Effective Date: August 21, 2020

This California Privacy Notice (“California Notice”) supplements the Privacy Policy and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). Alex Mill Company, LLC (“Alex Mill”, “we”, “us”, “our”) adopted this California Notice to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”). Any terms defined in the CCPA and not defined here have the same meaning when used in this California 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 your Personal Information from the following sources:

• From You. When you provide it to us directly, such as when you make a purchase through the Services; and
• Automatically Collected. Through logging and analytics tools, cookies, and as a result of your use of access to the Services.

Use of Personal Information

We collect and process your Personal Information for our business purposes, which include the following:

1. Fulfill orders placed through the Services (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations);
2. Communicate with you;
3. Screen for potential risk or fraud;
4. Provide you with information or advertising relating to our products or services; and
5. Improve and optimize our Services (for example, by generating analytics about how our customers browse and interact with the Services, and to assess the success of our marketing and advertising campaigns).

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.

Sharing of Personal Information

We share Personal Information with the following categories of third parties:

• Service Providers. We share your Personal Information with our service providers, such as Shopify and Google Analytics.
• Third Parties. We share your Personal Information with other third parties. For example, we use certain advertising and tracking technologies on our Site, and those technologies share data collected with the technology providers. We may also share your Personal Information to comply with applicable laws and regulations; to respond to a subpoena, search warrant or other lawful request for information we receive; or to otherwise protect our rights.

Processing of Personal Information

Within the last twelve (12) months, we have collected, used, and shared Personal Information as follows:

YOUR CALIFORNIA PRIVACY RIGHTS

California’s “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 previous 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 help@alexmill.com, and are free of charge. 

The CCPA provides California residents with the following rights. For more information about how to exercise your CCPA rights, see SUBMITTING A VERIFIED CONSUMER REQUEST below.

1. 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 our financial incentive(s). You also have the right to opt-out at any time. Please see the “Notice of Financial Incentive” section below for more information about our financial incentive(s).

5. Right to Opt-Out/In: 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. Please see our “Notice of Right to Opt-Out” by clicking on this “Do Not Sell My Personal Information” link for more information about your opt-out/in rights.

6. Right to Non-Discrimination: 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 the 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: 

• Visiting https://alexmill.com/pages/do-not-sell.
• Emailing us at help@alexmill.com.

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 require an email be sent to help@alexmill.com, along with all of 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 appropriate verification information.

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. 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 never monetize your personal information; however, the CCPA has a broad definition of “sale” that includes transactions other than what would be traditionally considered sales. In the past twelve (12) months, we have “sold” (as defined under the CCPA) the categories of Personal Information set forth in the table under “Processing of Personal Information” above. We “sold” your Personal Information for the purposes described in this California Notice and the Privacy Policy. 

We do not and will not knowingly sell the Personal Information of minors under the age of 16 without affirmative authorization.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. Note, however, that you may find information about how to opt out of targeted advertising in our Privacy Policy. 

NOTICE OF FINANCIAL INCENTIVE

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, customers who sign up for Alex Mill news receive a discount promotional code off their first purchase. You can opt-in to receive this discount by entering your email address and selecting your interest (“Women’s” or “Men’s”) when prompted on the Site. You can withdraw your consent from the financial incentive at any time by clicking on the “Unsubscribe” link at the bottom of our marketing communications.

 

CHANGES

We may update this California Notice from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. Any such updates will be effective upon our posting of the revised California Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this California Notice, such as by posting a notice on the Services or sending you an email. Your continued use of the Services following our posting of any revised California Notice will constitute your acknowledgement of the amended California Notice.

SECTION 21 - SMS

1. Each statement of the terms and conditions required by these Terms must disclose that Company will send the Messages if any end user elects to receive marketing or promotional text messages, including such end user’s right to revoke her or his consent to receive such marketing or promotional text messages. For Company’s convenience, Wunderkind provides the following sample terms and conditions disclosure, but strongly encourages Company to work with its own counsel to ensure these disclosures accurately represent Company’s practices:

• If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing (and signing) your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional, and your consent is not a condition for purchase. You can opt out of receiving any further Text Messages from this program at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email help@alexmill.com. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. 

 

2. Each privacy statement required by these Terms must describe that Company and third-party partners may use information collected via the Site(s) to send marketing and support messages including, with the end user’s consent, marketing, and support text messages. For Company’s convenience, Wunderkind provides the following sample privacy statement disclosure, but strongly encourages Company to work with its own counsel to ensure these disclosures accurately represent Company’s practices:

• You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages (IE Cookies). To the extent you voluntarily opt to have Text notifications sent directly to your cell phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.

 

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at help@alexmill.com or by mail using the details provided below:

 

Alex Mill

[Re: Privacy Compliance Officer]

Alex Mill Company LLC, 270 Lafayette St, Suite 1005, New York NY 10012, United States