Privacy policy

I. INTRODUCTION

In this Privacy Notice (this “Notice”), My Cookie Dealer, LLC may be referred to as “My Cookie Dealer”, “we”, or “us”.

This Notice covers how and why we collect, use, and disclose information that identifies or can be used to identify you (sometimes referred to as “Personal Data” or “Personal Information” under applicable privacy and data security laws, and hereinafter, “Personal Data”) when you access or use My Cookie Dealer owned websites or mobile applications (which may have additional Terms of Use), other products, brands or services that link to this Notice (collectively, the “Services”) or when you otherwise interact with us. If you do not agree with the content of this Notice, please do not use our websites or otherwise interact with our company, services, brands or products.

II. WHAT DATA DOES MY COOKIE DEALER COLLECT AND HOW?

When you use our Services, we may collect or receive Personal Data about you to provide our services and operate our business. Personal Data may include your name, age, gender, photo, general background information, location/hometown, email address, mailing address, phone number and credit card information.

We collect Personal Data in the following ways:

A. Information You Provide to Us Directly:

• When you visit and interact with our Services including submitting a posting to any of our forums, message boards, review areas, chats, messaging services, profile pages or other areas of the websites;

• When you voluntarily provide information to us when registering for our Services directly or through a social networking site;

• When you enter purchase information, place orders, make exchanges or returns, or when you request information about products and services offered through the Services;

• When you contact our customer service department;

• When you enter a contest or sweepstakes, respond to a survey or questionnaire or subscribe to a newsletter;

• When you provide us with comments or suggestions;

• When you use social media in connection with or to interact with the Services;

• When you attend our events or events we sponsor or participate in our field marketing activations or other activities; or

• When you serve as talent (e.g., a model or social media influencer) in our advertising campaigns.

• Email Marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

• Text Marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

B. Information Collected Automatically:

We also may receive and store certain information about you and your device(s) automatically when you access or use our Services. This information may include:

• Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and date and location of the transaction.

• Usage and Log Information: We collect information related to your access to and use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.

• Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

• Preferences: We collect information about your preferences to make your use of the Services more productive through the use of cookies.

• Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use different technologies to collect information, including cookies and pixel tags when you access the Services, whether as a registered user (“User”) or a non-registered user, to automatically record information such as your Internet Protocol (IP) address, browser type and language, Internet service provider, referring and exit websites and applications, operating system, date/time stamp, and clickstream data (“Log Data”).

C. Information Collected from Other Sources

We also may collect or receive Personal Data from third parties such as service providers, vendors, contractors, and partners as described in Section IV of this Notice.

III. WHY DOES MY COOKIE DEALER COLLECT PERSONAL DATA?

My Cookie Dealer collects Personal Data for the following business or commercial purposes:

• Communications. We use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.

• Order Fulfillment. We use your Personal Data to assist us in fulfilling orders you place with us, such as making shipping arrangements and contacting you about back orders, returns or exchanges. If you use a credit or debit card for any purchase, we will collect and retain the necessary information about such card that you submit (through our third-party processors who keep the credit or debit card information confidential) to complete that purchase, as well as keep a history of your purchases. We use the collected information to process your purchases and to better assist you when you contact us.

• Operation, maintenance, and improvement of our websites, products, and services. We use your personal data to aid us in the operation and maintenance of our Services. We also use such information to help us improve our Services and the products and services we offer to you in order to better serve you and our other customers.

• Contests. We use your Personal Data to administer contests, sweepstakes, and promotions that you enter.

• Customer service. We use your Personal Data to:

o personalize your experience and deliver the type of content and product offerings in which you are most interested;

o better service you when responding to your customer service requests and questions;

o send periodic emails regarding your order or other products and services; and

o follow up with you after correspondence (live chat, email or phone inquiries).

• Contracts. We use your Personal Data to carry out our obligations and enforce our rights arising from any contracts entered into between My Cookie Dealer and you (or your employer), including for billing and collection.

• Miscellaneous. We use your Personal Data in other ways as required or permitted by law or with your consent.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without first providing you with notice

IV. HOW MY COOKIE DEALER SHARES PERSONAL DATA

We may share or disclose your Personal Data for a business purpose with the following third parties:

• Vendors: We engage vendors, third parties, service providers, contractors, and partners to:

o facilitate the operation of our websites including operating our websites on our behalf, performing website-related services (e.g., maintenance services, database management, web analytics, and improvement of our websites' features), and/or assisting us in analyzing how our websites are used;

o facilitate and deliver the various forms of communication described in Section III of this Notice and/or track, personalize, and deliver marketing or other promotional materials;

o to fulfill purchase orders including making shipping arrangements, contacting consumers about back orders, returns or exchanges, processing payments, and/or assisting with billing and collection;

o administer our sweepstakes, contests, and other promotions; and

o provide customer service support.

• Data Analysts and Aggregators: We may share aggregated information that does not include Personal Data, and we may otherwise disclose Non-Identifying Information such as general (non-specific) geographic location, device/browser technology, onsite behavior, population data, user segmentation, survey results, and Log Data, with third parties for data analysis, demographic profiling, and other purposes. Any aggregated information shared in this manner will not contain your Personal Data. Non-Identifying Information is considered a part of your Personal Data only if combined with other identifiers (e.g., combining your zip code with your street address) in a way that enables you to be personally identified or contacted. The same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (e.g., your viewing preferences).

• Government and Law Enforcement: My Cookie Dealercooperates with government and law enforcement officials and private parties to enforce and comply with the law. We can disclose any information about you to government or law enforcement officials or private parties as we believe necessary or appropriate to respond to claims and legal process including subpoenas and litigation, and to protect the safety, property, and rights of My Cookie Dealer or other parties or to prevent or stop activity we may consider to be illegal, unethical or legally problematic.

• Related Businesses: My Cookie Dealer may disclose Personal Data to our subsidiaries and/or affiliates. We may also sell, divest, transfer, assign, share or otherwise engage in a transaction that involves some or all of our assets, including any or all of the information described in this Notice, in the course of a corporate divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization or any other similar transaction or proceeding.

• Miscellaneous: In addition to the above, My Cookie Dealer may disclose Personal Data to third parties to fulfill the purpose for which you provide it, for any other legitimate business or commercial purpose disclosed by us when you provide the information, or with your consent (where appropriate).

V. PROTECTING YOUR PERSONAL DATA.

Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone, and My Cookie Dealer will never ask you for your password, credit card information or Personal Data in any unsolicited communication such as phone calls or emails.

VI. TRANSFERS TO OTHER COUNTRIES

My Cookie Dealer may share your Personal Data as described in Section IV of this Notice, which means that your information may be transferred to, and maintained on, computers or with third parties located outside of your state, province, country or other governmental jurisdiction. Your Personal Data may therefore be subject to privacy laws of other jurisdictions. If you are located outside the United States and choose to provide information to us, My Cookie Dealer may transfer your Personal Data to the United States and process it there.

VII. DATA RETENTION AND DELETION

My Cookie Dealer keeps your Personal Data for varying amounts of time depending on the type of Personal Data collected, and where we have an ongoing legitimate business need to do so, including customer services, processing product orders, making data-driven business decisions, maintaining appropriate business and financial records, complying with our legal and regulatory obligations, and resolving disputes. We keep some of your Personal Data for as long as you are a My Cookie Dealercustomer. For example, we keep your order history, payment information, email address(es), and shipping and billing addresses. If you request, we may delete or anonymize your Personal Data so that it no longer identifies you, unless we are legally allowed or required to maintain certain Personal Data, including situations such as (i) an unresolved issue related to your order, (ii) tax, audit, and accounting obligations, (iii) an unresolved claim, dispute, allegation or litigation, and (iv) mandatory data retention laws in the applicable jurisdiction including regulatory obligations to preserve data relevant to an investigation.

VIII. RESIDENTS OF THE EUROPEAN ECONOMIC AREA

If you are a resident in the European Economic Area, you have the following data protection rights with respect to your Personal Data (as such term is defined in the General Data Protection Regulation 2016/679):

• request to be informed of and have access to the Personal Data we process about you;

• request that we amend or update your Personal Data when it is inaccurate or incomplete;

• request that we delete your Personal Data;

• request that we temporarily or permanently stop processing all or some of your Personal Data;

• object to us processing your Personal Data on grounds relating to your particular situation;

• object to your Personal Data being processed for direct marketing purposes; and

• request a copy of your Personal Data in electronic format and to be able to transmit that Personal Data for use in another party's service.

You can exercise these rights by using our our Privacy Team at privacy@mycookiedealer.com or by sending written notice to My Cookie Dealer, 82 Lake Ave. S, Suite 5, Nesconset, New York, 11767, United States.

IX. ADDITIONAL NOTICE TO CALIFORNIA RESIDENTS

In accordance with the California Consumer Privacy Act (the “CCPA”), the following table summarizes our Personal Data collection, use, and sharing practices in the preceding twelve (12) months January 1, 2020. As reflected in this table, we may share your Personal Data with a variety of outside entities including service providers, third parties, our subsidiaries, and law enforcement.

Personal Data	Sources of Personal Data	Why We Collect Personal Data?	To Whom May We Sell or Disclose Personal Data?
1. Identifiers such as 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.	See Section II above.	See Section III above.	See Section IV above.
2. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples: 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.	See Section II above.	See Section III above.	See Section IV above.
3. Characteristics of protected classifications under federal and California law such as age, 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, or genetic information (including familial genetic information).	See Section II above.	See Section III above.	See Section IV above.
4. Commercial information such as records of personal products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	See Section II above.	See Section III above.	See Section IV above.
5. Biometric information such as fingerprints, faceprints, voiceprints, iris or retina scans, keystroke patterns or rhythms, gait patterns or rhythms, or other physical patterns, and sleep, health, or exercise data.	See Section II above.	See Section III above.	See Section IV above.
6. Internet or other electronic network activity information, including browsing history, search history and information on a consumer's interaction with a website, application, or advertisement.	See Section II above.	See Section III above.	See Section IV above.
7. Geolocation data such as physical location or movement.	See Section II above.	See Section III above.	See Section IV above.
8. Sensory data such as audio, electronic, visual, thermal, olfactory or other similar information.	See Section II above.	See Section III above.	See Section IV above.
9. Professional or employment-related information such as current or past job history or performance evaluations.	See Section II above.	See Section III above.	See Section IV above.
10. Education information such as records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	See Section II above.	See Section III above.	See Section IV above.
11. Inferences about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	See Section II above.	See Section III above.	See Section IV above.

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 Data over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of Personal Data we collected about you.

• The categories of sources for the Personal Data we collected about you.

• Our business or commercial purpose for collecting or selling that Personal Data.

• The categories of third parties with whom we share that Personal Data.

• The specific pieces of Personal Data we collected about you (also called a data portability request).

• If we sold or disclosed your Personal Data for a business purpose, two separate lists disclosing:

o sales, identifying the Personal Data categories that each category of recipient purchased; and

o disclosures for a business purpose, identifying the Personal Data categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your Personal Data 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 Data from our records, unless an exception applies under the CCPA.

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

• Complete the transaction for which we collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty, returns policy or product recall conducted in accordance with federal law, 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.

• 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.

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 either:

• Completing and submitting our Form.

• Emailing us at privacy@mycookiedealer.com; or

• Writing us at 82 Lake Ave. S., Suite 5, Nesconset, New York 11767, USA, Attention: Privacy Team.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. If you designate an authorized agent (either a natural person or a business entity registered with the California Secretary of State) to make a request under the CCPA on your behalf:

• the authorized agent must submit proof of your authorization through our request webform or to our Privacy Team at privacy@mycookiedealer.com; and

• you must verify your identify directly with us.

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

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative, which may include your name and email address; and

• 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 Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you. We will only use Personal Data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

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 to respond (up to a total of ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response to a verifiable consumer request by email or mail.

Any disclosures we provide will only cover the twelve (12) month period preceding our receipt of the verifiable consumer request. Our response will explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

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.

Personal Data Sales Opt-Out

You have the right to direct us not to sell (as such term is defined in the CCPA) your Personal Data at any time. To exercise the right to opt-out of a sale, you (or your authorized representative) may submit a request to us by either:

• Clicking Do Not Sell My Info and completing and submitting the webform;

• Emailing us at privacy@mycookiedealer.com; or

• Writing us at 82 Lake Ave. S., Suite 5, Nesconset, New York 11767, USA, Attention: Privacy Team.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Data sales. We will only use Personal Data provided in an opt-out request to review and comply with the request.

Non-Discrimination and Financial Incentives

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

• Deny you goods or services;

• Charge you different prices or rates for goods or services including through granting discounts or other benefits, or imposing penalties;

• Provide you with a different level or quality of goods or services; or

• Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

X. HOW TO ACCESS AND CONTROL YOUR PERSONAL DATA

Nevada Residents. Nevada residents may opt out of the sale of certain Personal Data collected by website operators. Although we do not currently sell Personal Data (as “sale” is defined under Nevada law) or have any plans to sell Personal Data, you may contact our Privacy Team at privacy@mycookiedealer.com to opt out of any future sale of your Personal Data.

Email Communications. If you decide at any time that you no longer wish to receive email communications from us, please follow the unsubscribe instructions provided in any of the communications.

Cookies. We do not sell your Personal Data for money but we offer cookies and other tracking technologies, which may in some cases constitute the sale of your Personal Data under the CCPA. To opt-out of the sale of your Personal Data, please click Do Not Sell My Info and complete and submit the webform. This will cause information to cease to be added to any cookies or other tracking technologies that have been set on our Services or block them entirely. Please note that you will need to opt out again if you visit one of our Services from a different device or browser or if you clear your cookies.

Additionally, you can choose to turn off all cookies through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies preferences. Please note that if you turn cookies off, some features of our Services may be disabled and you may not be able to use all portions of our Services or all functionality of our Services.

De-Linking Social Networking Sites. If you decide at any time that you no longer wish to have your social media account(s) (such as Facebook, Instagram or Twitter) linked to My Cookie Dealer, then you may de-link the social media account(s) in the “preferences” section in your User account settings.

XI. SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

WE RESPECT YOUR PRIVACY. WE WILL ONLY USE INFORMATION YOU PROVIDE THROUGH THE PROGRAM TO TRANSMIT YOUR MOBILE MESSAGES AND RESPOND TO YOU, IF NECESSARY. THIS INCLUDES, BUT IS NOT LIMITED TO, SHARING INFORMATION WITH PLATFORM PROVIDERS, PHONE COMPANIES, AND OTHER VENDORS WHO ASSIST US IN THE DELIVERY OF MOBILE MESSAGES. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. NONETHELESS, WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENTAL REQUEST, TO AVOID LIABILITY, OR TO PROTECT OUR RIGHTS OR PROPERTY. WHEN YOU COMPLETE FORMS ONLINE OR OTHERWISE PROVIDE US INFORMATION IN CONNECTION WITH THE PROGRAM, YOU AGREE TO PROVIDE ACCURATE, COMPLETE, AND TRUE INFORMATION. YOU AGREE NOT TO USE A FALSE OR MISLEADING NAME OR A NAME THAT YOU ARE NOT AUTHORIZED TO USE. IF, IN OUR SOLE DISCRETION, WE BELIEVE THAT ANY SUCH INFORMATION IS UNTRUE, INACCURATE, OR INCOMPLETE, OR YOU HAVE OPTED INTO THE PROGRAM FOR AN ULTERIOR PURPOSE, WE MAY REFUSE YOU ACCESS TO THE PROGRAM AND PURSUE ANY APPROPRIATE LEGAL REMEDIES.

CALIFORNIA CIVIL CODE SECTION 1798.83 PERMITS USERS OF THE PROGRAM THAT ARE CALIFORNIA RESIDENTS TO REQUEST CERTAIN INFORMATION REGARDING OUR DISCLOSURE OF THE INFORMATION YOU PROVIDE THROUGH THE PROGRAM TO THIRD PARTIES FOR THEIR DIRECT MARKETING PURPOSES. TO MAKE SUCH A REQUEST, PLEASE CONTACT US AT THE FOLLOWING ADDRESS:

MY COOKIE DEALER, LLC

82 LAKE AVE. S., SUITE 5,

NESCONSET, NEW YORK 11767, USA,

ATTENTION: PRIVACY TEAM.

PRIVACY@MYCOOKIEDEALER.COM

THIS PRIVACY POLICY IS STRICTLY LIMITED TO THE PROGRAM AND HAS NO EFFECT ON ANY OTHER PRIVACY POLICY(IES) THAT MAY GOVERN THE RELATIONSHIP BETWEEN YOU AND US IN OTHER CONTEXTS.

OTHER IMPORTANT PRIVACY INFORMATION

XII. Minors.

Our websites are not directed to minors (persons under the age of majority in their relevant jurisdiction), and we will not knowingly collect or sell Personal Data from minors without affirmative authorization. If you are a minor, do not use or provide any information on any of our Services, or on or through any of its features, make any purchases through our Services, use any of the interactive or public comment features of our Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected, received or sold Personal Data from a minor without verification of parental consent, we will delete that information. If you believe we may have any information from or about a minor, please contact our Privacy Team at privacy@mycookiedealer.com or Writing us at 82 Lake Ave. S., Suite 5, Nesconset, New York 11767, USA, Attention: Privacy Team.

Do Not Track Signals. Your browser settings may allow you to transmit a “Do Not Track” signal to websites you visit. Our websites, similar to many other websites and online services, do not respond to Do Not Track signals.

XIII. LINKS

We may have advertisements or other content that link to third party websites which have their own terms of use and privacy policies. If you decide to visit those websites, understand that you are leaving our websites and those third parties may place their own cookies or other files on your computer and collect, use or share your Personal Data according to their separate policies and practices. Please read those third parties’ privacy policies to determine how they collect and process your Personal Data. While we have no responsibility or liability for the content and activities of these linked websites, we are interested in protecting the integrity of our Services and welcome any feedback about those linked websites.

XIV. CHANGES TO THIS NOTICE

It is our practice to post any changes we make to this Notice on this page. If we make material changes to how we treat your Personal Data, we will notify you through a notice on the Services. The date this Notice was last updated is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable e-mail address for you, and for periodically visiting our Services and reviewing this Notice to check for any changes. By accessing or using our Services, you agree to this Notice. Your continued use of our Services after we make any changes to this Notice is deemed to be acceptance of those changes.

XV. HOW TO CONTACT US

If you have a privacy concern, complaint, suggestion or question for My Cookie Dealer, or if you wish to exercise your rights related to your Personal Data, please contact our Privacy Team at privacy@mycookiedealer.com; or My Cookie Dealer 82 Lake Ave. S., Suite 5, Nesconset, New York 11767, USA, Attention: Privacy Team.