EMPIRE TODAY, LLC CALIFORNIA CONSUMER PRIVACY NOTICE

Effective Date: January 1, 2023


This Empire Today, LLC (“Empire,” “us,” “we,” or “our”) California Privacy Notice (“Notice”) is provided pursuant to the California Consumer Privacy Act, as amended (the “CCPA”). This Notice supplements Empire’s other policies and notices, including our Privacy Policy. In the event of a conflict between any other Empire policy, statement, or notice and this Notice, this Notice will prevail as to California consumers and their rights under the CCPA.

This Notice does not apply to job applicants or current and former employees/contractors of Empire. If you are a current or former employee/contractor, a separate privacy notice will be provided to you in the course of your employment. If you are applicant, please review our California applicant privacy notice here. If you have any questions, please contact us as provided below.

Unless otherwise noted, the disclosures herein cover our activities in the twelve (12) months preceding the Effective Date, as well as our current practices.

1. HOW AND WHY WE COLLECT, USE, AND DISCLOSE PERSONAL INFORMATION

“Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is publicly available, de-identified, or aggregate, and the CCPA exempts certain additional categories of information from its purview, such as information subject to other laws and regulations. This Notice applies only to information governed by the CCPA.

We may collect, use, and disclose Personal Information and sensitive Personal Information for business purposes consistent with applicable laws as identified below. Where we disclose applicable Personal Information or sensitive Personal Information to recipients, such as our service providers, we do so for the same business purposes described below. These examples may vary depending on the nature of your interactions with us.

Category of Personal Information Purposes for Collection, Use, and/or Disclosure Categories of Recipients with which this Personal Information is Disclosed for Business Purpose

Identifiers, such as name, title, alias, postal address, phone number, email address, online identifier/username and password for our services, security question/answer combinations, IP address, mobile device identifiers, signature, social media usernames

To allow you to participate in the features we offer

To process your orders and any returns/refunds

To consider applications for financing with us

To maintain your accounts with us

To communicate with you, including about our products and services, your orders, updates to our terms and policies, and to obtain your feedback

To send you marketing materials and advertisements

To allow you to participate in promotions, including sweepstakes, contests, coupons and rewards programs

Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

To detect and prevent fraud against you and/or us

Service providers, customer service agencies, marketing firms, data analytics firms, banking partners, external auditors, and government entities

Personal Records Described in Cal. Civ. Code § 1798.80(e), such as Name, signature, address, telephone number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or other financial information

Some Personal Information included in this category may overlap with other categories

To allow you to participate in the features we offer

To process your orders and any returns/refunds

To consider applications for financing with us

To maintain your accounts with us

To recognize you when you use our service

To show you relevant ads while you browse the internet or use social media

To allow you to participate in promotions, including sweepstakes, contests, coupons and rewards programs

Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

To detect and prevent fraud against you and/or us

Service providers, customer service agencies, marketing firms, data analytics firms, banking partners, external auditors, and government entities

Protected classification characteristics under California or federal law, such as age, birth date, gender, marital status

To allow you to participate in the features we offer

To process your orders and any returns/refunds

To send you relevant marketing materials and advertisements

To tailor our communications to you

To improve our products, services, marketing and advertising

Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

To detect and prevent fraud against you and/or us

Service providers, customer service agencies, marketing firms, data analytics firms, banking partners, external auditors and government entities

Commercial Information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, communication channel preferences, coupon and loyalty program usage, information from surveys, promotions and product reviews

To allow you to participate in the features we offer

To process your orders and any returns/refunds

To consider applications for financing with us

To provide you with appropriate products, services, and recommendations

To help you find relevant products more quickly

To tailor our communications to you

To provide customer service and support

To allow you to participate in promotions, including sweepstakes, contests, coupons and rewards programs

To improve our products, services, marketing and advertising

Auditing, research and analysis, to maintain and improve the Service, and for any other internal business purposes

To detect and prevent fraud against you and/or us

Service providers, customer service agencies, marketing firms, data analytics firms, banking partners, external auditors and government entities

Internet or other electronic network activity information, such as browser type and language, operating system, internet or mobile network provider, website access time, duration of visit, referring website address, browsing and search history on our websites, webpages viewed immediately before and after our websites, information related to your interactions with our websites, blogs, social media pages, emails, online chat, text message communications, and advertisements

To allow you to participate in the features we offer

To facilitate, manage, personalize, and improve your website or app experience

To provide you with appropriate products, services, and recommendations

To show you relevant ads while you browse the internet or use social media

To improve our products, services, marketing and advertising

To allow you to participate in promotions, including sweepstakes, contests, coupons and rewards programs

Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

To detect and prevent fraud against you and/or us

Service providers, website hosts, customer service agencies, marketing firms, and data analytics firms

Geolocation Data, such as your physical location based on information you provide directly or inferred from your IP address

To allow you to participate in the features we offer

To process your orders and any returns/refunds

To consider applications for financing with us

Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

Service providers, website hosts, customer service agencies, marketing firms, and data analytics firms

Audio, electronic, visual, thermal, olfactory, or similar information, such as photos or video you provide, audio data collected when you call our customer service numbers, closed circuit TV or other video recordings (for example, through video conferencing)

To help you select appropriate products for your home

To provide you with customer service

To improve our products and services

Service providers, website hosts, customer service agencies, marketing firms, and data analytics firms

Professional or Employment Information

If you are an Empire employee, please contact Human Resources for additional disclosures. California job applicants can find additional disclosures here

To consider applications for financing with us

Service providers, banking partners, external auditors, government entities, marketing firms, and data analytics firms

Non-public education information, including school(s) attended and degrees obtained

To consider applications for financing with us

To improve our products, services, marketing and advertising

Banking partners, marketing firms, service providers, external auditors and government entities

Inferences from other Personal Information

To provide you with appropriate products, services, and recommendations

To improve our products, services, marketing and advertising

To provide you with a better website or app experience

Auditing, research and analysis, to maintain and improve our services, and for any other internal business purposes

To detect and prevent fraud against you and/or us

Service providers, customer service agencies, marketing firms, and data analytics firms

Other Information, such as information that does not directly fit within one of the categories defined by the CCPA, including the contents of communications you send to us by phone, email, text, online chat, etc.

To provide you with customer service

To improve our products and services

Service providers, customer service agencies, marketing firms, and data analytics firms

2. SENSITIVE PERSONAL INFORMATION

We may collect, use, and disclose sensitive Personal Information for business purposes consistent with applicable laws, as identified below. Where we transfer applicable sensitive Personal Information to recipients, such as our service providers, we do so for the same business purposes described below. These examples may vary depending on the nature of your interactions with us.

Category of Sensitive Personal Information Purposes for Collection, Use, and/or Disclosure Categories of Recipients with which this Sensitive Personal Information is Disclosed for Business Purpose

Personal Information that reveals a consumer’s social security, driver’s license, state identification card, or passport number

To allow you to participate in the features we offer

To process your orders and any returns/refunds

To consider applications for financing with us

To maintain your accounts with us

To allow you to participate in promotions, including sweepstakes, contests, coupons and rewards programs

To detect and prevent fraud against you and/or us

Service providers, customer service agencies, marketing firms, and data analytics firms

Personal Information that reveals a consumer’s precise geolocation (location within a radius of 1,850 feet)

To consider applications for financing with us

To maintain your accounts with us

For metrics, analytics, and marketing

Service providers, marketing firms, and data analytics firms

In addition to the categories of Personal Information and sensitive Personal Information above, we may collect and maintain information you provide us on a voluntary basis that we do not regularly request. For example, information you volunteer in your communications with us or otherwise submit to us.

3. DISCLOSING YOUR PERSONAL INFORMATION

We may disclose each of the categories of Personal Information and sensitive Personal Information identified above to the respectively identified categories of recipients for operational or business purposes consistent with the purposes for collection or use designated, as is reasonably necessary and proportionate to achieve those purposes, or for another purpose that is compatible with the context in which the Personal Information or sensitive Personal Information was collected including, but not limited to:

  • Auditing related to ads;
  • Helping to ensure security and integrity;
  • Debugging, repairing, and improving functionality;
  • Short-term, transient use;
  • Performing services on our behalf;
  • Providing advertising and marketing services, as applicable;
  • Internal research for technological development; and
  • Verifying quality and/or safety.

In addition to the other purposes for collection, use, and disclosure of Personal Information and sensitive Personal Information described in this Notice, we may collect, use, and disclose Personal Information and sensitive Personal Information as required by law, regulation or court order; to respond to governmental or home improvement contractor licensing bodies, State, County or City permitting authorities, and/or law enforcement requests; as part of annual financial audits to our independent auditors; as part of our obligations under financing regulations; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our or others’ rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. Likewise, we may disclose Personal Information and sensitive Personal Information to other parties in connection with the sale, assignment, merger, or reorganization.

4. SOURCES OF PERSONAL INFORMATION

We may collect Personal Information and sensitive Personal Information from the following sources:

  • Directly from you. For example, when you sign up to receive information from us, when you place an order, or any other time you submit Personal Information to us voluntarily.
  • Automatically when you use our website, portals or applications. For example, we may collect your usage history when you use our websites, systems, and applications.
  • Other parties. For example, we may receive Personal Information from service providers who provide us with IT services, advertising services, or help facilitate our sales.

5. TRACKING TECHNOLOGIES

We may use tracking technologies, such as cookies, including tracking technologies managed by vendors or external parties.

Tracking technologies can generally be categorized as follows:

  • Necessary or essential. These tracking technologies are used for core functionality, for example for security and to enforce your privacy preferences. Without these cookies, some functionality on our websites and apps may fail.
  • Functional or analytics. These tracking technologies help to improve our websites and apps by allowing us to understand how they are used and how they perform. We may also use location-aware technologies for purposes such as verifying your location and delivering or restricting content based on your location.
  • Advertising. These tracking technologies help personalize ads that are shown to you on our websites and apps. If enabled, these tracking technologies will allow other parties to engage in advertising based on your use of online services

We may use Google Analytics or other providers for analytics services, including Adobe and other marketing vendors. We may also implement Google Analytics Advertising Features such as remarketing with analytics and interest-based ads. We may use first-party cookies or other first-party identifiers as well as third-party cookies or other third-party identifiers to, e.g., deliver advertisements, measure your interests, and/or personalize content. For more information on how Google Analytics uses data collected through our services, visit https://www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit https://tools.google.com/dlpage/gaoptout or download the Google Analytics Opt-Out Browser Add-On.

Depending on your device settings, you may also opt out of certain interest-based advertising through the device’s "Limit Ad Tracking" or equivalent feature. Refer to your device for more information on what this opt out affects. For instance, you can adjust or reset the advertising identifiers on your mobile device in the device settings. iOS users can visit Settings > Privacy > Advertising > Reset Advertising Identifier. Android users can visit Google settings > Ads > Reset advertising ID.

6. HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We generally retain the categories of Personal Information and sensitive Personal Information described above for as long as one of the following apply:

  • Retention is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the Personal Information or sensitive Personal Information;
  • Retention is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the Personal Information or sensitive Personal Information was collected;
  • Retention is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
  • We are otherwise required or permitted to keep your Personal Information or sensitive Personal Information by applicable laws or regulations.

Where Personal Information or sensitive Personal Information is used for more than one purpose, it will be retained at least as long as the latest period provides. If collected, we may maintain Personal Information or sensitive Personal Information indefinitely according to legal or regulatory requirements, including applicable legal holds, or for data backup or recovery purposes.

7. SHARING AND SELLING PERSONAL INFORMATION

We may sell or share the following categories of Personal Information with third parties for the purposes of cross-context behavioral advertising:

  • Identifiers
  • Internet or other electronic network activity
  • Geolocation data

We sell and/or share this Personal Information with third parties for advertising purposes. The third parties to whom this Personal Information was sold and/or shared are advertisers and analytics vendors. When we use the terms sell, sold, or sale, we mean for valuable consideration and not monetary value.

We offer you the ability to opt out of sales and sharing of your Personal Information as set forth in the “Right to Opt Out of Sales and Sharing of Personal Information” section below.

We do not have actual knowledge that we sell or share the Personal Information of consumers under sixteen (16) years of age.

8. CALIFORNIA PRIVACY RIGHTS

California residents have the right to submit certain requests relating to their Personal Information as described below. Please note that when submitting a request, you may be asked to provide information to verify your identity before action is taken. You may designate an authorized agent to make the requests below on your behalf. An authorized agent must submit proof to us that he or she has been authorized by you to act on your behalf, and you will still need to verify your identity directly with us before we can process the request.

To submit a request, please use our Consumer Rights Request Form or call (866) 260-8358.

A. THE RIGHT TO KNOW

If you are a California resident, you have the right to request more information regarding the following, to the extent applicable:

  1. The categories of Personal Information we have collected about you, including:
    1. The categories of sources from which the Personal Information was collected;
    2. Our business or commercial purposes for collecting, selling, or sharing your Personal Information;
    3. The categories of recipients with which we shared your Personal Information;
    4. The categories of Personal Information about you that we sold in the preceding twelve (12) months, and for each category identified, the categories of recipients to which we sold that particular category of Personal Information;
    5. The categories of Personal Information that we disclosed for a business purpose in the preceding twelve (12) months, and for each category identified, the categories of recipients to which we disclosed that particular category of Personal Information.
  2. The specific pieces of Personal Information we have collected about you.

B. RIGHT TO OPT OUT OF SALES AND SHARING OF PERSONAL INFORMATION

You have the right to opt out of the sale of your Personal Information and to request that we do not share your Personal Information for cross-context behavioral advertising in the context of cookies and other tracking technologies. To opt out of the sale or sharing of your Personal Information via cookies and other tracking technologies, please click on the “Do Not Sell or Share my Personal Information” link in the footer of our website. You may also opt out of the sale or sharing of your Personal Information through an opt-out preference signal. In order to process your request through an opt-out preference signal, you must use a browser supporting the preference signal.

C. RIGHT TO DELETE

You have the right to request that we delete Personal Information we collected from you, subject to certain exceptions.

D. RIGHT TO CORRECT INACCURATE INFORMATION

If you believe that Personal Information we maintain about you is inaccurate, you have the right to request that we correct that information, subject to exceptions.

E. RIGHT TO NON-DISCRIMINATION

If you choose to exercise any of your privacy rights under the CCPA, you also have the right not to receive discriminatory treatment by us.

F. NOTICE OF FINANCIAL INCENTIVE

From time to time, we may offer various promotions that provide benefits such as coupons, opportunities to participate in contests, and other benefits (together, “Promotions”). Participation in our Promotions may require you to provide some Personal Information to facilitate operation of the Promotion and to provide you with benefits associated with the Promotion. Unless otherwise provided, we treat the value of Personal Information collected through our Promotions as equivalent to the expenses associated with collecting and storing that Personal Information. We pay the expenses associated with our Promotions and provide the Promotion benefits to foster a positive relationship with our customers and drive sales. Any value of the Personal Information collected is incidental to these purposes. By choosing to participate in one of our Promotions, you consent to any financial incentive associated with the collection of information needed to administer the program. You may withdraw from our Promotions at any time.

Unless you specifically request, submission of a request to delete will not affect Personal Information required for you to continue to participate in any of our Promotions in which you are currently enrolled. Should you wish to delete your Personal Information associated with our Promotions (and thereby cancel your participation), please contact us as provided below.

9. CALIFORNIA “SHINE THE LIGHT”

Separate from your CCPA rights, you may obtain a list of the recipients to which we have disclosed Personal Information, as defined under California Civil Code Section 1798.83(e) (a/k/a the “Shine the Light Law”), during the preceding calendar year for direct marketing purposes, as applicable. To submit a request, please email us at CCPA@empiretodayllc.com send a letter to us at (866) 260-8358. Requests must include “California Privacy Rights Request” in the first line of the description, and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the provided email address or mail address. Because these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.

10. HOW TO CONTACT US

For more information on your California privacy rights, please contact us at CCPA@empiretodayllc.com, call us at (866) 260-8358, or write to us at: Empire Today, LLC, 333 Northwest Avenue, Northlake, IL 60164 (Attention: Legal Counsel – CCPA).