California Consumer Privacy Act Disclosures
Last Update: August 1st , 2024
This Privacy Policy for California Residents (“CCPA Privacy Policy”) supplements the information contained in the general Privacy Policy of Pocket Air
This Privacy Policy for California Residents (“CCPA Privacy Policy”) supplements the information contained in the general Privacy Policy of Pocket Air
E. Mishan & Sons, Inc. (“Emson,” “we,” “our” or “us”) and applies to all visitors, users, and others who reside in the State of California (“consumers” or “you”) of our websites, mobile applications, our pages on social networking sites and other platforms, and streaming services or any site of ours or our affiliates that link to this policy (collectively "Site" or “Sites”) and the associated products, services, data, information and materials offered therein (“Services”). We adopt this policy to comply with the California Consumer Privacy Act (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this CCPA Privacy Policy.
In the event of any inconsistency between this CCPA Privacy Policy and Emson’s Terms and Conditions and/or general Privacy Policy, the provisions of this CCPA Privacy Policy control.
PLEASE READ OUR CCPA PRIVACY POLICY CAREFULLY. YOUR USE OF THE SERVICES CONSTITUTES YOUR CONSENT TO THIS CCPA PRIVACY POLICY. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO CONSENT TO THIS POLICY.
In the event of any inconsistency between this CCPA Privacy Policy and Emson’s Terms and Conditions and/or general Privacy Policy, the provisions of this CCPA Privacy Policy control.
PLEASE READ OUR CCPA PRIVACY POLICY CAREFULLY. YOUR USE OF THE SERVICES CONSTITUTES YOUR CONSENT TO THIS CCPA PRIVACY POLICY. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO CONSENT TO THIS POLICY.
1. What is a Consumer’s “Personal Information”
The CCPA defines “personal information” as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following:
• Identifiers such as a real name, alias, postal address, unique personal identifier including, but not limited to, a device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
• Any categories of personal information described in Civ. Code § 1798.80(e).
• Characteristics of protected classifications under California or federal law.
• Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Biometric information.
• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
• Geolocation data.
• Audio, electronic, visual, thermal, olfactory, or similar information.
• Professional or employment-related information.
• Education information, defined as information that is not publicly available, personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
• Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Sensitive personal information.
Personal information does not include publicly available information, consumer information that is deidentified, or aggregate consumer information.
The CCPA defines “Sensitive Personal Information” as personal information that reveals a consumer's social security, driver's license, state identification card, or passport number, a consumer's account login, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, a consumer's precise geolocation, a consumer's racial or ethnic origin, religious or philosophical beliefs, or union membership, the contents of a consumer's mail, email, and text messages, unless our business is the intended recipient of the communication and a consumer’s genetic data.
We collect sensitive personal information, as defined by California law, only for purposes allowed by law or with your consent. We do not collect or process sensitive personal information for inferring characteristics about you.
Some of the purposes for the collection and processing of sensitive personal information allowed by law include: to perform the services or provide the goods reasonably expected; to prevent, detect, and investigate security incidents; to resist malicious, deceptive fraudulent, or illegal actions directed at Emson and to prosecute those responsible for those actions; to ensure the physical safety of natural persons; for short-term, transient use; to perform services on behalf of Emson; and to verify or maintain the quality or safety of our products or services.
Sensitive personal information that is publicly available is not considered sensitive personal information or personal information.
2. How We Collect Your Information
When you visit or interact with our Sites, we and our third-party contractors and service providers (such as advertising and analytics providers) use technologies including trackers, cookies, pixel tags, web beacons, clear gifs, action tags, and other online tracking technologies (collectively, “online tracking technologies”) to collect personal information including MAC addresses, IP addresses, browser type and version, time zone setting, browser plug-in types, operating systems and platform, device type, and device identifiers, pages visited on our site, referring and exit pages, the dates and times of the visits, and the terms that you use in searches on our Sites. To the extent that these online tracking technologies are deemed to be a “sale” and or “sharing” (which includes targeted advertising, as defined by applicable laws), under certain applicable U.S. state laws, you can opt-out of these online tracking technologies by clicking the “Do Not Sell or Share My Personal Information” [ADD HYPERLINKhttps://emson.com/optout] link on our Sites or submitting a request as set forth in the Opt-Out Rights section of this Privacy Policy.
We use technologies, such as cookies, that gather information on our Sites. That information is used for a variety of purposes such as to understand how visitors interact with our Sites, or to serve advertisements on our Sites or on other websites and to help us improve, promote, and protect our Services. By using our Sites, you agree to our cookie policy. When you visit our Sites, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the Site the cookie may be read. We use cookies to help us collect the site visitation data described above and in some cases to deliver specialized content. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of our website may use cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. We may use this information for any purpose permitted by law.
Users can control the use of cookies at the individual browser level. If you prefer not to receive cookies on our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. Refusing cookies or turning them off may have unpredictable effects on the functionality of a site.
Our Sites may contain links to other sites. If you use these links, you will leave our Site. When you access a third-party site, even one that may contain our name or logos, please be aware that we do not control the content and we are not responsible for the privacy practices of that site. This Privacy Policy does not cover the information practices of third-party sites linked to our Sites, which are outside of our control.
Our Sites may include social media features such as the Facebook “Like” button, or the “Share This” button. Social media features on this site collect standard information such as your IP address, the page you are visiting on our website, and may use cookies. Social media functions provided by a third party are governed by the Third party’s privacy policy.
3. Information We Collect, How It Is Used and For How Long It Is Retained
The following chart outlines information that we collect, how it's used, and retention considerations based on specific criteria. Certain personal information can belong to multiple categories.
Identifiers Examples of information collected: Contact information (name, phone number, address, email address); social media handles and account information; unique personal identifiers.
Source(s) of information: Directly from you through our websites or from your communications with us; collected automatically when you interact with us by computers or devices interacting with our websites.
Purpose(s) of collection and use: All purposes listed in “Use of Personal Information” below.
Retention Considerations: Identifiers that are associated with a customer account will be retained for as long as necessary for the purpose(s) for which it was collected or other business, tax or legal purposes.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Examples of information collected: Name, address, telephone number, credit card number, in combination with a CVV (card verification value) or any other required security or access code, password or credentials allowing access to an account.
Source(s) of information: Directly from you through our websites or from your communications with us; collected automatically when you interact with us by computers or devices interacting with our websites; through our marketing partnerships.
Purpose(s) of collection and use: To process your purchases and payments and prevent transactional fraud; to help us personalize your experience on our Sites, showing you content and offers that are relevant to your location, to facilitate order fulfillment and delivery, ensuring that products or services are delivered to the correct address, as part of our security measures to detect and prevent fraudulent activities, and to help us ensure compliance with local laws.
Retention Considerations: Information that is associated with your account will be retained for as long as necessary for the purpose(s) for which it was collected or other business, tax or legal purposes. If you change information associated with your preferred payment method, we will dispose of the outdated information. Credit card information provided during purchase transactions will be retained only for the duration of the transaction.
Commercial information Examples of information collected: Credit card numbers and expiration dates, in combination with a CVV (card verification value) or any other required security or access code, password or credentials allowing access to an account; order history; billing and payment records; transaction and purchase information.
Source(s) of information: Directly from you; automatically when you make a purchase, return, or interact with our Sites; third party data providers.
Purpose(s) of collection and use: All purposes listed in “Use of Personal Information” below.
Retention Considerations: Credit card number provided during purchase transactions will be retained only for the duration of the transaction; other commercial information that is associated with your account will be retained for as long as necessary for the purpose(s) for which it was collected or other business, tax or legal purposes.
Sensitive Personal Information Examples of information collected: Credit card number in combination with a CVV (card verification value) or any other required security or access code, password or credentials allowing access to an account; precise geolocation.
Source(s) of information: Directly from you; automatically when you interact with us or use our Services.
Purpose(s) of collection and use: To process your purchases and payments and prevent transactional fraud; to help us personalize your experience on our Sites, showing you content and offers that are relevant to your location, to facilitate order fulfillment and delivery, ensuring that products or services are delivered to the correct address, as part of our security measures to detect and prevent fraudulent activities, and to help us ensure compliance with these local laws.
Retention Considerations Credit card information provided during purchase transactions will be retained only for the duration of the transaction. If you use features that rely on precise geolocation information, that information is disposed immediately when no longer in use.
Internet or other similar network activity Examples of information collected: Device identifiers (MAC address); device type and operating system; mobile network information; cookie or tracking pixel information; usage information (information about products or pages you browse and other interactions with our websites, apps, and advertisements).
Source(s) of information: Automatically when you interact with us online or connect with our systems.
Purpose(s) of collection and use: All purposes listed in “Use of Personal Information” below.
Retention Considerations: We dispose of this information on a regular basis, when no longer reasonably necessary for a business purpose.
Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information Examples of information collected: Call recordings (such as telephone orders and customer service calls).
Source(s) of information: Directly from you; automatically when you interact with us.
Purpose(s) of collection and use: All purposes listed in “Our Use of Personal Information” below.
Retention Considerations: We dispose of this information on a regular basis when no longer reasonably necessary for a business purpose.
Non-Precise Geolocation Data Examples of information collected: Physical location, IP addresses, coordinates obtained through GPS (Global Positioning System) technology.
Source(s) of information: Automatically through websites and apps, mobile devices, IOT (Internet of Things) devices (such as smartwatches, fitness trackers, and connected cars that may gather geolocation data as part of their functionality), and third-party services.
Purpose(s) of collection and use: To provide personalized service, geographically targeted marketing, fraud prevention.
Retention Considerations: Geolocation data will be retained only for as long as necessary to fulfill the purposes for which it is collected and all purposes listed in “Use of Personal Information” below.
Inferences drawn from other personal information Examples of information collected: Inferences drawn from the above about your interests and preferences.
Source(s) of information: Directly from you though our websites or from your communications with us; collected automatically when you interact with us by computers or devices interacting with our Sites; from third parties (commercial data brokers, other companies with which you engage) when you visit their sites or use their search engines.
Purpose(s) of collection and use: All purposes listed in “Use of Personal Information” below.
Retention Considerations: Information that is associated with your account will be retained for as long as necessary for the purpose(s) for which it was collected or other business, tax or legal purposes.
4. How We Use Your Information
We may use, sell or disclose the personal information we collect for one or more of the following purposes:
• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our Services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide, support, personalize, develop, and improve our Sites and Services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your experience with our Sites and to deliver personalize content and service offerings relevant to your interests, including targeted offers and ads through our Sites, third-party sites, and via email or text message (with your consent, where required by law) aligned with your interests.
• To help maintain the safety, security, and integrity of our Sites, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Sites, products, and services.
• To ensure the functionality and performance of our Sites, help us troubleshoot errors, optimize loading times, and provide you with a seamless browsing experience.
• To enhance our security measures and detect and prevent fraudulent activities.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We also permit third parties and service providers to use online tracking technologies on our Sites for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites.
To the extent these online tracking technologies are deemed to be a “sale” or “sharing” (which includes targeted advertising, as defined under the applicable laws) under applicable California laws, you can opt-out of these online tracking technologies, by:
• Clicking “Do Not Sell or Share My Personal Information” [ADD HYPERLINKhttps://emson.com/optout ], or
• Emailing us at Privacy@emsonusa.com with Opt Out Request in the subject line, and include your full name, e-mail address, and postal address in your message.
5. Disclosure Of Personal Information
We may disclose your personal information by disclosing it to a third party for a business purpose. Business purpose disclosures are made under written contracts with various third parties who help us provide, maintain and improve or services and such third parties may have access to your personal information to perform their services. For example, we may use a third party to process payments made to us, and may subcontract our production, fulfillment, analytics, reporting or other operations. We require such third parties to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract.
In the past twelve (12) months, we may have shared the following categories of personal information to the categories of third parties indicated in the chart below.
California law broadly defines "sale" such that it may include allowing third parties to receive certain information, such as IP address and/or browsing behavior to deliver interest-based (also called targeted) advertising with unaffiliated third party companies whose products and services may be of interest to you. Our use of online tracking technologies may be considered a “sale” or “sharing” under applicable law.
Personal Information Category Category of Third-Party Recipients
Disclosed To Or Shared With/Business Purpose Disclosures
A: Identifiers. To advertising, marketing, and analytics providers for marketing purposes; service providers, who provide services to us or to you on our behalf (e.g., processing payments, fulfilling orders)
B: California Customer Records personal information categories. None
C: Protected classification characteristics under California or federal law. None
D: Commercial information. To advertising, marketing, and analytics providers for marketing purposes; service providers, who provide services to us or to you on our behalf (e.g., processing payments, fulfilling orders)
E: Biometric information. None
F: Internet or other similar network activity. To advertising, marketing, and analytics providers for marketing purposes; service providers, who provide services to us or to you on our behalf (e.g., processing payments, fulfilling orders)
G: Geolocation data. To advertising, marketing, and analytics providers for marketing purposes, service providers, who provide services to us or to you on our behalf (e.g., processing payments, fulfilling orders)
H: Sensory data. None
I: Professional or employment-related information. None
J: Non-public education information. None
K: Inferences drawn from other personal information. None
We may disclose non-personal information, in aggregate form, to advertisers, customers and others.
6. California Consumer Privacy Rights
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.
As a California resident, you have the following rights:
Right To Know and/or Access, Delete, and Correct
Right to Know and/or Access. 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 twelve (12) months. Once we receive and confirm a verifiable consumer request from you, we will disclose to you, to the extent permitted by law:
• The specific pieces of personal information we have collected about you.
• The categories of personal information we collected about you.
• The categories of sources from which personal information about you is collected.
• Categories of your personal information that we have sold or disclosed for a business purpose.
• The categories of third parties with whom your personal information is sold or disclosed for a business purpose.
• The business or commercial purpose for collecting or selling your personal information.
You have the right to request that the personal information described above be provided to you in a portable and readily useable format, to the extent technically feasible ("data portability").
Right To Delete. You have the right to request that we delete the personal information that we collected from you or maintain about you, subject to certain exceptions. To the extent that we can delete your personal information, once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information, unless an exception applies.
Right To Correct. You have the right to request that we correct inaccurate or incomplete personal information that we have collected from you or maintain about you, subject to certain exceptions. Upon receipt of a verifiable request to correct personal information, we will use commercially reasonable efforts to correct personal information as you direct.
We will respond to a request to know/access, delete or correct no later than forty-five (45) calendar days after receipt of the request. If necessary, we may need to take up to an additional forty-five (45) calendar days to respond and, in such case, we will inform you of the reason and extension period in writing.
Exercising Your Rights to Know, Delete and Correct
You or your authorized agent may exercise your rights to know, delete or correct, by clicking the following link www.emson.com/datarightsrequest and completing and submitting our Data Rights Request Form.
Right to Opt-Out of the Sale and Sharing of Personal Information. You have the right to opt out of the processing of your personal information for the following purposes:
• Sale of your personal information.
• Sharing of your personal information for cross-context behavioral advertising.
The use of online tracking technologies may be considered a "sale" or "sharing" under California law. To the extent that these online tracking technologies are deemed to be a "sale" or "sharing" under California law, you may opt-out of these online tracking technologies.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have the right to request that we limit the ways we use and disclose your sensitive personal information (as defined by CCPA) to uses which are necessary for us to perform the Services, or deliver the goods reasonably expected by you, and as authorized by law.
Exercising Your Rights To Opt-Out of The Sale and Sharing of Personal Information And To Limit Use and Disclosure of Sensitive Personal Information
You or your authorized agent may exercise your rights to opt-out of the sale and sharing of personal information and limit use and disclosure of your sensitive personal information as follows:
• Clicking “Do Not Sell or Share My Personal Information” in the footer of our site or clicking https://www.emson.com/optout,
• Clicking “Limit Use of My Sensitive Personal Information” in the footer of our website or by clicking https://www.emson.com/optout,
• Emailing us at Privacy@emsonusa.com with Opt Out Request in the subject line, and include your full name, e-mail address, and postal address in your message and indicate “Do Not Sell or Share My Personal Information” and/or “Limit Use of My Sensitive Personal Information”.
Right to Non-Discrimination. You have the right not to receive discriminatory treatment for exercising your privacy rights.
Right to Appeal. You have the right to appeal our decision on your request. We shall inform you (within the time period permitted for a response) of the reasons for our decision. To exercise your right to appeal, please email us at Privacy@emsonusa.com with "Appeal of Data Rights Request Decision" in the subject line and provide a description of the reasons for your appeal.
7. Shine the Light Law
California's “Shine the Light” law permits users of our Sites that are California residents to request a list of personal information, if any, we have shared with third parties for their own marketing purposes. You can make this request once per year.
To make a Shine the Light request, email us at Privacy@emsonusa.com with “Shine the Light” in the subject line, and include your full name, e-mail address, and postal address in your message. We will respond within 30 days or as otherwise required by law.
8. Authorized Agent
You have the right to use an authorized agent to submit a request on your behalf. To designate an authorized agent to make a request on your behalf, please provide us with a power of attorney or other legally binding written document signed by you and identifying your agent. To act on your request, the authorized agent must provide sufficient information that allows us to reasonably verify that they have been authorized by you to act on your behalf. We may otherwise deny your or your agent's requests.
If you have been designated as an authorized agent to submit a request on behalf of another customer, you must make the appropriate selection when you submit a Request Form: https://emson.com/optout
The following chart outlines information that we collect, how it's used, and retention considerations based on specific criteria. Certain personal information can belong to multiple categories.
Identifiers Examples of information collected: Contact information (name, phone number, address, email address); social media handles and account information; unique personal identifiers.
Source(s) of information: Directly from you through our websites or from your communications with us; collected automatically when you interact with us by computers or devices interacting with our websites.
Purpose(s) of collection and use: All purposes listed in “Use of Personal Information” below.
Retention Considerations: Identifiers that are associated with a customer account will be retained for as long as necessary for the purpose(s) for which it was collected or other business, tax or legal purposes.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Examples of information collected: Name, address, telephone number, credit card number, in combination with a CVV (card verification value) or any other required security or access code, password or credentials allowing access to an account.
Source(s) of information: Directly from you through our websites or from your communications with us; collected automatically when you interact with us by computers or devices interacting with our websites; through our marketing partnerships.
Purpose(s) of collection and use: To process your purchases and payments and prevent transactional fraud; to help us personalize your experience on our Sites, showing you content and offers that are relevant to your location, to facilitate order fulfillment and delivery, ensuring that products or services are delivered to the correct address, as part of our security measures to detect and prevent fraudulent activities, and to help us ensure compliance with local laws.
Retention Considerations: Information that is associated with your account will be retained for as long as necessary for the purpose(s) for which it was collected or other business, tax or legal purposes. If you change information associated with your preferred payment method, we will dispose of the outdated information. Credit card information provided during purchase transactions will be retained only for the duration of the transaction.
Commercial information Examples of information collected: Credit card numbers and expiration dates, in combination with a CVV (card verification value) or any other required security or access code, password or credentials allowing access to an account; order history; billing and payment records; transaction and purchase information.
Source(s) of information: Directly from you; automatically when you make a purchase, return, or interact with our Sites; third party data providers.
Purpose(s) of collection and use: All purposes listed in “Use of Personal Information” below.
Retention Considerations: Credit card number provided during purchase transactions will be retained only for the duration of the transaction; other commercial information that is associated with your account will be retained for as long as necessary for the purpose(s) for which it was collected or other business, tax or legal purposes.
Sensitive Personal Information Examples of information collected: Credit card number in combination with a CVV (card verification value) or any other required security or access code, password or credentials allowing access to an account; precise geolocation.
Source(s) of information: Directly from you; automatically when you interact with us or use our Services.
Purpose(s) of collection and use: To process your purchases and payments and prevent transactional fraud; to help us personalize your experience on our Sites, showing you content and offers that are relevant to your location, to facilitate order fulfillment and delivery, ensuring that products or services are delivered to the correct address, as part of our security measures to detect and prevent fraudulent activities, and to help us ensure compliance with these local laws.
Retention Considerations Credit card information provided during purchase transactions will be retained only for the duration of the transaction. If you use features that rely on precise geolocation information, that information is disposed immediately when no longer in use.
Internet or other similar network activity Examples of information collected: Device identifiers (MAC address); device type and operating system; mobile network information; cookie or tracking pixel information; usage information (information about products or pages you browse and other interactions with our websites, apps, and advertisements).
Source(s) of information: Automatically when you interact with us online or connect with our systems.
Purpose(s) of collection and use: All purposes listed in “Use of Personal Information” below.
Retention Considerations: We dispose of this information on a regular basis, when no longer reasonably necessary for a business purpose.
Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information Examples of information collected: Call recordings (such as telephone orders and customer service calls).
Source(s) of information: Directly from you; automatically when you interact with us.
Purpose(s) of collection and use: All purposes listed in “Our Use of Personal Information” below.
Retention Considerations: We dispose of this information on a regular basis when no longer reasonably necessary for a business purpose.
Non-Precise Geolocation Data Examples of information collected: Physical location, IP addresses, coordinates obtained through GPS (Global Positioning System) technology.
Source(s) of information: Automatically through websites and apps, mobile devices, IOT (Internet of Things) devices (such as smartwatches, fitness trackers, and connected cars that may gather geolocation data as part of their functionality), and third-party services.
Purpose(s) of collection and use: To provide personalized service, geographically targeted marketing, fraud prevention.
Retention Considerations: Geolocation data will be retained only for as long as necessary to fulfill the purposes for which it is collected and all purposes listed in “Use of Personal Information” below.
Inferences drawn from other personal information Examples of information collected: Inferences drawn from the above about your interests and preferences.
Source(s) of information: Directly from you though our websites or from your communications with us; collected automatically when you interact with us by computers or devices interacting with our Sites; from third parties (commercial data brokers, other companies with which you engage) when you visit their sites or use their search engines.
Purpose(s) of collection and use: All purposes listed in “Use of Personal Information” below.
Retention Considerations: Information that is associated with your account will be retained for as long as necessary for the purpose(s) for which it was collected or other business, tax or legal purposes.
4. How We Use Your Information
We may use, sell or disclose the personal information we collect for one or more of the following purposes:
• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our Services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide, support, personalize, develop, and improve our Sites and Services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your experience with our Sites and to deliver personalize content and service offerings relevant to your interests, including targeted offers and ads through our Sites, third-party sites, and via email or text message (with your consent, where required by law) aligned with your interests.
• To help maintain the safety, security, and integrity of our Sites, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Sites, products, and services.
• To ensure the functionality and performance of our Sites, help us troubleshoot errors, optimize loading times, and provide you with a seamless browsing experience.
• To enhance our security measures and detect and prevent fraudulent activities.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We also permit third parties and service providers to use online tracking technologies on our Sites for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites.
To the extent these online tracking technologies are deemed to be a “sale” or “sharing” (which includes targeted advertising, as defined under the applicable laws) under applicable California laws, you can opt-out of these online tracking technologies, by:
• Clicking “Do Not Sell or Share My Personal Information” [ADD HYPERLINKhttps://emson.com/optout ], or
• Emailing us at Privacy@emsonusa.com with Opt Out Request in the subject line, and include your full name, e-mail address, and postal address in your message.
5. Disclosure Of Personal Information
We may disclose your personal information by disclosing it to a third party for a business purpose. Business purpose disclosures are made under written contracts with various third parties who help us provide, maintain and improve or services and such third parties may have access to your personal information to perform their services. For example, we may use a third party to process payments made to us, and may subcontract our production, fulfillment, analytics, reporting or other operations. We require such third parties to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract.
In the past twelve (12) months, we may have shared the following categories of personal information to the categories of third parties indicated in the chart below.
California law broadly defines "sale" such that it may include allowing third parties to receive certain information, such as IP address and/or browsing behavior to deliver interest-based (also called targeted) advertising with unaffiliated third party companies whose products and services may be of interest to you. Our use of online tracking technologies may be considered a “sale” or “sharing” under applicable law.
Personal Information Category Category of Third-Party Recipients
Disclosed To Or Shared With/Business Purpose Disclosures
A: Identifiers. To advertising, marketing, and analytics providers for marketing purposes; service providers, who provide services to us or to you on our behalf (e.g., processing payments, fulfilling orders)
B: California Customer Records personal information categories. None
C: Protected classification characteristics under California or federal law. None
D: Commercial information. To advertising, marketing, and analytics providers for marketing purposes; service providers, who provide services to us or to you on our behalf (e.g., processing payments, fulfilling orders)
E: Biometric information. None
F: Internet or other similar network activity. To advertising, marketing, and analytics providers for marketing purposes; service providers, who provide services to us or to you on our behalf (e.g., processing payments, fulfilling orders)
G: Geolocation data. To advertising, marketing, and analytics providers for marketing purposes, service providers, who provide services to us or to you on our behalf (e.g., processing payments, fulfilling orders)
H: Sensory data. None
I: Professional or employment-related information. None
J: Non-public education information. None
K: Inferences drawn from other personal information. None
We may disclose non-personal information, in aggregate form, to advertisers, customers and others.
6. California Consumer Privacy Rights
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.
As a California resident, you have the following rights:
Right To Know and/or Access, Delete, and Correct
Right to Know and/or Access. 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 twelve (12) months. Once we receive and confirm a verifiable consumer request from you, we will disclose to you, to the extent permitted by law:
• The specific pieces of personal information we have collected about you.
• The categories of personal information we collected about you.
• The categories of sources from which personal information about you is collected.
• Categories of your personal information that we have sold or disclosed for a business purpose.
• The categories of third parties with whom your personal information is sold or disclosed for a business purpose.
• The business or commercial purpose for collecting or selling your personal information.
You have the right to request that the personal information described above be provided to you in a portable and readily useable format, to the extent technically feasible ("data portability").
Right To Delete. You have the right to request that we delete the personal information that we collected from you or maintain about you, subject to certain exceptions. To the extent that we can delete your personal information, once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information, unless an exception applies.
Right To Correct. You have the right to request that we correct inaccurate or incomplete personal information that we have collected from you or maintain about you, subject to certain exceptions. Upon receipt of a verifiable request to correct personal information, we will use commercially reasonable efforts to correct personal information as you direct.
We will respond to a request to know/access, delete or correct no later than forty-five (45) calendar days after receipt of the request. If necessary, we may need to take up to an additional forty-five (45) calendar days to respond and, in such case, we will inform you of the reason and extension period in writing.
Exercising Your Rights to Know, Delete and Correct
You or your authorized agent may exercise your rights to know, delete or correct, by clicking the following link www.emson.com/datarightsrequest and completing and submitting our Data Rights Request Form.
Right to Opt-Out of the Sale and Sharing of Personal Information. You have the right to opt out of the processing of your personal information for the following purposes:
• Sale of your personal information.
• Sharing of your personal information for cross-context behavioral advertising.
The use of online tracking technologies may be considered a "sale" or "sharing" under California law. To the extent that these online tracking technologies are deemed to be a "sale" or "sharing" under California law, you may opt-out of these online tracking technologies.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have the right to request that we limit the ways we use and disclose your sensitive personal information (as defined by CCPA) to uses which are necessary for us to perform the Services, or deliver the goods reasonably expected by you, and as authorized by law.
Exercising Your Rights To Opt-Out of The Sale and Sharing of Personal Information And To Limit Use and Disclosure of Sensitive Personal Information
You or your authorized agent may exercise your rights to opt-out of the sale and sharing of personal information and limit use and disclosure of your sensitive personal information as follows:
• Clicking “Do Not Sell or Share My Personal Information” in the footer of our site or clicking https://www.emson.com/optout,
• Clicking “Limit Use of My Sensitive Personal Information” in the footer of our website or by clicking https://www.emson.com/optout,
• Emailing us at Privacy@emsonusa.com with Opt Out Request in the subject line, and include your full name, e-mail address, and postal address in your message and indicate “Do Not Sell or Share My Personal Information” and/or “Limit Use of My Sensitive Personal Information”.
Right to Non-Discrimination. You have the right not to receive discriminatory treatment for exercising your privacy rights.
Right to Appeal. You have the right to appeal our decision on your request. We shall inform you (within the time period permitted for a response) of the reasons for our decision. To exercise your right to appeal, please email us at Privacy@emsonusa.com with "Appeal of Data Rights Request Decision" in the subject line and provide a description of the reasons for your appeal.
7. Shine the Light Law
California's “Shine the Light” law permits users of our Sites that are California residents to request a list of personal information, if any, we have shared with third parties for their own marketing purposes. You can make this request once per year.
To make a Shine the Light request, email us at Privacy@emsonusa.com with “Shine the Light” in the subject line, and include your full name, e-mail address, and postal address in your message. We will respond within 30 days or as otherwise required by law.
8. Authorized Agent
You have the right to use an authorized agent to submit a request on your behalf. To designate an authorized agent to make a request on your behalf, please provide us with a power of attorney or other legally binding written document signed by you and identifying your agent. To act on your request, the authorized agent must provide sufficient information that allows us to reasonably verify that they have been authorized by you to act on your behalf. We may otherwise deny your or your agent's requests.
If you have been designated as an authorized agent to submit a request on behalf of another customer, you must make the appropriate selection when you submit a Request Form: https://emson.com/optout
We will need to verify your identity (or your agent's where applicable) prior to addressing or fulfilling a request made pursuant to the CCPA. Your request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information. If we cannot verify your or your agent's identity within 45 days, we may deny your request. Otherwise, we will respond within 30 days or within such other time as specified by law.
9. Children Policy
Our Sites are not intended for persons under the age of 18. We do not knowingly collect, sell or share personal information of persons under age 18 without affirmative authorization or without a verifiable opt-in consent from a parent. If you are a parent or guardian who has discovered that your child under the age of 18 has submitted his or her information without your permission or consent, you can ask us to remove your child’s information by contacting us at Privacy@emsonusa.com.
10. Accessibility
Our Sites are designed, developed and maintained with the aim of providing equal access and usability to individuals with disabilities. If you are having difficulty viewing or navigating the content of our Sites, or if you believe that any content, feature, or functionality is not fully accessible to persons with disabilities, please email us at Privacy@emsonusa.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement.
11. Changes to Our Privacy Policy
We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, 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.
12. Communicating With Us
If you have any questions or comments about our CCPA Privacy Policy or Emson’s General Privacy Policy, please do not hesitate to contact us by:
• Emailing us at Privacy@emsonusa.com
• Calling us Toll-Free 800-430-0475
• Mailing to:
E. Mishan & Sons, Inc.
Attn: Customer Service
230 Fifth Avenue, Suite 800
New York, New York 10001
If you need to access this Policy in an alternative format due to having a disability, please contact Privacy@emsonusa.com.
Our Sites are designed, developed and maintained with the aim of providing equal access and usability to individuals with disabilities. If you are having difficulty viewing or navigating the content of our Sites, or if you believe that any content, feature, or functionality is not fully accessible to persons with disabilities, please email us at Privacy@emsonusa.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement.
11. Changes to Our Privacy Policy
We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, 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.
12. Communicating With Us
If you have any questions or comments about our CCPA Privacy Policy or Emson’s General Privacy Policy, please do not hesitate to contact us by:
• Emailing us at Privacy@emsonusa.com
• Calling us Toll-Free 800-430-0475
• Mailing to:
E. Mishan & Sons, Inc.
Attn: Customer Service
230 Fifth Avenue, Suite 800
New York, New York 10001
If you need to access this Policy in an alternative format due to having a disability, please contact Privacy@emsonusa.com.