Privacy Policy

Privacy Policy

Welcome to the Herziland website, located at herziland.com (the "Site"), and operated by Herzi Land LLC, a South Carolina limited liability company ("Herziland" or "we"). Your privacy is a priority for Herziland and its affiliates and we want you to be familiar with how we collect, use, and disclose information relating to you, your computer or your device and that enable your identification (the "Personal Information"). This Privacy Policy only addresses Herziland’s practices regarding information collected from visitors of the Site and only addresses information collected directly through or from the Site – it does not address or govern any information-gathering, use, or dissemination practices related to information collected from you other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.

By using the Site, you consent to the collection and use of Personal Information by Herziland in the manner stated here.

This Privacy Statement is incorporated into Herziland's Terms and Conditions by reference, as if set forth fully therein. By using the Site, you agree and consent to the Terms of Use and this Privacy Statement.

For privacy rights and choices specific to California residents, please see our California Privacy Notice.

  1. What information do we collect from you?
    1. Information You Provide.

      We collect Personal Information that you knowingly choose to submit through the Site in order to benefit from the specified features or to participate in a particular activity. For example, we may request Personal Information from you when you create an account on the Site. You may also have the opportunity to submit other data and information about yourself and your surroundings, such as your present location or another location of interest. You will be informed what information is required to utilize these features of the Site, and what information is optional.

      When making purchases through the Site, we collect information relevant to the purchase including your name, billing and delivery address, email address, telephone (or mobile) number, credit/debit card number, information on your product requests and how you are using the product, and your purchase/return/exchange information. If you are applying for a job, information relating to your resume, your employment history, your education and training, and any work restrictions are also collected. We also collect your password when you register for an account.

      Upon making purchases through the Site, our website stores the last four digits of the credit card used to complete the transaction, the credit card type (e.g., Visa, Mastercard, etc.), and the billing address associated with the transaction. A payment made while using our Site is processed by a payment processor. Herziland uses a third payment processor called Chase Paymentech to process personally identifiable payment information. The information collected for payment purposes, such as your credit card number and expiration date, are collected by Chase Paymentech. Chase Paymentech’s use of your Personal Information is governed by a separate privacy notice, which may or may not contain privacy protections as protective as this privacy notice. 

      Certain aspects of the Site may allow you to post or otherwise submit photos, videos, graphics, information, comments, and other content to the Site. Upon submission, all such content may become publicly available and may be viewed, read, collected, or used by others, outside of our control, including any geo-location, tags, or other metadata in such submissions.

      We may combine the information you submit through the Site with other information we have collected from you, whether on- or offline. We may also combine it with information we receive about you from other sources, including publicly available information sources (such as publicly available social media profiles) as well as our service partners and data licensors, in compliance with applicable laws.

    2. Sensitive Information.

      We ask that you not send or otherwise disclose to us your racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership. Where you provide us with such information, we reserve the right to erase any such information at our discretion.

    3. Information Related to Minors.

      The Site is not intended for persons under the age of 18. We do not knowingly collect Personal Information online from persons in this age group. We reserve the right to delete any information identified as having been provided by such persons at our discretion.

    4. Passive Information Collection, Use, and Choices.

      As you navigate the Site, certain Personal Information may be passively collected, meaning it is gathered without your actively providing it. This is done using the following technologies in the following ways:

      1. Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type and operating system type and version screen resolution, and Internet browser type and version.

      2. Through your device: If you access the Site through a mobile device or other network-connected product, certain information may be collected about that device, including your device type, network service provider, and other identifiers. We may collect unique device identifiers (such as IDFA and AID tags and UUID and UDID identifiers) associated with the device you use to access the Site.

      3. Using cookies: Cookies are pieces of information stored directly on the computer you are using. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, and language preferences. We and our service providers use this information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Site. More specifically, we use cookies to: (i) recognize your computer or device to make your use of the Site easier, such as to remember your locations of interest and other preferences with the Site; (ii) gather statistical information about use of the Site in order to continually improve its design and functionality, understand how individuals use it, and to assist us with resolving questions regarding it; (iii) select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Site and on other websites, applications, and online services that you use; and (iv) track consumer responses to online advertisements. We do not use data collected by cookies to identify who you are. We do not allow our service providers to use or share our analytics data.

      4. Social Media Widgets. Our Site may include social media tools, including social media widgets or plug-ins, to connect you to our social media accounts. These features may set a cookie or use other automatic collection and tracking technologies to collect information about you and your use of the social media features through and in connection with our Site. These social media tools may be hosted by a third party. Your interactions with these tools and the corresponding social media platforms are governed by the privacy policies of the companies that provide such platforms.

      5. Using Monitoring Tools: The Site may utilize pixel tags, web beacons, clear GIFs, Flash Shared Objects, HTML5 Local Storage, HTML5 Mini Databases, and other similar technologies (collectively, “Pixel(s)”), both on certain aspects of the Site and in HTML-formatted e-mail messages to you. These monitoring tools are used for the purpose of, among other things, measuring the success of our marketing campaigns, compiling statistics about Site usage and response rates, and tracking the activities of users of the Site and e-mail recipients.

      6. IP Address: Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP Address is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many online service providers, including website operators. We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, and administering the Site.

        Analytic Tools: We also use tools and third party services to collect information about usage of the Site, including Google Analytics. You can learn more about Google Analytics, and its privacy practices, at the Google Analytics Help Page. Generally speaking, Google Analytics collects information on how often users visit the Site, what aspects of the Site they visit when they do so, and what other websites users visited prior to accessing the Site. You may opt out of Google Analytics for Display Advertising or customize Google Display Network ads through the Google Ads Settings page. You may also prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on.

      7. Location-Based Features: We may use information about your location to conduct analytics and improve the Site and to provide certain location-based features and services, as further described in this Privacy Policy and as otherwise described to you at the point of collection. To provide these location-based features, in addition to the information that you voluntarily submit through the Site, we may also access information about your location using automated means. We generally will collect information about your latitude, longitude, and the date and time when you accessed the Site. We may disclose location information as described in Section 3 of this Policy. Some services on the Site may continuously track your location information to allow our third party advertising partners to deliver advertisements that are relevant to your current location. Depending on how you access the Site, your web browser or your mobile device operating system may inform you that the Site would like to collect your location and request permission to do so. If you allow such access, the Site will collect your location information. If you decline, you will need to manually enter your location information to utilize certain features of the Site.

      If you are uncomfortable with the idea of your Personal Information being collected and used in these ways, most computer systems, devices, and web browsers offer privacy settings and options, such as disabling cookies, resetting your IDFA, turning off location-based services, or opting for “Do Not Track” features. Each browser has a different procedure for disabling the use of cookies. The Help function within your browser should tell you how. Alternatively, you may visit http://www.aboutcookies.org where you can review information on how to control cookies on a variety of browsers. You will also find details of how to delete cookies from your computer and other general information about cookies. We do not override these settings or options and encourage you to use them to enhance your choices and personalize your experiences. However, in order to access certain content, features, services, products, or benefits of the Site, you may be required to provide us with certain information. If you do not wish to provide that information through the Site or if you opt to utilize the aforementioned privacy features, you may be unable to obtain certain content, features, services, products, or benefits of the Site. Changing these settings will not prevent you from seeing advertisements and offers, but those advertisements and offers may not be tailored to your interests and needs.

  2. How We Use the Information We Collect.

    We use Personal Information submitted by you or otherwise collected through the Site and through other sources for the purposes described in this Privacy Policy and as otherwise described to you at the point of collection. Specifically, we may use Personal Information from or about you:

    1. to respond to your inquiries and fulfill your requests, such as to send you information or documents that you request and e-mail alerts and to fulfill orders for products or services;
    2. to send you important information regarding our relationship with you or regarding the Site, changes to our terms, conditions, and policies, and other administrative information;
    3. to promote our products and services, and the products and services of our third party business partners; and
    4. for our business purposes, such as data analysis, audits, developing new products, enhancing the Platform, improving our products and services, identifying Platform usage trends, personalizing your experience on the Platform by presenting products and offers tailored to you, and determining the effectiveness of our promotional campaigns.

    We may use any information that does not personally identify you, your computer, or your device, for any purpose.

  3. Our Disclosure of Your Information.

    In order to provide the features and services made available through the Site and accomplish the goals described in this Privacy Policy or at the point when we collect the information, we disclose your Personal Information as described below and as specifically described elsewhere in this Privacy Policy or at the point we collect information from you:

    1. to our affiliates for the purposes described in this Privacy Policy;
    2. to unaffiliated third parties (such as data brokers, marketing companies, and IT service providers), including by sharing or selling demographic information, location data, advertising and device identifiers, IP address, and usage statistics to our advertising partners and other third parties, some of whom may use it to offer promotions to you for other products and services;
    3. to our third party service providers who provide services to us, such as website hosting and moderating, mobile application hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, e-mail and direct mail delivery services, credit card processing, auditing services, and other services, in order to enable them to provide those services; and
    4. to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
  4. Uses and Disclosures to Comply with Laws.

    In addition, we use and disclose Personal Information collected through the Site as we believe to be necessary or appropriate: (i) under applicable law, including laws outside your country of residence; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iv) to enforce our terms and conditions; (v) to protect our operations or those of any of our affiliates; (vi) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain. As it relates to EU Personal Information, disclosure under subsections (i), (ii), and (iii) will be regulated by European data protection rules.

  5. Links to Other Sites.

    The Site may also contain links to third party websites. The Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. If you access a third party website from a link on this Site, any information you disclose on that website is not subject to this Privacy Statement. It is possible that these links may be used by third parties or others to collect personal or other information about you. Herziland is not responsible for the privacy practices of such websites, advertisers, or third parties or the content of such websites and it is your sole obligation to review and understand the privacy practices and policies of these other websites. Herziland does not control these third parties’ use of cookies, collection of information, or how they manage such information. It is solely your obligation to review and understand the privacy practices and policies of these other websites, advertisers and any third parties.

  6. Where Your Information is Processed.

    Herziland is based in the United States. No matter where you are located, you consent to the processing and transfer of your Personal Information in and to the United States and other countries. The laws of the United States and other countries governing data protection may not be as comprehensive or as protective as the laws in the country where you live.

  7. Security Measures.

    Herziland has implemented reasonable physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to Personal Information. However, you should understand that no transmission over the Internet is ever fully secure. You acknowledge that the technical processing and transmission of the Site content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, Herziland is not responsible for the security of information transmitted via the Internet. You also agree that Herziland shall not be liable to you for any modification, suspension or discontinuance of the Site.

  8. ​Data Retention.

    We generally retain Personal Information for so long as it may be relevant for the purposes identified in this Privacy Statement or at the time the information is collected, unless a longer period of time is required by law or unless you ask us to delete it sooner.

  9. ​Comments and User Content.

    All materials or comments posted to any aspect of the Site are public. Please refer to the Terms and Conditions for further detail concerning User Content and other materials submitted to the Site. As such, Herziland assumes no liability for the accuracy of such information, no duty to update or correct such information, and no liability for such communications arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any comment system on the Site may utilize an opt-in Geolocation service in accordance with a prevailing community standard such as HTML 5. Such Geolocation opt-in ability is managed by the user’s browser settings. If a user chooses to opt-in to the Geolocation service, the user’s comments may be associated with the user’s location, both internally within Herziland and publicly on the Site.

  10. Lawful Bases for Processing Your Personal Information.

    The laws in some countries require us to tell you about the lawful grounds we rely on to collect, use, disclose, and otherwise process your Personal Information. To the extent those laws apply, our lawful bases for processing your Personal Information are:

    1. To enter into and perform a contract with you: We may process Personal Information to meet our contractual obligations to you, or to take steps in anticipation of entering into a contract. For example, we process Personal Information on this basis to process any purchases you make on the Site.
    2. To comply with a legal obligation: We need to use and disclose Personal Information in certain ways to comply with our legal obligations.
    3. For our legitimate interests, where those interests are not overridden by your fundamental rights and freedoms: In many cases, we handle Personal Information because it furthers our legitimate business. This includes:
      • Providing a safe user experience on our Site;
      • Customer service;
      • Sending communications to you to let you know about information you have told us is important to you;
      • Protecting users, our workers, and our property;
      • Analyzing and improving our operations (e.g., optimizing the design and operation of our Site); and
      • Managing legal issues.
    4. With your consent: Where permitted by law, we handle Personal Information on the basis of your implied or express consent.

    Also, this Privacy Statement is issued on behalf of Marley Lilly LLC, as controller of your Personal Information under applicable data protection laws. A “controller” is the person or organization who alone or jointly determines the purposes for which, and the manner in which, any Personal Information is, or is likely to be, processed.

  11. Your Data Rights and Choices.

    The laws in some countries may give you particular rights with respect to your Personal Information, including the right to access the Personal Information that we maintain, and the right to object to certain processing of Personal Information by Herziland. If you would like to submit a data access, correction, restriction, or deletion request, or if you would like to object to certain processing, you can do so by contacting us by email at customerservice@herziland.com and we will process such request with respect to any Personal Information that we are able to link to you individually based on the information that you can provide to us. These rights and options that you have with respect to Personal Information are subject to limitations and exceptions under applicable law. In addition to those rights, if you live in certain jurisdictions, you have the right to submit a complaint to your relevant supervisory authority. However, we encourage you to contact us first by emailing customerservice@herziland.com and we will try to resolve your concerns.

    Additionally, you have the right to ask us not to process your Personal Information for direct marketing purposes. We inform you before collecting your data if we intend to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us.

    At any time, you can unsubscribe from certain emails by clicking on the “unsubscribe” link they contain. You can also opt-out of the use of certain cookie-related processing by following the instructions in Section 1(D) above (Passive Information Collection, Use, and Choices).

  12. Right to Change Privacy Statement.

    Herziland reserves the right at any time to modify, alter or update this Privacy Statement. Herziland will notify you on the Site or by e-mail of any new or revised Privacy Statement, including information regarding the location of the new or revised Privacy Statement. Your use of the Site following any changes means that you agree to follow and be bound by the Privacy Statement as changed. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Privacy Statement since their last visit.

  13. Contacting Us.

    Please feel free to contact us if you have any questions or concerns about this Privacy Statement or our information practices. You may contact us as follows:

    Marley Lilly LLC
    300 W Phillips Road, Greer, SC 29650
    (844) 204-1482
    customerservice@herziland.com
  14. Your California Privacy Rights.

    If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your Personal Information to third parties for direct marketing purposes, including a description of the categories of personal information disclosed. In order to obtain such information, please contact us via e-mail at customerservice@herziland.com.

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