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privacy policy

Effective Date: October 24, 2022

b. Joy Brands, LLC d/b/a Petalura® (“Petalura”) collects certain information from consumer who browse or shop through our website, located at Petalura.com (our “Website”). This Privacy Policy informs you of our policies and procedures related to the collection and use of such information, including information that identifies an individual Website user (“User”) or can be reasonably linked to a User, their computer or device (“Personally Identifiable Information” or “PII”). This Privacy Policy applies only to our Website. It does not apply to any third party site or service linked to our Website or recommended or referred by our Website, through our products or services, or by our staff. And it does not apply to any other website, product, or service operated by us, or to any offline activities. By accessing the Website, you agree to be bound by the Privacy Policy in force at the time of access.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/petalura/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/petalura/privacy_policy).

A. Personally Identifiable Information (“PII”) We Collect

We may collect the following PII from Users who create a Website account or use the Website to purchase products or services using the Website: name, e-mail, phone number, and shipping addresses. We also use “cookies” to collect certain information from all Users, including Website Users who do not purchase anything through our Website. A cookie is a string of data our system sends to your computer and then uses to identify your computer’s web browser when you return to our Website. Cookies give us usage data, like how often you visit, where you go at the site, and what you do.

B. How We Use PII We Collect

We use your PII to create your Website account, process your Website transactions, to communicate with you about products and services you’ve purchased through the Website, to offer you additional products and services and to ensure an effective customer experience on the Website. We also use that information to the extent necessary to enforce our Website terms of service.

We use cookies so that our Website can remember you and ¬provide you with the information you’re most likely to need. For instance, when you return to our Website, cookies identify you and prompt the Website to retrieve information associated with your account to improve your Website experience. Cookies may also allow our Website to remind you of your past purchases and to suggest similar products and services. Finally, we use information gained through cookies to compile statistical information about use of our Website, such as the time users spend at the site and the pages they visit most often. Those statistics do not include PII.

We use third parties to improve our ability to identify visitors to our website. As part of this service, we may make available identifiers to these third parties including our visitors’ IP addresses, cookies, and hashed versions of email addresses captured from your visit. We, and third parties, use this data to obtain more information about our visitors and reach out to them through other channels, such as email and/or direct mail. These companies may also use non-personally identifiable information related to your browser type or browsing habits during your visits to the Website and other web sites to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third party web beacon to collect this information. You have the right to opt-out of this activity. To opt-out, please follow the instructions in Section E of this Privacy Policy.

C. Protection of PII

We maintain a variety of data security safeguards to protect PII collected through the Website including 128 bit SSL encryption.  Unfortunately, even with these measures, we cannot guarantee the security of PII. By using our Website, you acknowledge and agree that we make no such guarantee, and that you use our Website at your own risk.

D. Service Provider and Other Third Party Access to PII

We may contract with companies or persons to provide certain services including credit card processing, shipping, data analysis and management, marketing and promotional services, etc. (“Service Providers”). We may provide our Service Providers with the information needed for them to perform these services, and our marketing partners may use PII for their own marketing/commercial purposes. We receive names and mailing addresses from third parties for direct mail marketing purposes. If you would like to opt-out of the use of your PII, please contact us at info@petalura.com. We also ask our Service Providers to confirm that their privacy practices are consistent with ours. We may publish certain User data analysis or statistics that do not include PII, or share them with third parties.

We also may disclose PII to our attorneys, tribunals, collection agencies, or law enforcement authorities to address contract violations or suspected illegal behavior. We will disclose any information demanded in a valid subpoena or court order. Finally, we may share PII in connection with a corporate transaction, like a merger or sale of our company, or a sale of all or substantially all of our assets or of the product or service line you received from us, or a bankruptcy.  Except as set forth in this Privacy Policy, we do not share PII with third parties.

E. Accessing, Correcting and Opting out of Use of Your PII

You can access and change any PII we have collected from the Website and stored on the “My Dashboard” page of the Website when you are logged in. You may request deletion of your personal data by emailing us at info@petalura.com  or at 3536 N Knox Ave, Chicago IL 60641 with inquiries or requests regarding our collection and use of your PII from the Website.

If you wish to opt out of your PII being shared with third parties or you wish us to delete your PII, please email us at info@petalura.com.

F. Your Rights under the CCPA

You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:

Disclosure of Personal Information We Collect About You

You have the right to know:

  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information is collected;
  • Our business or commercial purpose for collecting or selling personal information;
  • The categories of third parties with whom we share personal information, if any; and
  • The specific pieces of personal information we have collected about you.
  • Please note that we are not required to:
  • Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
  • Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
  • Provide the personal information to you more than twice in a 12-month period.

Personal Information Sold or Used for a Business Purpose

In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:

  • The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
  • The categories of personal information that we disclosed about you for a business purpose.

You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale or disclosure of your personal information, visit our homepage and click on the Catalog / PII opt out.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

  • Delete your personal information from our records; and
  • Direct any service providers to delete your personal information from their records.
Please note that we may not delete your personal information if it is necessary to:
  • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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 you and us;
  • 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;
  • 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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • Comply with an existing legal obligation; or
  • Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

    Protection Against Discrimination

    You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

    • Deny goods or services to you;
    • Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
    • Provide a different level or quality of goods or services to you; 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.

    California customers may request further information about our compliance with this law by contacting us at info@petalura.com or at 3536 N. Knox Avenue, Chicago IL 60641.

    G. Amendment of This Privacy Policy

    We may change this Privacy Policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the date it’s posted, which will be listed at the top of the page as the new Effective Date.

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