Earthy Now Privacy Policy

Effective Date: January 1, 2022

In this Privacy Policy (“Policy”), We describe how Earthy Now (“We”) collects, uses, and discloses information that we obtain about visitors (“You”) to our website www.earthynow.com (the “Site”) and the services available through our Site (collectively, the “Services”).

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Information We collect

We collect information about You directly from You and from third parties, and automatically through Your use of Our Site or Services.

Information We collect directly from You

The information We collect from You depends on how You use Our Services. To create an account, You must provide Your email address and create a password. You may also provide Your first and last name, billing address, shipping address, and phone number. If You make a purchase, We will collect Your order history, payment card information (including card number, expiration date and CVV), as well as Your billing and shipping address.

Information We collect automatically

We automatically collect information about Your use of our Site through cookies, web beacons, and other technologies. To the extent permitted by applicable law, We may combine this information with other information We collect about You, including Your personal information. Please see the section “Use of cookies and other tracking mechanisms” below for more information.

  • Your operating system;
  • web pages You view on the Site; links You click on the Site

How We use Your information

We use Your information, including Your personal information, for the following purposes:

  • To provide our Services to You and to fulfill Your orders.
  • To communicate with You about Your use of Our Services, to respond to Your inquiries, and for other customer service purposes.
  • To tailor the content and information that We may send or display to You, to offer location customization, and personalized help and instructions, and to otherwise personalize Your experiences while using the Services.
  • To send You email marketing about Our products and services.
  • To send You news and newsletters.
  • To send You email marketing about products and services of Our affiliated entities.
  • To send You sms marketing about Our product and services.
  • To assist Us in advertising on third-party websites, mobile apps, and other online services, and to evaluate the success of our advertising campaigns through third-party channels (including Our online targeted advertising and offline promotional campaigns).
  • To better understand how users access and use Our Services, both on an aggregated and individualized basis. For example, We will evaluate which features of our Site are most used.
  • To conduct internal analysis of outreach and marketing efforts, as well as for market research or member satisfaction purposes.
  • To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
  • Where We believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Policy.

How We share Your information

We may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as updates or informative communications related to the functionalities, products or contracted services.
  • To provide You with news, special offers and general information about other goods, services and events which We offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and Your experience.

We may share Your personal information in the following situations:

  • We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
  • We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • We may share Your information with Our affiliates, in which case We will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • We may share Your information with Our business partners to offer You certain products, services or promotions.
  • When You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • We may disclose Your personal information for any other purpose with Your consent. 

Use of Cookies and other tracking mechanisms

We and our service providers use cookies and other tracking mechanisms to track information about Your use of Our Site or Services. We may combine this information with other personal information We collect from You (and our service providers may do so on Our behalf).

Cookies 

Cookies are alphanumeric identifiers that We transfer to Your device’s hard drive through Your web browser for record-keeping purposes. Some cookies allow us to make it easier for You to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track Your activities at our Site and Service. There are two types of cookies: session and persistent cookies.

Session Cookies 

Session cookies exist only during an online session. They disappear from Your device when You close Your browser or turn off Your device. We use session cookies to allow our systems to uniquely identify You during a session or while you are logged into the Site and Services. This allows us to process Your online transactions and requests and verify Your identity, after You have logged in, as You move through our Site and Services.

Persistent Cookies

Persistent cookies remain on Your device after You have closed Your browser or turned off Your device. We use persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies

Most web browsers automatically accept cookies, but if You prefer, You can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell You how to prevent Your computer from accepting new cookies, how to have the browser notify You when You receive a new cookie, or how to disable cookies altogether. Visitors to our Site and Services who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Retention of Your personal data

The Site will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain Your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We may retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your personal data

Your information, including Personal Data, is processed at Our operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to, and maintained on, computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

We will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your personal data

Business Transactions

If We are involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, We may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

We may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend Our rights or property
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Third Party Analytics

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve our Site’s  performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do-Not-Track

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); You also may opt-out of targeted advertising by following the instructions in the Third-Party Ad Network section.

User-Generated Content

We invite You to post content on our Site, including Your reviews. If You post content to our Site, all of the information that You post will be available to all visitors to our Site. If You post Your own content on Our Site, Your posting may become public and We cannot prevent such information from being used in a manner that may violate this Policy, the law, or Your personal privacy.

Third-Party Links

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

Payments

We may provide paid products and/or services within the Service. In that case, We may use third-party services for payment processing (payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. 

These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

     Authorize.net (A Visa company)

     Privacy Policy can be viewed at https://usa.visa.com/legal/privacy-policy.html=

Shipping

We use third party services for shipping (shipping processors) paid products. Information is used to process delivery rates and services using address information that You provide. That information is provided directly to Our third-party shipping processors whose use of Your personal information is governed by their Privacy Policies. 

     Shipstation.com

     Privacy Policy can be viewed at https://www.shipstation.com/privacy-policy/

     United States Postal Service (USPS)

     Privacy Policy can be viewed at https://about.usps.com/who-we-are/privacy-policy/welcome.htm

     United Parcel Service (UPS)

     Privacy Policy can be viewed at https://www.ups.com/us/en/help-center/legal-terms-conditions/privacy-notice.page

Security of personal information

We have implemented reasonable precautions to protect the information We collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to Your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping Your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on Your account via unauthorized password activity.

Access to personal information

You may modify personal information that You have submitted by logging into Your account and updating Your profile information. Please note that copies of information that You have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.

What Choices Do I Have Regarding Use of My Personal Information?

We may send periodic promotional emails to You. You may opt-out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for Us to process opt-out requests. If You opt-out of receiving promotional emails, We may still send You emails about Your account or any services You have requested or received from Us.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If You have any questions about this Privacy Policy, You can contact Us at support@earthynow.com.

Additional information for California residents

Under the California Consumer Privacy Act (“CCPA”), We are required to notify California consumers about our collection, use, and disclosure of their personal information (whether collected through this website or offline). In this section of our Policy, and in accordance with the CCPA, “personal information” includes any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, including the categories identified in the table below to the extent they identify, relate to, describe, are capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household.

As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

Categories of Personal Information that We Collect, Disclose, and Sell

We collect 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. The following is a list of categories of personal information which We may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

Name, contact information, identifiers

Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
Collected: Yes.

Customer records

Paper and electronic customer records containing personal information, such as name, signature, social security number, Signature, 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.
Collected: Yes.

Protected classifications
Characteristics of protected classifications under California or federal law such as race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information.
Collected: No.

Purchase history and tendencies

Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Collected: Yes.

Biometric information
Physiological, biological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including DNA, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.
Collected: No.

Internet or other similar network activity
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a user’s interaction with an internet website, application, or advertisement.
Collected: Yes.

Geolocation data
Geographic location information about a particular individual or device
Collected: Yes.

Sensory data
Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: No

Employment information

Current or past employment-related information.
Collected: No.

Education information

Information that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
Collected: No.

Profiles and inferences
Inferences drawn from any of the information identified above to create a profile about a resident reflecting the resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: No.

Under CCPA, personal information does not include:

  • Publicly available information from government records
  • Deidentified or aggregated consumer information
  • Information excluded from the CCPA’s scope, such as:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
    • 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

California Residents’ Rights

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

The right to notice

You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.

The right to request 

Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:

  • The categories of personal information We collected about You
  • The categories of sources for the personal information We collected about You
  • Our business or commercial purpose for collecting or selling that personal information
  • The categories of third parties with whom We share that personal information
  • The specific pieces of personal information We collected about You
  • If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
    • The categories of personal information categories sold
    • The categories of personal information categories disclosed

The right to say no to the sale of Personal Data (opt-out)

You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us.

The right to delete Personal Data 

You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your 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 Providers to:

  • 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.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • 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.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which You provided it.

The right not to be discriminated against

You have the right not to be discriminated against for exercising any of Your consumer’s rights, including by:

  • Denying goods or services to You
  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
  • Providing a different level or quality of goods or services to You
  • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must:

  • Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
  • 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 the required information if We cannot:

  • Verify Your identity or authority to make the request
  • And confirm that the personal information relates to You

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable or necessary and with prior notice.

Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

Do Not Sell My Personal Information

You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, We will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.

The Service Providers We partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.

Website

You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:

The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.

Mobile Devices

Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:

  • “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
  • “Limit Ad Tracking” on iOS devices

You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Children’s Privacy

Our Service does not address anyone under the age of 21. We do not knowingly collect personally identifiable information from anyone under the age of 21. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.

Your California Privacy Rights (California’s Shine the Light law)

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.

If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.

Contact Us

If You have any questions about this Privacy Policy, You can contact Us at support@earthynow.com.

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