Privacy policy

 Eleni's New York®, recognizes and respects the importance of maintaining the privacy of our customers, registered members ("Members") and users, and has established this Privacy Policy as a result. The purpose of this Privacy Policy is to inform you of:

  • the personal information we may collect from you when you visit our web site, respond to our emails, place orders via mail or fax, or otherwise contact us via telephone, email, fax or mail,
  • why we gather information from you,
  • how we collect it,
  • how we use it, and
  • the choices you have regarding our use of personal information you have provided.

This Privacy Policy is part of the Terms of Use, which governs your use of our web site located at www.elenis.com (Eleni's New York® or the "Web Site"). The Web Site is owned by Eleni's NYC Inc. (the "Company"). This Privacy Policy does not cover information provided to our Company-owned or franchised retail stores.

Note: You must be 18 years or older to use, subscribe or register as a member of Eleni's New York/www.elenis.com®. The Web Site is a general audience site and we do not knowingly collect, maintain or disclose personal information from or about children.

 

WHY DO WE GATHER INFORMATION?

Elenis.com gathers personal information to help improve our products and customer service, to communicate with you, to process your orders, to provide an enhanced and more personalized shopping experience and to inform you, and your gift and message recipients, of special offers and discounts from us, our affiliated brands and selected third parties.

 

WHAT INFORMATION DO WE GATHER?

We collect information through our Web Site, emails, mail, fax, and telephone, including when you:

  • place an order,
  • participate in our forums, surveys, contests, sweepstakes, promotions, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, and membership registrations, and
  • engage in other activities, services, products and resources we make accessible to our customers, members or users.

Depending on how you are interact with us, we collect some or all of the following types of information:

  • your name, address, telephone number, email address,
  • billing information (credit card number, expiration date and billing address),
  • gender and birth date, if you choose to enter such information,
  • products purchased and occasion type (for example, Mother's Day),
  • any promotion code and related information (for example, if you are claiming frequent flyer miles),
  • Message and gift recipients' names, addresses, telephone numbers and email addresses, and
  • other information you provide to us, including User Submissions (defined in the Terms of Use).

Information you provide to us may be collected by us even if an order, registration, or other process is started but not completed or otherwise cancelled. Members may also add to their Address Book the name, address and telephone number of friends or other persons to whom they may wish to send gifts or expressions. Only Members have the right to view and edit their Address Book entries.

 

HOW WE USE "COOKIES" AND "ACTION TAGS".

A "cookie" is a small data file sent to your browser from a web server and stored on your computer. We use cookies to let us know that you are a prior customer, user or Member and to provide certain features to you. Most web browsers allow you to instruct the browser to prevent the use of cookies. However, if you disable this feature, certain aspects of the Eleni's New York® Web Site, such as the shopping basket, may not function properly.

We have relationships with third parties who may receive non-personal information directly from the cookies placed by our Web Site on your computer to assist in analyzing our business and customers.

 

HOW WE USE THE INFORMATION WE COLLECT

We use information we collect to communicate with you, to process your orders, to provide an enhanced and more personalized shopping experience, to inform you and your gift and message recipients of offers and discounts from Eleni's New York® and our affiliated brands and to enable you to receive credits for purchases under loyalty or buying programs which you have joined. In addition, we may make such information (except for credit card number and expiration date, unless you consent otherwise), including aggregated information, available to selected third parties including, but not limited to, those who share or rent information for direct marketing purposes.

However, without your consent, we do not make your gift information or message recipients' email addresses, available to third parties. In addition, you may instruct that other personal information about you or your message or gift recipients' that you have provided to us not be shared with third parties by following the instructions in How to Limit the Use of Personal Information, below.

Our Affiliates, subcontractors, and agents, and any successors to our business (if we ever sell some or all of our business), are not considered to be third parties under this Policy. However, in connection with information collected under this Policy, they are required to comply with this Policy. "Affiliates" are persons or entities directly or indirectly controlling, controlled by, or under common control with Eleni's New York, Inc.

We may combine information we receive from you via our Web Site, emails, mail, fax, and telephone with information from our Affiliates and third parties. We use the combined information to enhance and personalize your shopping experience with us and to communicate with you in accordance with this Privacy Policy.

We reserve the right to disclose information you provide to us as required by law, in response to legal process and law enforcement requests and as necessary or appropriate, in our view, to operate the Web Site, process orders or registrations, to conduct promotions, contests, and sweepstakes you participate in, and to protect the rights or property of the Company, its Affiliates, users, customers, recipients, Members, Sponsors, Providers, Licensors, Merchants and Associates (as these terms are defined in the Terms of Use).

Please note that any personal information you reveal or post on one our public forums (as defined in the Terms of Use), such as a message board, chat room, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, and all User Submissions, are not protected by this Privacy Policy and may be collected, shared and used by us or with third parties, including to contact you. Information you give out or post on our public forums you disclose at your own risk.

 

CONSENT TO TRANSFER AND SUBMISSION

Eleni's New York® is operated in the United States. If you are located outside the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Web Site or otherwise providing us with information, you hereby consent to this transfer.

In addition, if you submit data to us about other individuals (such as your message and gift recipients), you agree that you have obtained consent from each such individual to the submission, transfer and processing of the information. Although personal information collected by us through the Web Site, emails, mail, fax, and telephone is used by us in accordance with this Privacy Policy, laws generally applicable to the protection of personal data in the U.S. may not be as stringent as those in other countries.

 

SECURITY AND PASSWORDS

If you place an order on our Web site, it encrypts the credit card number you submit prior to transmission over the Internet using secure socket layer (SSL) encryption technology.  However, no transmission of data over the Internet or any other network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard personal information once we receive it, we cannot warrant the security of information we receive.

Portions of the Web Site (such as our Member registration and Address Book) may require registration and log-in processes in which you will select a user ID and password (collectively, the "Password"). Passwords provided to you by us are the confidential property of the Company and may be used by you solely for your individual use of the Web Site (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.

 

HOW TO LIMIT THE USE OF PERSONAL INFORMATION

We want to communicate with you only to the extent you want to hear from us. If you prefer not to have personal information collected from you via the Web Site, emails, mail, fax, and telephone shared with third parties, or to set your preferences concerning promotional communications, please follow the directions below.

 

FROM THIRD PARTIES

We do not share emails addresses you provide with third parties without your consent. In addition, if you prefer that other personal information provided by you not be shared with third parties, please let us know by emailing, writing or calling us as described below. Your instructions will be processed as soon as reasonably practicable and in accordance with law.

Emailing us at: sales@elenis.com from the email address which you wish to have removed (i.e. not shared with third parties), and include your postal mailing address in the message; or

Writing us at:
Corporate Headquarters
Eleni's New York
33 Irving Place
3rd Floor
New York, NY 10003

Calling us at: 1-888-435-3647.

(Please, include or tell us your mailing address, and if you have a catalog, brochure or other mailing label from us, please include it with your request or have it ready when you call).

 

FROM OUR AFFILIATES

If you also prefer not to have us provide personal information about you to our Affiliates, please indicate in your email or letter that you wish your instructions to apply to our "Affiliates."

 

CORRECTIONS

If you would like to update or correct information previously provided to us, please send an e-mail with your new information, including your complete name, postal address, and email address to sales@elenis.com.

Members can modify and update their membership information (including name, mailing address, birth date, telephone number and email address) by accessing the password-protected "Update Membership" page.

 

YOUR CONSENT AND CHANGES TO THIS POLICY

Subject to the above provisions, by using our Web Site, you consent to the terms of this Privacy Policy and the Terms of Use, of which this policy is a part. We may change our Privacy Policy from time to time as new features or services are added, suggestions from our customers are incorporated or other changes are made. We will post the revised Privacy Policy on our Web Site at least 30 days prior to their effective date - unless we believe changes must take effect sooner to comply with law or to protect the Company or our customers, users, Members, recipients, Sponsors, Providers, Licensors, Merchants, Associates and Affiliates, in which case the changes will be effective upon posting or as otherwise specified. To see a revised Privacy Policy prior to its effective date (unless it is effective upon posting), click on the following link: Pending Revised Privacy Policy.

The date on which the current Privacy Policy and overall Terms of Use took effect is listed at the top of the Privacy Policy and Terms of Use (see "Last Updated" at the top of each).

In addition, if you would like notice of changes to the Privacy Policy or Terms of Use prior to their taking effect (or upon taking effect, if effective immediately), email us at sales@elenis.com from the email address to which you would like notice sent. By using Eleni's New York®, after such changes take effect, you agree to be legally bound and to abide by the revised Privacy Policy and Terms of Use, of which this policy is a part.

 

YOUR COMMENTS

Eleni's New York® welcomes feedback concerning this Privacy Policy. Please send your comments and questions to sales@elenis.com.

For legal and executional review and adaptation rules and regulations for Year of Cookies contest

 

 

CELEBRATE #COOKIESFORALL WITH ELENI’S

FOR A CHANCE TO WIN FREE COOKIES FOR A YEAR!

WIN ELENI’S COOKIES FOR A YEAR

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. WIN ELENI’S COOKIES FOR A YEAR (the "Promotion") begins (“CT”) on February 3rd 2020. The Promotion contains a game of chance (“Sweepstakes”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion.

 

  1. ELIGIBILITY: The Promotion is open only to legal residents of all 50 states and the District of Columbia, who are at least 18 years of age or older as of date of entry. Employees, officers and directors of Eleni’s (“Sponsor”), VP+C agency, and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies, (collectively, “Promotion Parties”) their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By participating, you agree to these Official Rules and to the decisions of the judges and Sponsor, which are final and binding in all respects.
  2. HOW TO ENTER THE PROMOTION: To enter, visit www.elenis.com/cookiesforayear (the "Website") during the Promotion Period.

 

 

 

ALTERNATE MEANS OF ENTRY: To enter without purchase or without website access, hand-print your full name, full mailing address, email address, phone number, and birth date on a plain 3x5 inch paper. Mail your completed entry to Eleni’s, Attn: Win Cookies for a Year 33 Irving Place Floor 3, NY NY, 10003. Each entry must be mailed separately in a hand-addressed, stamped envelope. No photocopied or mechanically reproduced entries will be accepted. No responsibility is assumed for lost, late, incomplete, illegible, misdirected or postage-due entries. No responsibility is assumed for (i) technical, electronic, telephone, hardware, software or network, computer or data transmission errors, malfunctions or difficulties of any kind or (ii) any incorrect data contained in any sweepstakes entry. Mail-in entries must be postmarked no later than February 20th, 2020 and received by February 25th  2020 to be eligible for the drawing. All entries become the property of Sponsor and will not be returned or acknowledged. Limit of one (1) entry per person, per email address, per phone number, per mailing address throughout the Promotion Period.

 

  1. SWEEPSTAKES DRAWING/ODDS: On or about February 27th, the Administrator will conduct a random drawing from all eligible Entries received within the Promotion Period from each participating location and select One (1) Grand Prize winner per location, Ten (10) total. Odds of winning a grand prize depend on the number of eligible Entries received.
  2. WINNER NOTIFICATION: The potential prize winners will be notified by email and/or phone within two (2) business days of winner selection or as soon as reasonably practicable. Potential winners will have five (5) days to respond to winning notification before forfeiting their prize. Any winner of a prize package valued at $600 or more will be sent an Affidavit of Eligibility/Liability Release via email. All forms must be completed, signed, notarized and returned to Administrator within five (5) days of date of issuance. Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner will be selected from among all remaining entries for that drawing.
  3. PRIZES/PRIZE RESTRICTIONS: One (1) Grand Prize will be awarded during the Promotion. Each Grand Prize consists of:
    • One (1) Year of Free Eleni’s Cookies

 

The Approximate Retail Value (“ARV”) of each Grand Prize is $1200

 

 

PRIZE RESTRICTIONS: Limit of one (1) Promotion Prize per person/per household. All Promotion prizes will be fulfilled approximately four (4) to six (6) weeks after the Promotion has ended. The prize will be added to an account for each winner online monthly, beginning March 2020 and continuing through February 2021. Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes. If any winner is considered a minor in his/her jurisdiction of residence, prize will be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.

 

PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE PROMOTION PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.

 

  1. GENERAL: Each winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and province of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption in the Promotion Parties, including but not limited to the failure or interruption of Facebook or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed in Rule #5. All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. The Promotion Parties reserve the right to cancel or modify the Promotion at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, or corrupted are void and will not be accepted.
  2. CONDUCT: By participating in this Promotion, you agree to be bound by these Official Rules and the decisions of the Promotion Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotion Parties reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
  3. LIMITATIONS OF LIABILITY: The Promotion Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the prizes from among all non-suspect, eligible Entries received for the Promotion up to the time of such action.
  4. RELEASES: All participants, as a condition of participation in this Promotion, agree to release, hold harmless and indemnify the Promotion Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Promotion, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these Official Rules.
  5. CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of New York. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the State of New York. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
  1. PRIVACY:Except as noted in these Official Rules, information collected for this Promotion is used only for the purpose of Promotion administration and winner notification and will not be re-used, sold or shared in any manner by the Promotion Parties or any third parties unless you have elected to receive additional information or promotional material from the Sponsor, or a third party. By participating in the Promotion, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at https://elenis.com/privacy-policy. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.
  1. TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner. A 1099 tax form (preceded by a W9 Form) will be issued to the Grand Prize Winners.
  2. WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt by February 28th 2020 to: Eleni’s, Win Cookies For a Year, 33 Irving Place FL 3, NY NY 10003
  3. SPONSOR & ADMINISTRATOR: Eleni’s, Win Cookies For a Year, 33 Irving Place FL 3, NY NY 10003