California Privacy Notice
COLLECTION AND USE OF PERSONAL INFORMATION
We collect 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”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not Personal Information. To the extent this data is stored or associated with Personal Information, it will be treated as Personal Information; otherwise, the data is not subject to this notice.
Sources of Personal Information
We collect Personal Information from the following sources:
- From You: When you register an account or complete a transaction through the Services, we collect Personal Information, such as your name, title, email address, phone number, address, billing information and other similar information.
- From Friends: We may receive your Personal Information from other people (e.g., if someone sends you a gift).
- Automatically Collected: We collect Personal Information automatically through logging and analytics tools, cookies, pixel tags, and as a result of your use of and access to the Services.
Use of Personal Information
We collect and Process your Personal Information for our business purposes, which include the following:
- To provide, update, maintain and protect the Services and our business. This includes use of Personal Information to support delivery of the Services, prevent or address service errors, security or technical issues, and analyze and monitor usage, trends and other activities or at your request. Apothékary may use your email address or phone number to send you notices (including any notices required by law, in lieu of communication by postal mail). If you correspond with Apothékary by email, Apothékary may retain the content of your email messages, your email address and our responses.
- As required or permitted under applicable law, legal process or regulation. Apothékary may in certain instances be compelled by law to process your Personal Information in order to comply with a binding order. Apothékary will only do so to the extent reasonably required by that order.
- To communicate with you by responding to your requests, comments and questions. If you contact Apothékary, Apothékary may use your Personal Information to respond.
- To send emails and other communications. Apothékary may send you service, technical and other administrative emails, messages and other types of communications, including to inform you about changes in our products, and important notices, such as security and fraud notices.
- For billing, account management and other administrative matters. We may need to contact you for invoicing, account management and similar reasons, and we use account data to administer accounts and keep track of billing and payments.
- To investigate and help prevent security issues and abuse.
We will not use the Personal Information we collected for material different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.
Processing of Personal Information
Within the last twelve (12) months, we have collected the following categories of Personal Information:
- Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
- Personal information categories listed in the California Customer Records statute (Cal. 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
- 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 (e.g., video surveillance in our stores)
- Inferences drawn from any of the information above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
Sharing of Personal Information
We share Personal Information with the following categories of third parties:
- Service Providers. Apothékary shares Personal Information with its Service Providers:
- Apothékary shares certain Personal Information with its shipping company, credit card processing company, payment service provider (such as Stripe), email service provider and other third party service providers necessary in order to fulfill an order placed through the Services.
- Apothékary may share Personal Information and other information we collect with our Service Providers in connection with our marketing and business development efforts.
- Apothékary shares Personal Information for purposes of better understanding the usage of the Services by Users and improving on that experience.
We share the following categories of Personal Information with the following categories of third parties:
- Identifiers: advertising networks, data analytics providers, and social networks
- Internet or other electronic network activity information: advertising networks, data analytics providers, and social networks
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, known as the “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to firstname.lastname@example.org (mailto:%email@example.com), and are free of charge. We do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.
The CCPA provides California residents with the following rights. For more information about how to exercise your CCPA rights, see the “Submitting a Verified Consumer Request” section below.
- Right to Know: You have the right to request that we disclose certain information to you about the Personal Information we collected, used, disclosed, and sold about you in the past 12 months. This includes a request to know any or all of the following:
- The categories of Personal Information collected about you;
- The categories of sources from which we collected your Personal Information;
- The categories of Personal Information that we have sold or disclosed about you for a business purpose;
- The categories of third parties to whom your Personal Information was disclosed for a business purpose;
- Our business or commercial purpose for collecting or selling your Personal Information; and
- The specific pieces of Personal Information we have collected about you.
2. Data Portability: You have the right to request a copy of Personal Information we hold about you.
3. Right to Deletion: You have the right to request that we delete the Personal Information we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your Personal Information, we may deny your request or may retain certain elements of your Personal Information if it is necessary for us or our service providers to:
- Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- 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 deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
- To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
4. Right to Opt-In to Financial Incentives: You have the right to opt-in to financial incentives. You also have the right to opt-out at any time. Please see the “Notice of Financial Incentives” section below for more information about the financial incentives that we offer.
5. Right to Non-Discrimination: You have the right to opt-out of the sale of your Personal Information. You also have the right to opt-in to the sale of Personal Information.
6. Right to Know: You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless 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 a different level or quality of goods or services.
- Suggest that you my receive a different price or rate for goods or services or a different level or quality of goods or services.
Some of our Services, however, may require your Personal Information. If you choose not to provide your Personal Information that is necessary to provide any aspect of our Services, you may not be able to use those Services.
SUBMITTING A VERIFIED CONSUMER REQUEST
To exercise your Right to Know, Data Portability, and Right to Delete, you must provide us with sufficient information to allow us to verify your identity, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.
To exercise your California privacy rights described above, please submit a verifiable request to us by emailing us at firstname.lastname@example.org.
Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your Personal Information.
You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 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 Information or an authorized representative. We will need to verify your identity with appropriate verification information
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.
Consumer Request by an Authorized Agent
If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we request the below items:
- To verify your authorization to request on behalf of a California resident, provide one or more of the following: (1) California Secretary of State authorization, (2) written permission from the California resident, or (3) power of attorney
- Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
- To verify the identity of the California resident for whom the request is being made, provide the information required above.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.
We will acknowledge receipt of the request within ten (10) days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information 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.
SALE OF PERSONAL INFORMATION
We do not and will not knowingly sell the Personal Information of minors under the age of 16 without affirmative authorization.
Do Not Track
We may use third-party advertising companies to serve or track ads on our Site and other sites. Third-party advertising companies may use Personal Information about your visits to this Site or other sites, collected through cookies, pixel tags and other tracking technologies, in order to provide advertising that may be of interest to you and measure advertising effectiveness. We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms.
NOTICE OF FINANCIAL INCENTIVES
From time to time, we may offer a financial incentive in the form of a discount to our customers in exchange for the collection of Personal Information. For example, consumers who sign up for Apothékary emails/SMS receive a one-time promotional code for a discount off their first purchase. You can opt-in to receive such incentives by responding to any offers contained in such email/SMS messages. You can withdraw your consent from the financial incentive at any time by clicking on the appropriate link at the bottom of our marketing communications.
CHANGES TO CALIFORNIA NOTICE
Apothékary may amend or update from time to time this California Notice in its sole discretion. Any such amendments or updates will be effective upon our posting of the revised California Notice. Your continued use of the Site following our posting of any revised California Notice will constitute your acknowledgement and acceptance of the amended California Notice.
This California Notice was last modified on December 2021.
ADDITIONAL INFORMATION AND ASSISTANCE