Effective Date: February 21, 2025
b. Joy Brands, LLC d/b/a Petalura® (“Petalura”) collects certain information from consumers 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. Some cookies are “essential” and will always be activated. An essential cookie is needed for the proper functioning of the Website. For example, an essential cookie remembers a your log-in information or keeps track of shopping cart items. You may opt out of other non-essential cookies as set forth in Section E below.
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.
Use of Cookies and Extended Tracking
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. 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.
Specifically, we employ Klaviyo's Extended ID feature, which uses first-party cookies to extend identity tracking for up to one year. This enables us to recognize returning visitors, understand their preferences, and deliver personalized content and marketing messages. Cookies may also allow our Website to remind you of your past purchases and to suggest similar products and services.
Data Collection and Usage
Through Extended ID, we collect information about your interactions with our website, such as pages visited, links clicked, and other browsing behaviors. This data helps us create tailored experiences and improve our services. Please note that Extended ID does not create new profiles based on information from other sites; it only re-identifies users with existing profiles in our system.
Your Choices
You have control over the use of cookies on our website. Upon your first visit, you will be prompted to accept or decline the use of cookies. Additionally, you can manage your cookie preferences through your browser settings at any time. Disabling cookies may affect the functionality of certain features on our website.
You have the right to opt-out of this activity. To opt-out, please follow the instructions in Section E of this Privacy Policy (ACCESSING, CORRECTING, OPTING OUT OF USE OF AND DELETING YOUR PII).
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. 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.
If you wish to: 1) opt out of or withdraw prior consent for your PII being shared with third parties; 2) correct your PII; 3) request deletion of your PII, or 4) if you have any other inquiries or requests regarding our collection and use of your PII from the Website, please fill out this form: Catalog / PII opt out, email us at info@petalura.com, or write to us at 3536 N Knox Ave, Chicago IL 60641, ATTN: Privacy Policy Request.
Upon submission of the request, you will be asked to provide your first name, last name, and email address. You will receive a verification email that will ask you to provide some additional information, such as an address, state, zip code and phone number. We will use the information provided to match the identifying information we have to verify your identity before processing the request.
F. Your Rights Under the CCPA
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 Do Not Sell My Personal Information link here: 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.
- Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information.
G. Rights of Residents of Certain Other States
California customers may request further information about our compliance with this law by contacting us at info@petalura.com or at by writing to us at 3536 N. Knox Avenue, Chicago IL 60641, ATT’N: Privacy Policy Request
Residents of Colorado, Connecticut, Indiana (after Jan. 1, 2026), Iowa, Kentucky (after Jan. 1, 2026), Maryland (after Oct. 1, 2025), Minnesota (after July 31, 2025), Montana, Nebraska, Nevada, New Hampshire, New Jersey, Oregon, Rhode Island (after Jan. 1, 2026), Texas, Tennessee (after July 1, 2025), Utah, and Virginia have the following rights, as further defined and limited by the applicable state law:
- The right to know, access and confirm what PII is collected.
- The right to delete your PII.
- The right to correct inaccuracies in your PII. (Not available to Iowa, Kentucky, and Utah residents*)
- The right to retrieve your data we hold in portable form.
- The right to know what PII is sold or shared. (Available only to Colorado, Delaware, Maryland, Minnesota, Oregon, and Utah residents)
- The right to obtain a list of third parties to which we have disclosed PII. (Available only to residents of Minnesota and Oregon)
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The right to withdraw consent to/opt out of:
- our processing of your PII, including for targeted advertising purposes. (Not available to Iowa residents*)
- the sale or sharing of your PII.
- automated decision making, including profiling, based upon your PII collected. (Not available to Utah residents*)
- The right to appeal if Legacy.com is unable to take action on your privacy rights request. (Not available to Utah residents*)
- The right to not be discriminated or retaliated against for exercising any of these rights. (Not available to Nebraska residents*)
*Although these rights do not currently apply to residents of these states, any user is welcome to contact us with any privacy concerns using the methods provided in Section E (ACCESSING, CORRECTING, OPTING OUT OF USE OF AND DELETING YOUR PII)
H. Amendment of This Privacy Policy
We may change this Privacy Policy at any time by posting an updated version on this page or on a successor page. The updated version will become effective on the date it is posted, which will be listed at the top of the page as the new Effective Date.