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Privacy & Cookies Policy

Effective: April 22, 2020

I. PRIVACY POLICY

II. PRIVACY NOTICE TO CALIFORNIA RESIDENTS

I. PRIVACY POLICY


1. Introduction


We, at NYR Organic, Inc., respect and protect the privacy of our customers. This Privacy Policy describes how we collect, use, maintain, protect and disclose information that you, as our customer, may provide when you visit this website, and our respective rights and obligations.

This policy applies to information we collect on this Website and/or through any correspondence from you, be it via email, text and/or other electronic form of transmission.

However, any information that you share on other websites (such as Facebook, Instagram or Twitter) will be governed by their privacy policies, even if you should communicate with us through, or tag/link us to those websites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.

BY ACCESSING OR USING THIS WEBSITE YOU AGREE WITH THIS PRIVACY POLICY.

IF YOU DO NOT AGREE WITH OUR POLICIES PLEASE DO NOT USE OUR WEBSITE. This policy may change from time to time (see Changes to our Privacy policy). Continued use of this Website serves as acceptance of any and all changes


2. Age Limitation


We do not intentionally or knowingly collect personal information from children under the age of 13. If you are under 13, your use of this website shall be limited to viewing only; you may not purchase products nor provide any information. In the event we become aware that personal information from a child under the age of 13 was collected or received, without verification of parental

consent, such information will be deleted. For any question or concern, you may contact us.legal@nealsyardremedies.com For more information, see Federal Trade Commission (“FTC”): Children's Online Privacy Protection ("COPPA") FTC COPPA


3. Personal Information


We collect several types of information from customers using our Website, including:

a. “Personal information”, which identifies you, personally. This is information associated with your name, including your credit card number, billing address, shipping address, e-mail address and telephone number.

For example:

When you subscribe to receive our emails, we collect your:

Name

e-mail address


When you purchase on our Website, we collect your: e-mail address, telephone number

shipping address

billing address

credit card number (*)


(*) Credit Card information is collected for payment purposes but it is not stored.


b. Information about your internet connection, the equipment you use to access our Website, and usage details. We collect this information:

• Directly from you when you provide it to us by registering, purchasing products, corresponding with us, filling forms or answering surveys.

• From other sources, including third parties, business partners, our affiliates, or publicly available sources.

• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies, such as:


Cookies:

(a) cookie is information saved by your web browser. When you visit a website, the site may place a cookie on your web browser so it can recognize your device in the future. If you return to that site later on, it can read that cookie to remember you from your last visit and keep track of you over time. Uses: (a) collect information about the pages you view and your activities on the site;

(b) enable the site to recognize you (for example by: remembering your user ID, offering an online shopping cart, keeping track of your preferences if you visit the website again, customize your browsing experience, deliver ads targeted to you). The cookie transmits this information back to the website’s computer (or server). For more information, see FTC Cookies


Disabling Cookies: You can set your web browser to warn you about attempts to place cookies on your computer or to limit the type of cookies you allow. For more information, see FTC Guidance on Cookies

However, if you chose to disable cookies on your browser, some of the functionality of our website may not be available. Certain aspects and features of our web page, particularly those that require a login and password, require that you enable cookies in your browser and will be deactivated if you disable cookies in your browser.


Web Beacons: Web Beacons are small graphic images on a Web page or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns, to monitor the activity of users at a website for the purpose of web analytics or page tagging.


Web Server Logs: The Web Server Log records of activity created by the computer that delivers the webpages you request to your browser. For example, a web server log maintains a history of page requests. The Web server log also may record information about your browser, such as your IP address and the cookies set on your browser by the server.


Geo-Location Technology: Geolocation Technology permits to determine the exact location of a computer, networking device or equipment. It enables device location based on geographical coordinates and measurements.

The information we collect automatically is only statistical data, which is needed to improve our Website and to deliver an enhanced and more personalized service. This data allows us to:

a. Estimate our audience size and usage patterns.

b. Store information about your preferences, allowing us to customize our Website according to your individual interests.

c. Recognize you when you return to our Website.


(*) Note: you have control over your information by setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.


4. How We Use Your Information


We use information that we collect about you or that you provide to us, including any personal information to:

a. Present our Website and its contents to you.

b. Provide you with information about products or services.

c. Notify you about changes to our Website or any products or services we offer.

d. Track your purchase history and suggest products,

e. Contact you for account and promotional purposes.

f. Detect and prevent fraud.

g. Collect amounts owing to us.

h. Maintain business records.

i. Fulfill any other purpose for which you provide it.


5. Disclosure of Your Information


We may disclose personal information that we collect to comply with a court order, law, government or regulatory request.


6. Third Parties’ Collection of Personal Information


We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website HERE. California residents may have additional personal information rights and choices. Please see below [Your California Privacy Rights] for more information.


7. Your California Privacy Rights


If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit: CA Privacy Laws and see below at Part II: “Privacy Notice For California Residents”


8. Notice to European Residents


This Site is intended exclusively for US resident customers. A European resident’s information collected on this Site will be transferred outside the European Union, to the United States of America, without the protective measures which the European Union requires.

Article 26 of the European Union’s Data Protection Directive (Directive 95/46/EC, 1995 O.J. (L 281) 31) allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country’s level of protection.

BY USING THIS SITE OR THE SERVICES, YOU CONSENT TO: The transfer of all such information to the United States of America which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information by the Company on its servers

located in the United States of America as described in this Privacy Policy.


9. Changes to Our Privacy Policy


A Notice on this page will alert you of how and when this Privacy Policy is revised or updated.


10. Control Your Information


You can update or correct your name, e-mail address and other preferences by logging into your account and clicking on the “My Account” page, or by contacting us.

You can click on the “unsubscribe” link at the bottom of any promotional email that you receive. You can also edit your e-mail preferences on your “My Account” page. Please contact us at to discontinue receiving material by mail.

We do not currently have any behavioral based advertising on this Site. However, if and when we should, you will be able to opt-out of some online behavioral based advertising by clicking HERE or by using your browser settings to block cookies or to alert you when any cookie is set.


II. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: January 1, 2020

Last Reviewed: April 22, 2020


This Privacy Notice for California Residents supplements our General Privacy Policy (above) and applies solely to those customers visiting or using this Site, who reside in the State of California.

This Privacy Notice is adopted and issued in compliance with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.


  1. Information We Collect

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”).

In particular our Website has:

COLLECTED the following personal information from customers visiting or using this Site, within the last twelve (12) months:

Category A: IDENTIFIERS such as, real name, Internet Protocol address, email address, or other similar identifiers.

NOT COLLECTED the following personal information from customers visiting or using this Site, within the last twelve (12) months:

Category B: PERSONAL INFORMATION categories listed in the California Customer Records statute, Cal. Civ. Code § 1798.80(e) such as name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Category C: PROTECTED CLASSIFICATION CHARACTERISTICS under California or federal law, such as protected classification characteristics under California or federal law [Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).]

However, personal information does not include:

• Publicly available information (e.g.: government records). • De-identified or aggregated consumer information. • Information excluded from the scope of the CCPA, personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from you either directly (when you enter them on our website), or indirectly (from observing your actions on our website or interactions with our advertisers).


2.Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following reasonable and legitimate business purposes, which serve as the legal basis for processing:

a. To perform the contract between us, and to fulfill or meet the reason you provided the information. For example, you provide your personal information to purchase a product, and we will use that information to process your payment and delivery, or to respond to your inquiry. b. To provide you with support and address any concern. c. To respond to a court order or as required by law. d. To implement any purpose which will be described to you when collecting

your personal information. e. We will not collect or use personal information for any materially different or unrelated purpose, or without providing you notice.


3. Sharing Personal Information

We may disclose your personal information to a third party for a business purpose [or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights)].

When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. [The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.]

We share your personal information with the following categories of third parties: SHOPIFY, our e-commerce platform for online stores. Please see Shopify Privacy for their privacy policy.

4. Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, we have not disclosed personal information for a business purpose.

5. Sales of Personal Information

In the preceding twelve (12) months, we have not sold personal information.


6. Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.


7. Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

a. The categories of personal information we collected about you.

b. The categories of sources for the personal information we collected about you.

c. Our business or commercial purpose for collecting or selling that personal information.

d. The categories of third parties with whom we share that personal information.

e. The specific pieces of personal information we collected about you (also called a data portability request).

f. If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

g. sales, identifying the personal information categories that each category of recipient purchased; and

h. disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.


8. Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

a. 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.

b. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

c. Debug products to identify and repair errors that impair existing intended functionality.

d. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

e. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

f. 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.

g. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

h. Comply with a legal obligation.

i. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.


9. Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us a message on our website. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

a. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

b. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

10.Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, 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, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable consumer 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.


11. Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting our Contact Us page and sending us a message including the phrase “Do Not Sell My Personal Information”.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.

However, you may change your mind and opt back in to personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.


12. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

a. Deny you goods or services. b. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. c. Provide you a different level or quality of goods or services. d. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website 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 us an electronic message through our website or write us at our address listed on our webpage. 


13.Changes to Our Privacy Notice 

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date.

Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.


14.Contact Information

If you have any questions or comments about this notice, the ways in which we collect and uses your information described below [and in the General Privacy Policy], your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us as detailed below: Via our website: please send us an electronic message through our website Write us at our address listed below.

• Telephone: 212.838.0600 

• Email: us.legal@nealsyardremedies.com 

• Mail:

 NYR Organic, Inc. 

Compliance Department

100 Cambridge Street, Ste 1400 

Boston, Massachusetts 02114