otherwise requested. A signature is not required, unless delivered to an apartment or business. We CANNOT deliver items to PO Boxes.
Orders ship out Monday – Thursday, with deliveries of Tuesday – Friday. We CANNOT offer Saturday deliveries, due to delivery restrictions in many areas.
All orders placed Monday - Thursday before 8am ship the same day. All orders placed after 8AM on Thursday will not ship until the following Monday, unless a later delivery date is requested. (Government Holidays can alter this schedule.)
You can specify your desired delivery date during checkout. However, please keep in mind - Mother Nature runs things. She can cause a weather system, which can delay your package AT ANY TIME. So, please allow an extra day or two when selecting your delivery date. If you do not specify a desired delivery date, your order will ship out the next available shipping date.
We ship to the address you provide us. Minor details can be the cause of major stress. Please take a moment to validate that the information you provided is correct (i.e. spelling, apt/suite number, zip code, state, etc.). Penn Cove Shellfish and UPS will NOT be held liable for misrouted packages resulting from incorrect shipping information provided by you.
STATE REGULATIONS:
Texas – Due to state regulations, we cannot ship live Pacific, Olympia and Kumamoto oysters. There are no restrictions on mussels, clams and geoduck.
Hawaii - Mediterranean mussels ONLY & Oysters containing limited to no barnacles.
Please call us direct for more state specific information - (360)678-4803
CONSIDER THIS WHEN PLACING YOUR ORDER
Location: We are located in western part of Washington state. Often, your package has a long way to travel in a very short period of time. While we do not often face extreme weather conditions locally, many of our surrounding areas do. For Example - A weather system in the mid-west can affect your delivery to New York. Please be mindful of this, especially during the colder months and hurricane season, by allowing an extra day in case of delays. If your package is held up along the way due to weather conditions, please inform us or we will inform you, as we track our shipments diligently.
Special Events: When planning your special event, waiting until the last minute is never a good plan. Place your order early to ensure availability and we will arrange specific delivery dates. We can make suggestions for your important event based on the best seasonal selections available.
Holidays: We understand that the season of giving is often a busy and challenging time. Because you are selecting perishable product for your celebration or as a gift, we urge you to notify your recipient and confirm they will be home during the expected delivery time. It can still be an item of surprise, but because a signature is not required (in most cases), some people are not looking for their surprise package and will let the box sit outside for an extended amount of time, leaving the items to spoil.
We are human: We have as many precautions in place as possible, but human error can happen. If you experience the rare occasion of a mistake being made on your order, please reach out to us immediately, and we WILL make it right. Seriously – we lose sleep over dissatisfied customers, so please give us the chance to fix any problems you may have.
REFUNDS, CREDITS AND/CANCELLATIONS
Cancellations: All orders can be canceled before 4:30PM the day before it is scheduled to ship. All modifications and changes to order need 24-hour notice.
Refunds and Credits: We want you to have the best possible experience using our product. If you are concerned with how your product arrived, please call us direct at (360)678-4803. If your order has been packed wrong, gets lost, destroyed, damaged or delivered late we may either refund your money, reship the product, or give you a discount on your next order, depending on your preferences, who made the mistake, and whether it was a complete or partial loss.
We reserve the right to conduct an investigation into claims that are potentially fraudulent. Please do not discard any packaging until you are completely satisfied with the product. On occasion, Penn Cove Shellfish may deem it necessary to have the purchaser provide pictures to better resolve the issue.
For quality and assurance purposes, concerns regarding lost/stolen/damaged packages or product quality concerns must be reported within 24 - 48 hours of receiving product. This allows us to remedy the issue in a timely manner. Complaints received outside this window may not qualify for a refund and may be subject to store credit.
All perishable product is final sale. No returns/exchanges will be accepted.
Returns/Exchanges for nonperishable items (Smoked mussel cans, shucking utensils, clothing items, etc…) are permitted if the product is unused and undamaged. Additionally, return/exchange requests must be submitted to customer service within five (5) days of product receipt. Penn Cove Shellfish will not provide return postage or label(s). The customer is responsible for return packaging and associated shipping fees. Please note that we will not refund/ship a new order until the previous one has been received by us.
PRIVACY NOTICE
Last updated August 12, 2021
INTRO
Here at Penn Cove Shellfish, LLC. we are committed to protecting and respecting the privacy of your personal data. This privacy notice explains how your data is collected, used, transferred and disclosed by boohoo. It applies to data collected when you use our websites, iOS and android applications, when you interact with us through social media, email, or phone, or when you participate in our competitions or events. It covers:
• The personal data we collect
• How we collect your data
• How we use your data
• Marketing preferences, adverts and cookies
• Links to other websites and third parties
• How we share your data
• Your rights
• Changes to this privacy notice
• How to contact us
OUR COMMITMENT TO YOU
We take the protection of your personal data seriously and will process your personal data fairly, lawfully and transparently. This privacy notice describes the personal data we are collecting about you and how it is used.
We will only collect and use your personal data for the following purposes, to:
• fulfill your order(s)
• keep you up to date with the latest offers and trends
• give you a better shopping experience
• help us to make our marketing more relevant to you and your interests
• improve our services
• meet our legal responsibilities
HOW WE KEEP YOUR DATA SAFE & SECURE
We have appropriate organizational safeguards and security measures in place to protect your data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.
The communication between your browser and our website uses a secure encrypted connection wherever your personal data is involved.
We require any third party who is contracted to process your personal data on our behalf to have security measures in place to protect your data and to treat such data in accordance with the law.
In the unfortunate event of a personal data breach, we will notify you and any applicable regulator when we are legally required to do so.
THE PERSONAL DATA WE COLLECT
Personal data means any information about an individual from which that person can be identified. It does not include anonymity data, where the identity and identifying information has been removed.
While our website is designed for a general audience, we will not knowingly collect any data from children under the age of 13 or sell products to children. If you are under the age of 13, you are not permitted to use or submit your data to the website.
The following groups of personal data are collected:
Identity Data includes information such as: first name, last name, title, date of birth (optional), personal description, photo and gender.
Contact Data includes information such as: email address, billing address, delivery address, location, country, telephone number, loyalty program membership number, and social media id (if you log in by social media).
Financial Data includes information such as: payment card details and bank account.
Transaction Data includes information such as: details of your purchases and the fulfillment of your orders (such as basket number, order number, subtotal, title, currency, discounts, shipping, number of items, product number, single item price, category, tax etc.); payments to and from you and details of other products and services you have obtained from us, correspondence or communications with you in respect of your orders, and details of any rewards and bonuses awarded.
Technical Data includes information such as: details of the device(s) you use to access our services, your internet protocol (IP) address, login data, your username and password, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform.
Profile Data includes information such as: purchases or orders made by you, product and style interests, preferences, feedback, and survey responses.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
HOW WE COLLECT YOUR DATA
We may collect personal data about you in the following ways:
Direct interactions – you may give us your Identity, Contact, Financial, Transaction, Profile, and Marketing and Communications data (as described above) by filling in forms, entering information online or by corresponding with us by post, phone, email, telephone or otherwise. This includes personal data you provide, for example, when you:
- Create an account or purchase products on our website;
- Subscribe to our newsletter, discussion boards, social media sites or create wish lists;
- Enter a competition;
- Join a Penn Cove Shellfish email list;
- Complete a voluntary market research survey;
- Contact us with an inquiry or to report a problem (by phone, email, social media, or messaging service);
- When you log in to our website via social media.
Automated technologies or interactions – as you interact with our website, we may automatically collect the following types of data (all as described above): Technical Data about your equipment, Usage Data about your browsing actions and patterns, and Contact Data where tasks carried out via our website remain uncompleted, such as incomplete orders or abandoned baskets. We collect this data by using cookies, server logs and other similar technologies. Please see our Cookies.
Third parties – we may receive personal data about you from various third parties, including:
- Technical Data from third parties, including analytics providers such as Google. Please see further information in the section entitled ‘Marketing preferences, adverts and cookies’.
- Technical Data from affiliate networks through whom you have accessed our website;
- Identity and Contact Data from social media platforms when you log in to our website using such social media platforms;
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
- Identity and Contact data from third parties, including organizations (including law enforcement agencies), associations and groups, who share data for the purposes of fraud prevention and detection and credit risk reduction;
HOW WE USE YOUR DATA
The legal basis for processing your personal data
We will only collect and process your personal data where we have a legal basis to do so. As a data controller, the legal basis for our collection and use of your personal data varies depending on the manner and purpose for which we collected it.
We will only collect personal data from you when:
- we have your consent to do so, or
- we need your personal data to perform a contract with you. For example, to process a payment from you, fulfill your order or provide customer support connected with an order, or
- the processing is in our legitimate interests and not overridden by your rights, or
- we have a legal obligation to collect or disclose personal data from you.
HOW LONG WE KEEP YOUR DATA FOR
We will keep your personal data for no longer than is necessary for the purpose(s) it was provided for and to meet our legal obligations. Further details of the periods for which we retain data are available on request.
MARKETING PREFERENCE, ADVERTS & COOKIES
Marketing - your preferences
We may send you marketing communications and promotional offers:
• if you have opened an account with us or purchased goods from us, or registered for a promotion or event, and you have not opted out of receiving that marketing (in accordance with your preferences, as explained below);
• by email if you have signed up for email newsletters;
• if you have provided us with your details when you entered a competition and you have consented to receiving such marketing (in accordance with your preferences, as explained below).
We may use your Identity, Contact, Technical, Transaction, Usage, Profile Data and Marketing and Communications Data to form a view on what we think you may like, or what may be of interest to you, and to send you details of products and offers which may be relevant for you.
We will ask you for your preferences in relation to receiving marketing communications by email, post, SMS and other communication channels.
From time to time we may also include with your order, inserts advertising goods, services or offers from other third-party companies that you may be interested in.
In respect of third party marketing communications, we will obtain your express opt-in consent before we share your personal data with any third party for marketing purposes.
You will always have full control of your marketing preferences. If you do not wish to continue receiving marketing information from us (or any third party, if applicable) at any time:
• you can unsubscribe or ‘opt-out’ by using the unsubscribe button and following the link included in the footer of any marketing email; or
• account holders may withdraw their consent by simply logging in to ‘My Account’ and editing your ‘Contact Preferences’.
We will process all opt-out requests as soon as possible, but please note that due to the nature of our IT systems and servers it may take a few days for any opt-out request to be implemented. Please be aware that opting out on one of our Services, does not opt you out from any of our other Services unless that option is specifically provided. Please note that despite unsubscribing from such communications, Nasty Gal may still contact you in relation to your order(s), purchase(s) or any issues relating any business you conduct with Penn Cove Shellfish, LLC.
ONLINE ADS
We use online advertising to keep you aware of what we’re up to and to help you find our products. Like many companies, we may target Penn Cove Shellfish banners and ads to you when you use other websites and apps, based on your Contact, Technical, Usage and Profile Data. We do this using a variety of digital marketing networks and ad exchanges, and a range of advertising technologies such as web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks, such as Facebook’s Custom Audience Service.
OUR USE OF ANALYSIS & TARGETING TOOLS
We use a range of analytics and targeted advertising tools to display relevant website content on our website and online advertisements on other websites and apps (as described above) to you, deliver relevant content to you in marketing communications (where applicable), and to measure the effectiveness of the advertising provided. For example, we use tools such as Google Analytics to analyze Google's interest-based advertising data and/or third-party audience data (such as age, marital status, life event, gender and interests) to target and improve our marketing campaigns, marketing strategies and website content. We may also use tools provided by other third parties, such as Facebook, AdRoll, Instagram, and Bing to perform similar tasks, using your Contact, Technical, Usage and Profile Data.
In order to opt out of targeted advertising you need to disable your ‘cookies’ in your browser settings (see Cookie Policy for details) or opt-out of the relevant third-party Ad Settings. For example, you can opt-out of the Google Display Advertising Features using their Ad Settings. As an added privacy measure, you can also use the Google Analytics opt-out browser add on.
The Digital Advertising Alliance (which includes companies such as Google and Facebook) provides a tool called WebChoices that can perform a quick scan of your computer or mobile devices, find out which participating companies have enabled customized ads for your browser, and adjust your browser preferences accordingly.
If you would like any further information about the data collected by these third parties or the way in which the data is used, please contact us.
YOUR RIGHTS
You have several rights under the data privacy legislation. This includes, under certain circumstances, the right to:
• request access to your personal data
• request correction of your personal data
• request erasure of your personal data
• request restriction of processing of your personal data
• request the transfer of your personal data
• object to processing of your personal data
• request human intervention for automated decision making
Brief details of each of these rights are set out below. If you wish to exercise any of these rights, please email us at info@penncoveshellfish.com.
CHANGES TO THE PRIVACY NOTICE
From time to time we may change this privacy notice. If there are any significant changes we will post updates on our website, applications or let you know by email.