California Privacy Notice

Privacy Notice for California Residents

For residents of the State of California (“consumers” or “you”), this Privacy Notice for California Residents (this “Notice”) supplements the information contained in the Privacy Policy available on the website or mobile application from which you accessed this Notice (the “Site”), and in any other privacy notice we provided to you at the point where we collect your personal information. California’s Consumer Privacy Act of 2018 (the “CCPA”) requires that we tell you about the categories of personal information collected by Marley Lilly LLC, and its affiliates (the “Company,” “we”, “us” or “our”), the sources from which we collect personal information, the categories of your personal information that we share, and the kinds of third parties with whom we share your personal information. We have set out that information in this Notice to comply with the CCPA and any terms defined in the CCPA have the same meaning when used in this Notice.

Please note that this Notice does not apply to personal information that we collect from employees or job applicants, or from owners, directors, officers, or contractors of the Company in the course of our provision or receipt of business-related services.

  1. Data Collection, Sources and Uses of Data, and Data Sharing

    The Company collects information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household (“personal information” or “PI” as defined by CCPA). In particular, we collect the categories of personal information specified below. The Company may use, share, or disclose these categories of personal information for one or more of the following business or commercial purposes. In addition, the chart below shows the sources from which we collect this information, and the third parties with whom we share it for the listed purposes. We do not knowingly collect personal information from minors under 16 years of age.

    Category Examples of PI Collected Sources of PI Purposes for PI Collection Categories of Recipients
    Identifiers Name, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, telephone number, MAC Address, or other similar identifiers.
    • You (directly).
    • Service providers.
    • Facilitating and personalizing your user experience.
    • Responding to your requests and inquiries.
    • Processing your transactions.
    • Enabling online ordering and delivery.
    • Personalizing your consumer experience and delivering content and product and service offerings relevant to your interests, including targeted offers and ads through our Site and via email.
    • Conducting contests and processing prizes.
    • Monitoring and analyzing trends, usage, and activities of visitors and users of the Site.
    • Improving the Site.
    • Complying with applicable laws, regulations, or legal process as well as industry standards and our company policies.
    • Preventing, investigating, identifying, or taking any other action with regard to any suspected or actual fraudulent or illegal activity, or activity that violates our policies.
    • Service providers.
    • As directed by you.
    • Social networks, like Facebook (if you choose to link your user account to, or access your user account through, such social network).
    • To a third party in the course of a merger or acquisition of some or all of our business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets or business that may be transferred.
    Categories Listed in the California Customer Records Statute Name, signature, address, telephone number, email address, bank account number, credit card number, or any other financial information.
    • You (directly).
    • Service providers.
    • Facilitating and personalizing your user experience.
    • Responding to your requests and inquiries.
    • Processing your transactions.
    • Enabling online ordering and delivery.
    • Complying with applicable laws, regulations, or legal process as well as industry standards and our company policies.
    • Preventing, investigating, identifying, or taking any other action with regard to any suspected or actual fraudulent or illegal activity, or activity that violates our policies.
    • To evaluate or conduct a merger, divestiture, reorganization, dissolution, or other sale or transfer of some or all of our business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets or business being transferred.
    • Service providers.
    • As directed by you.
    • Advertising networks and social media providers.
    • To a third party in the course of a merger or acquisition of some or all of our business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets or business that may be transferred.
    Commercial Information / Purchase Details Records of products or services purchased, obtained, or considered, or other purchasing or consuming history or tendencies.
    • You (directly).
    • Service providers.
    • Facilitating and personalizing your user experience.
    • Processing your transactions.
    • Enabling online ordering and delivery.
    • Monitoring and analyzing trends, usage, and activities of visitors and users of the Site.
    • Improving the Site.
    • Complying with applicable laws, regulations, or legal process as well as industry standards and our company policies.
    • Preventing, investigating, identifying, or taking any other action with regard to any suspected or actual fraudulent or illegal activity, or activity that violates our policies.
    • Service providers.
    • As directed by you.
    • Advertising networks and social media providers.
    • To a third party in the course of a merger or acquisition of some or all of our business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets or business that may be transferred.
    Internet or Similar Network Activity Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
    • You (directly or indirectly through your use of our Site).
    • Service providers.
    • Facilitating and personalizing your user experience.
    • Personalizing your consumer experience and delivering content and product and service offerings relevant to your interests, including targeted offers and ads through our Site and via email.
    • Monitoring and analyzing trends, usage, and activities of visitors and users of the Site.
    • Improving the Site.
    • Complying with applicable laws, regulations, or legal process as well as industry standards and our company policies.
    • Preventing, investigating, identifying, or taking any other action with regard to any suspected or actual fraudulent or illegal activity, or activity that violates our policies.
    • Service providers.
    • As directed by you.
    • Social networks, like Facebook (if you choose to link your user account to, or access your user account through, such social network).
    • To a third party in the course of a merger or acquisition of some or all of our business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets or business that may be transferred.
    Geolocation Data Physical location.
    • You (directly or indirectly through your use of our Site).
    • Service providers.
    • Facilitating and personalizing your user experience.
    • Enabling online ordering and delivery.
    • Communicating or marketing to you.
    • Monitoring and analyzing trends, usage, and activities of visitors and users of the Site.
    • Complying with applicable laws, regulations, or legal process as well as industry standards and our company policies
    • Preventing, investigating, identifying, or taking any other action with regard to any suspected or actual fraudulent or illegal activity, or activity that violates our policies.
    • Service providers.
    • As directed by you.
    • To a third party in the course of a merger or acquisition of some or all of our business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets or business that may be transferred.
    Inferences Drawn From Other Personal Information Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
    • You (directly or indirectly through your use of our Site).
    • Service providers.
    • Facilitating and personalizing your user experience.
    • Enabling online ordering and delivery.
    • Communicating or marketing to you.
    • Monitoring and analyzing trends, usage, and activities of visitors and users of the Site.
    • Complying with applicable laws, regulations, or legal process as well as industry standards and our company policies.
    • Preventing, investigating, identifying, or taking any other action with regard to any suspected or actual fraudulent or illegal activity, or activity that violates our policies.
    • Service providers.
    • As directed by you.
    • To a third party in the course of a merger or acquisition of some or all of our business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets or business that may be transferred.

  2. Sales of Personal Information

    While the Company does not monetize your personal information, in the preceding 12 months the Company has “sold” consumer personal information to third parties, as we understand the term “sold” to be defined by the CCPA. In particular, we share personal information as follows:

    Categories of Third Parties Categories of Personal Information
    Marketing and Advertising Networks and Social Media
    • Identifiers
    • Online Activities
    • Commercial Information
    • Categories of Personal Information Described in Section 1798.80(e) of the California Civil Code
    • Protected Classes Under California or Federal Law (e.g., age range, gender)
    • Inferences

    The Company does not sell the personal information of consumers we actually know are less than 16 years of age without affirmative authorization.

  3. California Rights and Choices

    Subject to certain restrictions, the CCPA gives California residents certain rights to request access to personal information that the Company has about you and to request deletion of personal information that we collect and maintain. This section describes how you can exercise those rights and our process for handling your requests.

    1. Right to Request Access to Your Personal Information

      California residents have the right to request a copy of the following:(1) the categories of personal information we collected about you; (2) the categories of sources from which the personal information is collected; (3) the business or commercial purpose for collecting or, if applicable, selling, the personal information; (4) the categories of third parties with whom we share personal information; and (5) the specific pieces of personal information we have collected about you.

      To submit a request, please email us at customerservice@herziland.com or call us at (844) 204-1482.

      In order to verify you are the person about whom we collected personal information you must log in to your account before making a request, or if you do not have an account, we will verify your identity by matching at least two pieces of personal information provided by you with personal information maintained by us that we have determined to be reliable.

      If your request involves receiving specific pieces of personal information (rather than categories of personal information), we must first verify your identity by matching at least three pieces of personal information provided by you with personal information maintained by us that we have determined to be reliable. Then, you must provide a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.

      We cannot respond to your request to provide any personal information if we cannot verify your identity using the information provided.

    2. Right to Request Deletion of Personal Information

      You have the right to request that we delete personal information that we collected from you and retained, subject to certain exceptions.

      To submit a request, please email us at customerservice@herziland.com or call us at (844) 204-1482. In order to process your request, you must first verify you are the person about whom we collected personal information. If your request relates to non-sensitive information, we can verify your identity by our online account login information, or if you do not have an account, by matching at least two data points provided by you with two data points already maintained by us.

      If your request involves sensitive personal information, we must first verify your identity by matching at least three pieces of personal information provided by you with personal information maintained by us that we have determined to be reliable.

    3. Request Processing and Timing

      We endeavor to respond to a verifiable consumer request within forty-five (45) calendar days of its receipt. If we require more time (up to 90 calendar days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

      Any disclosures we provide in response to data access and/or data portability requests will only cover the 12-month period preceding the receipt of your request. We will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, which in most cases will involve Adobe PDF and comma delineated data files. We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

    4. Right to Opt-Out of the Sale of Personal Information

      You have the right, at any time, to direct us not to sell your personal information by clicking here: Do Not Sell My Personal Information. Please note that we may continue to share your personal information where the disclosure is not a “sale” as defined by the CCPA. For example, we may continue to share information as required to comply with the law.

    5. Right to Non-Discrimination for the Exercise of Privacy Rights

      California residents have the right to not be discriminated against for exercising their rights as described in this Notice. We will not discriminate against you for exercising your CCPA rights.

    6. Designating an Authorized Agent

      You may use an authorized agent to submit a request to know or request to delete on your behalf if you provide the authorized agent written and signed permission to do so, and directly confirm with us that you have done so.

      If you use an authorized agent to submit a request for additional disclosures described in Section (a) or a request for deletion described in Section (b), he or she must provide their name, email address, phone number, and written and signed permission from you that includes your contact information. We will contact you using the information provided and verify your identity directly with us, and confirm that you have provided the authorized agent permission to submit the request. We cannot respond to your request to provide additional disclosures or delete any personal information if we cannot verify your identity and the authorized agent’s authority to make the request on your behalf. Written permission is not required if the agent provides proof of power of attorney pursuant to Probate Code sections 4000 to 4465, or you are submitting the request on behalf of your minor child.

  4. Contact for More Information

    If you have any questions or concerns about our privacy policies and practices, please do not hesitate to contact us at customerservice@herziland.com.

  5. Other California Privacy Rights

    California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site 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 us at customerservice@herziland.com .

  6. Changes to Our Privacy Notice

    This Notice was last updated on 8/27/2020. The Company reserves the right to amend this Notice at its discretion and at any time. When we make changes to this Notice, we will post the updated notice on our website and update the notice’s effective date.