Privacy Policy for California Residents

SHOP.COM

Effective Date: January 2020

Last Reviewed on: November 7th, 2019

This Privacy Policy for California Residents supplements the information contained in the Privacy Policy for all our sites. The sites include any Market America–branded URL, including, without limitation, sites such as SHOP.COM, marketamerica.com, lumieredevie.com, motivescosmetics.com and isotonix.com; custom mini websites and features; content and applications offered from time to time in connection with all Market America–branded websites (collectively, “The Site”); and our mobile applications (collectively the “Mobile App”), and applies solely to all visitors, users and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

This Privacy Policy for California Residents is part and incorporated with all Policies and Terms of Use currently posted on The Site. All policies and terms posted in The Site may be changed, in our sole discretion. Your use of The Site constitutes your acceptance of this Policy and Terms.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). The Site may have collected the following categories of personal information from its consumers within the last twelve (12) months:

Category Examples (may not all apply) Collected
A. Identifiers A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers. Yes
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, physical characteristics or description, address, telephone number, education, employment, bank account number, credit card number, debit card number, or any other financial information, or medical information. Some personal information included in this category may overlap with other categories. Yes
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions). Yes
D. Commercial Information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Yes
E. Biometric Information. Behavioral and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as keystroke; physical patterns; and sleep, health or exercise data. Yes
F. Internet or another similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application or advertisement. Yes
G. Geolocation data. Physical location or movements based on IP address. Yes
H. Sensory data. Audio, electronic, visual, thermal, olfactory or similar information. Yes
K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes. Yes

Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA's scope, like:

    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

The Site obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.

    The information we collect may include, without limitation, your name, address, telephone number, email address, buying habits, personal data (such as your skin type, skincare routine, concerns about skincare, age), corporate information, testimonial, credit card information and date of birth. Personal information will be collected at various times including, without limitation, when you:

    • Register as a Preferred Customer
    • Apply to and/or participate in the Pro-Artist Program
    • Apply to and/or participate in the Motives® Affiliate Program
    • Order or reorder products, services and/or gift cards by telephone or on The Site
    • Write an email or letter to Market America
    • Enroll in or use for AutoShip
    • Participate in our Cashback Program
    • Submit a product review or testimonial to Market America
    • Complete the skincare analysis
    • Return an item or make an exchange
    • Participate in a marketing survey, promotion or event
    • Contact our customer service or product information departments
    • Navigate the website
    • Register on our website
    • Order products and services from our partner stores
  • Indirectly from you. For example, from observing your actions on our website.

    1. Technical information we collect and store automatically. When you visit The Site, we may store some or all of the following: the internet address from which you accessed The Site, the date and time you visited The Site, whether you are a new or returning visitor, the page from which you exit The Site, what country you are visiting from (your network location), the internet address of the website from which you linked to The Site, the name of the file or words you searched for, items clicked on a page, and the browser and operating system used.
    2. Cookies. In addition, we store certain information from your browser using cookies. A cookie is a small data file that is stored by your web browser on your computer. The cookies we use include, without limitation, session ID cookies and persistent cookies.

Use of Personal Information

We may use, share or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize and develop our website, products and services.
  • To create, maintain, customize and secure your account with us.
  • To process your requests, purchases, transactions and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security and integrity of our website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis and product development, including to develop and improve our website, products and services.
  • To respond to law enforcement requests and as required by applicable law, court order or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

The Site will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you notice.

Sharing Personal Information

We do not sell your personal information for monetary consideration. However, The Site may disclose your personal information to a third party for a business purpose, or may share your personal information to enhance your experience in our sites, such as to personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted product offers and ads through our website and third-party sites. You may want to opt-out of those shares (see below Sharing Personal Information Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. When we share your personal information for business purposes such as processing your transactions, maintaining your account, and all activities required to performing this contract, you cannot limit this sharing by opting out of this disclosure. Please read section our general Privacy Policy: How We Use, and Share the Personally Identifiable Information We Collect

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, The Site has disclosed for a business purpose, the following personal information:

  1. Category A: Identifiers.
  2. Category B: California Customer Records personal information categories.
  3. Category C: Protected classification characteristics under California or federal law.
  4. Category D: Commercial information.
  5. Category E: Biometric information.
  6. Category F: Internet or another similar network activity.
  7. Category G: Geolocation data.
  8. Category H: Sensory data.
  9. Category K: Inferences drawn from other personal information.

Sharing Personal Information

In the preceding twelve (12) months, The Site has shared for other purposes than business practices, the following categories of personal information:

  1. Identifiers.
  2. California Customer Records personal information categories.
  3. Protected classification characteristics under California or federal law.
  4. Commercial information.
  5. Biometric information.
  6. Internet or another similar network activity.
  7. Geolocation data.
  8. Sensory data.
  9. Inferences drawn from other personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that The Site disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we shared or disclosed your personal information for a business purpose, two separate lists disclosing:

    • shares, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that The Site delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. 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 information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by this link as follows:

Request my data Delete my data

Only you, or a person registered with the California Secretary of State who you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access 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.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.

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 that the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. [However, we do consider requests made through your password-protected account sufficiently verified when the request relates to personal information associated with that specific account.]

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

For instructions on exercising sales opt-out rights, see Personal Information Sales Opt-Out Rights.

Response Timing and Format

We endeavor to 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.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, 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 verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity 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.

Personal Information Sales Opt-Out Rights

If you are 16 years of age or older, you have the right to direct us to not sell/share your personal information at any time (the "right to opt-out"). We do not sell or share the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by following the steps listed on our homepage under "Do not sell my data."

You do not need to create an account with us to exercise your rights to opt-out. We will only use personal information provided in an opt-out request to review and comply with the request if possible. If you do not have an account with us, cookies will be used to recognize your request. If you clear your cookies or visit from a different device, you will be required to submit a new request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA 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 may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@marketamerica.com.

Changes to Our Privacy Rights

The Site reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the website and update the notice's effective date. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which The Site collects and uses your information described in this Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: privacy@marketamerica.com

Postal Address: Market America, Inc.
1302 Pleasant Ridge Road
Greensboro, NC 27409

Attn: Privacy/Legal Department

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