California Consumer Privacy Act Disclosures
CCPA Privacy Policy for California Residents
Last Update: August 1st, 2024
This Privacy Policy for California Residents (“CCPA Privacy Policy”) supplements the information contained in the general Privacy Policy of E. Mishan & Sons, Inc. (“Emson,” “we,” “our” or “us”) and applies to all visitors, users, and others who reside in the State of California (“consumers” or “you”) of our websites, mobile applications, our pages on social networking sites and other platforms, and streaming services or any site of ours or our affiliates that link to this policy (collectively "Site" or “Sites”) and the associated products, services, data, information and materials offered therein (“Services”). We adopt this policy to comply with the California Consumer Privacy Act (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this CCPA Privacy Policy.
In the event of any inconsistency between this CCPA Privacy Policy and Emson’s Terms and Conditions and/or general Privacy Policy, the provisions of this CCPA Privacy Policy control.
PLEASE READ OUR CCPA PRIVACY POLICY CAREFULLY. YOUR USE OF THE SERVICES CONSTITUTES YOUR CONSENT TO THIS CCPA PRIVACY POLICY. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO CONSENT TO THIS POLICY.
1. What is a Consumer’s “Personal Information”
The CCPA defines “personal information” as 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 includes, but is not limited to, the following:
- Identifiers such as a real name, alias, postal address, unique personal identifier including, but not limited to, a device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
- Any categories of personal information described in Civ. Code § 1798.80(e).
- Characteristics of protected classifications under California or federal law.
- Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Biometric information.
- Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
- Geolocation data.
- Audio, electronic, visual, thermal, olfactory, or similar information.
- Professional or employment-related information.
- Education information, defined as information that is not publicly available, personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
- Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
- Sensitive personal information.
Personal information does not include publicly available information, consumer information that is deidentified, or aggregate consumer information.
The CCPA defines “Sensitive Personal Information” as personal information that reveals a consumer's social security, driver's license, state identification card, or passport number, a consumer's account login, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, a consumer's precise geolocation, a consumer's racial or ethnic origin, religious or philosophical beliefs, or union membership, the contents of a consumer's mail, email, and text messages, unless our business is the intended recipient of the communication and a consumer’s genetic data.
We collect sensitive personal information, as defined by California law, only for purposes allowed by law or with your consent. We do not collect or process sensitive personal information for inferring characteristics about you.
Some of the purposes for the collection and processing of sensitive personal information allowed by law include: to perform the services or provide the goods reasonably expected; to prevent, detect, and investigate security incidents; to resist malicious, deceptive fraudulent, or illegal actions directed at Emson and to prosecute those responsible for those actions; to ensure the physical safety of natural persons; for short-term, transient use; to perform services on behalf of Emson; and to verify or maintain the quality or safety of our products or services.
Sensitive personal information that is publicly available is not considered sensitive personal information or personal information.
2. How We Collect Your Information
When you visit or interact with our Sites, we and our third-party contractors and service providers use technologies including trackers, cookies, pixel tags, web beacons, clear gifs, action tags, and other online tracking technologies to collect personal information... (full paragraph as before).
We use technologies, such as cookies... (full cookie policy text as in your document).
Our Sites may contain links to other sites... (full text).
Our Sites may include social media features... (full text).
3. Information We Collect, How It Is Used and For How Long It Is Retained
The following chart outlines information that we collect, how it's used, and retention considerations based on specific criteria. Certain personal information can belong to multiple categories.
| Personal Information Category | Examples of information collected | Source(s) of information | Purpose(s) of collection and use | Retention Considerations |
|---|---|---|---|---|
| Identifiers | Contact information (name, phone number, address, email address); social media handles and account information; unique personal identifiers. | Directly from you through our websites or from your communications with us; collected automatically when you interact with us by computers or devices interacting with our websites. | All purposes listed in “Use of Personal Information” below. | Identifiers that are associated with a customer account will be retained for as long as necessary for the purpose(s) for which it was collected or other business, tax or legal purposes. |
| Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) | Name, address, telephone number, credit card number, in combination with a CVV or any other required security or access code, password or credentials allowing access to an account. | Directly from you through our websites or from your communications with us; collected automatically when you interact with us by computers or devices interacting with our websites; through our marketing partnerships. | To process your purchases and payments and prevent transactional fraud; to help us personalize your experience on our Sites... (as in document). | Information that is associated with your account will be retained for as long as necessary... Credit card information provided during purchase transactions will be retained only for the duration of the transaction. |
| Commercial information | Credit card numbers and expiration dates... order history; billing and payment records; transaction and purchase information. | Directly from you; automatically when you make a purchase... third party data providers. | All purposes listed in “Use of Personal Information” below. | Credit card number... retained only for the duration of the transaction; other commercial information... retained as long as necessary. |
| Sensitive Personal Information | Credit card number in combination with a CVV... precise geolocation. | Directly from you; automatically when you interact with us or use our Services. | To process your purchases... fraud prevention... compliance with local laws. | Credit card information... only for the duration of the transaction. Precise geolocation... disposed immediately when no longer in use. |
| Internet or other similar network activity | Device identifiers (MAC address); device type... cookie or tracking pixel information; usage information. | Automatically when you interact with us online. | All purposes listed in “Use of Personal Information” below. | We dispose of this information on a regular basis, when no longer reasonably necessary for a business purpose. |
| Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information | Call recordings (such as telephone orders and customer service calls). | Directly from you; automatically when you interact with us. | All purposes listed in “Our Use of Personal Information” below. | We dispose of this information on a regular basis when no longer reasonably necessary for a business purpose. |
| Non-Precise Geolocation Data | Physical location, IP addresses, coordinates obtained through GPS... | Automatically through websites and apps, mobile devices... | To provide personalized service, geographically targeted marketing, fraud prevention. | Geolocation data will be retained only for as long as necessary... |
| Inferences drawn from other personal information | Inferences drawn from the above about your interests and preferences. | Directly from you... from third parties (commercial data brokers...). | All purposes listed in “Use of Personal Information” below. | Information that is associated with your account will be retained for as long as necessary... |
4. How We Use Your Information
We may use, sell or disclose the personal information we collect for one or more of the following purposes: (full bullet list as in document).
To the extent these online tracking technologies are deemed to be a “sale” or “sharing”... you can opt-out by:
- Clicking “Do Not Sell or Share My Personal Information” here, or
- Emailing us at Privacy@emsonusa.com with “Opt Out Request” in the subject line...
5. Disclosure Of Personal Information
We may disclose your personal information... (full paragraph).
In the past twelve (12) months, we may have shared the following categories of personal information to the categories of third parties indicated in the chart below.
| Personal Information Category | Category of Third-Party Recipients (Disclosed To Or Shared With / Business Purpose Disclosures) |
|---|---|
| A: Identifiers. | To advertising, marketing, and analytics providers for marketing purposes; service providers... (e.g., processing payments, fulfilling orders) |
| B: California Customer Records personal information categories. | None |
| C: Protected classification characteristics under California or federal law. | None |
| D: Commercial information. | To advertising, marketing, and analytics providers... service providers... |
| E: Biometric information. | None |
| F: Internet or other similar network activity. | To advertising, marketing, and analytics providers... service providers... |
| G: Geolocation data. | To advertising, marketing, and analytics providers... service providers... |
| H: Sensory data. | None |
| I: Professional or employment-related information. | None |
| J: Non-public education information. | None |
| K: Inferences drawn from other personal information. | None |
California law broadly defines "sale"... (full text).
6. California Consumer Privacy Rights
7. Shine the Light Law
8. Authorized Agent
9. Children Policy
10. Accessibility
11. Changes to Our Privacy Policy
12. Communicating With Us
- Emailing us at Privacy@emsonusa.com
- Calling us Toll-Free 1-800-423-4248
- Mailing to:
E. Mishan & Sons, Inc.
Attn: Customer Service
230 Fifth Avenue, Suite 800
New York, New York 10001
If you need to access this Policy in an alternative format due to having a disability, please contact Privacy@emsonusa.com.