CA Privacy Rights

LEGAL RIGHTS AVAILABLE TO CALIFORNIA RESIDENTS TO HELP MANAGE YOUR PRIVACY

California residents, under the meaning of Section 17014 of Title 18 of the Cal. Code of Regulations, have specific rights regarding their Personal Information. This section describes those rights and how to exercise them.

What Personal Information Do We Collect?

We collect, and have collected Personal Information about our visitors within the preceding 12 months in the following categories, and for the following business or commercial purposes:

Categories of Personal InformationBusiness or Commercial Purpose for Which Each Category Will be Used
Identifiers (e.g., 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), or information that identifies, relates to, describes, or is capable of being associated with, a particular individualProvide you with the ability to access and interact with the Web Site; Maintain your account; Track Web Site access and interaction; Fulfill requests submitted through the Web Site and communicate with you; Process, fulfill, and ship orders submitted through the Web Site; Personalize and improve the Web Site; Advertising/marketing; Internal database; Analytics; Connect you with the particular products featured on the Web Site; Detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity; Debug to identify and repair errors that affect functionality of the Web Site; Tracking consumer interaction with the Site (counting ad impressions, verifying positioning and quality of ad impressions, etc.); and Legal compliance
Characteristics of protected classifications under California or federal law (e.g., gender)Provide you with the ability to access and interact with the Web Site; Maintain your account; Track Web Site access and interaction; Fulfill requests submitted through the Web Site and communicate with you; Process, fulfill, and ship orders submitted through the Web Site; Personalize and improve the Web Site; Advertising/marketing; Internal database; Analytics; Connect you with the particular products featured on the Web Site; Detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity; Debug to identify and repair errors that affect functionality of the Web Site; Tracking consumer interaction with the Site (counting ad impressions, verifying positioning and quality of ad impressions, etc.); and Legal compliance
Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)Provide you with the ability to access and interact with the Web Site; Maintain your account; Track Web Site access and interaction; Fulfill requests submitted through the Web Site and communicate with you; Process, fulfill, and ship orders submitted through the Web Site; Personalize and improve the Web Site; Advertising/marketing; Internal database; Analytics; Connect you with the particular products featured on the Web Site; Detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity; Debug to identify and repair errors that affect functionality of the Web Site; Tracking consumer interaction with the Site (counting ad impressions, verifying positioning and quality of ad impressions, etc.); and Legal compliance
Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with a website, application, or advertisement)Provide you with the ability to access and interact with the Web Site; Maintain your account; Track Web Site access and interaction; Fulfill requests submitted through the Web Site and communicate with you; Process, fulfill, and ship orders submitted through the Web Site; Personalize and improve the Web Site; Advertising/marketing; Internal database; Analytics; Connect you with the particular products featured on the Web Site; Detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity; Debug to identify and repair errors that affect functionality of the Web Site; Tracking consumer interaction with the Site (counting ad impressions, verifying positioning and quality of ad impressions, etc.); and Legal compliance
Geolocation dataProvide you with the ability to access and interact with the Web Site; Maintain your account; Track Web Site access and interaction; Fulfill requests submitted through the Web Site and communicate with you; Process, fulfill, and ship orders submitted through the Web Site; Personalize and improve the Web Site; Advertising/marketing; Internal database; Analytics; Connect you with the particular products featured on the Web Site; Detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity; Debug to identify and repair errors that affect functionality of the Web Site; Tracking consumer interaction with the Site (counting ad impressions, verifying positioning and quality of ad impressions, etc.); and Legal compliance
Inferences drawn from any of the above information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, behavior, etc.Provide you with the ability to access and interact with the Web Site; Maintain your account; Track Web Site access and interaction; Fulfill requests submitted through the Web Site and communicate with you; Process, fulfill, and ship orders submitted through the Web Site; Personalize and improve the Web Site; Advertising/marketing; Internal database; Analytics; Connect you with the particular products featured on the Web Site; Detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity; Debug to identify and repair errors that affect functionality of the Web Site; Tracking consumer interaction with the Site (counting ad impressions, verifying positioning and quality of ad impressions, etc.); and Legal compliance

“Collection of Personal Information” and “Usage and Disclosure of Personal Information” headings above.

Regarding the categories of sources from which Personal Information is collected, in addition to collecting Personal Information through the Site in all of the above categories, we may also collect Personal Information in all of the above categories through advertising networks, internet service providers, our marketing partners, and operating systems and platforms

What Personal Information Do We Disclose or Sell?

Within the preceding 12 months, we have disclosed and sold Personal Information in all of the above categories to the categories third parties identified under the “Usage and Disclosure of Personal Information” heading above. In addition, we may disclose your Personal Information in any of the above categories if legally required to do so, in our sole discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public. Also, in the event that we, or substantially all of our assets, are acquired, Personal Information in all of the above categories may be included within the transferred assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such Personal Information in all of the above categories in a transaction approved by the court.

We do not have any actual knowledge of the sale of Personal Information of minors under 16 years of age. There are no financial incentives to disclose.

Right to Know About Personal Information Collected, Disclosed, or Sold:

Under the California Consumer Privacy Act of 2018 (“CCPA”), up to twice in a twelve (12) month period, a California resident has the right to request, subject to verification of your identity, that we disclose to you what Personal Information we have collected, used, disclosed, or sold over the past 12 months.

A “request to know” is a request related to the Personal Information that a business has about such consumer. It may include a request for any or all of the following from us:

  1. specific pieces of Personal Information that we have collected about you;
  2. categories of Personal Information that we have collected about you;
  3. categories of sources from which the Personal Information was collected;
  4. categories of Personal Information that we have sold or disclosed for a business purpose about you;
  5. categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and
  6. the business or commercial purpose for collecting or selling Personal Information.

To submit a request to know, please submit your request to us via email to: [email protected]. Please specify in your email communication that you are making a “request to know” under the CCPA. To process your request, we may require that you submit the following information in conjunction with your request and/or account: your name, a California address, email address, and phone number. The information which you provide will be used to verify your request and to attempt to identify you within our data records. If you elect to use an authorized agent to exercise your right to submit a request for information, we may require the following before processing the request: 1) provide proof of your written and signed permission with the authorized agent to act on your behalf; 2) directly verify your own identity with us; and 3) directly confirm with us that you provided the authorized agent permission to submit the request on your behalf. The information which you submit in conjunction with your request to know will be used for the express purposes of verification and providing you with responsive information to your request, if required.

We will confirm receipt of your request within 10 days and attempt to respond to requests to know within 45 days. We will also let you know if we are not able to verify your identify based on the information you have provided.

Right to Request Deletion of Personal Information:

You have the right to request, subject to our verification of your identity, that we delete the Personal Information that we have collected or maintain about you, subject to certain exceptions.  To submit a verifiable request to delete, please submit your request to us via email to: [email protected] , or via mail to Third Element Marketing LLC DBA Morning Discovery, 11523 Palmbrush Trail #335, Lakewood Ranch, FL 34202. Please specify in your email communication that you are making a “request to delete” under the CCPA. To process your request, we may require that you submit the following information in conjunction with your request and/or account: your name, a California address, email address, and phone number. The information which you provide will be used to verify your request and to attempt to identify you within our data records. If you elect to use an authorized agent to exercise your right to submit a request for deletion, we may require the following before processing the request: 1) provide proof of your written and signed permission with the authorized agent to act on your behalf; 2) directly verify your own identity with us; and 3) directly confirm with us that you provided the authorized agent permission to submit the request on your behalf. The information which you submit in conjunction with your request to delete will be used for the express purposes of verification and fulfilling your request, if required.

To the extent that your Personal Information is necessary for us to maintain for a reason delineated in Cal. Civ. Code § 1798.105(d), including but not limited to complete a transaction for which the Personal Information was collected, provide a good or service you have requested, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, debug, etc., or to comply with a legal obligation, we are not required to comply with your request for deletion. For instance, we are not required to delete Personal Information which is necessary to maintain suppression files for those individuals who have opted out of receiving email marketing from us. If we are unable to verify your request, we will notify you as well.

We will confirm receipt of your request within 10 days and attempt to respond to requests to delete within 45 days. We will also let you know if we are not able to verify your identify based on the information you have provided.

Right to Opt-Out:

As noted above, we sell Personal Information. You have the right to opt-out of the sale of your Personal Information. Our Web Site homepage features a “Do Not Sell My Personal Information” link, which you can click to submit your request to opt-out of the sale of your Personal Information. You may also email us at [email protected] to submit your request to opt-out of the sale of your Personal Information. Please specify in your email communication that you are making a “request to opt-out” under the CCPA. In conjunction with your request, we may require that you submit the following information in conjunction with your request and/or account: your name, a California address, email address, and phone number to verify and process your request. The information which you provide will be used to verify your request and to attempt to identify you within our data records. If you elect to use an authorized agent to exercise your right to opt-out, we may require the following before processing the request: 1) provide proof that the authorized agent has been authorized to act on your behalf. The information which you submit in conjunction with your request to opt-out will be used for the express purposes of verification and complying with the opt-out request, if required.

We will respond to requests to opt-out no later than 15 business days from the date we receive the request.

Right to Non-Discrimination for the Exercise of Your Privacy Rights:

California affords consumers with the right not to receive discriminatory treatment by a business for the exercise of their privacy rights conferred by the CCPA. This means that you cannot be denied goods or services; be charged different prices or rates; be provided with a different level or quality of goods or services; or have it suggested that you will receive a different price or rate or different level or quality of goods or services. However, a business may offer a financial incentive or price or service difference if it is reasonably related to the value of the consumer’s data. A business shall notify consumers of any financial incentive or price or service difference.

California “Shine the Light” Inquiries

Section 1798.83 of the California Civil Code permits California residents who have provided their Personal Information to us to request data regarding our disclosure of their information to third parties for direct marketing purposes (information about third parties with whom we have shared Personal Information about you or your family for direct marketing purposes during the previous calendar year, and a description of the categories of Personal Information shared). In the event you wish to contact us regarding the foregoing, please refer to the instructions below.

Please specify in your communication that you are making a “California Shine the Light” inquiry.

Individuals who reside in California and have provided their Personal Information may request information regarding disclosures of this information to third parties for direct marketing purposes. Such requests may be submitted to us by email at [email protected] or at the following mailing address: Third Element Marketing LLC DBA Morning Discovery, 11523 Palmbrush Trail #335, Lakewood Ranch, FL 34202. Please outline in your letter or email that you are making a “California Shine the Light” inquiry. We will respond to your inquiry within 30 days. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.