PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective:                    January 1, 2020

Last Reviewed:           January 1, 2020

This Privacy Notice for California Residents (this “Notice”) supplements the information contained in the Motivational Marketing, Inc. d/b/a Motivational Fulfillment & Logistics Services general privacy policy, and applies solely to individuals 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 Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.

Where noted in this Notice, the CCPA temporarily exempts personal information reflected in a written or verbal business-to-business communication (“B2B Personal Information”) from some of its requirements.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular natural person residing in California, household, or device.  Please note that under the CCPA, “personal information” does not include:

  • Publicly available information from government records;
  • Deidentified or aggregate consumer information.

In particular, we have collected the following categories of personal information from consumers in the last twelve (12) months:

Category Examples Disclosed or Sold to Third Parties
A.    Identifiers Your real name, alias, postal address, email address, Internet Protocol address, online identifier, driver’s license number, account number or other similar identifiers. Personal data is disclosed only to service providers; advisors; our affiliated companies; and as required for legal and regulatory purposes. Personal data is never sold.
B.     Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Your name, signature, address, telephone number, driver’s license or state identification card number, credit card number, debit card number or any other financial information. Personal data is disclosed only to service providers; advisors; our affiliated companies; and as required for legal and regulatory purposes. Personal data is never sold.
C.     Commercial information Records of products or services purchased or obtained from us. Personal data is disclosed only to service providers; advisors; our affiliated companies; and as required for legal and regulatory purposes. Personal data is never sold.

In particular, we have not collected the following categories of personal information from consumers in the last twelve (12) months:

Category Examples Disclosed or Sold to Third Parties
D.    Geolocation data Your physical location (reflected by the location where you purchased services from us).   N/A
E.     Internet or other similar network activity Browsing history, search history, information on a consumer’s interaction with a web site, application or advertisement.   N/A

We obtain the categories of personal information listed in A-C above from the following sources:

  • Directly from you. For example, you provide us personal information when you fill out forms or enter into contracts to purchase services.
  • From third parties that interact with us in connection with the services we perform. For example, from third party call centers, customer service centers, merchant processors, freight carriers and customs brokers.

Use of Personal Information

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

  • To provide you with information, products or services that you request from us.
  • To fulfill or meet the reason for which the information is provided. For example, if you provide us with your address in order to ship an order, or in order to send you an invoice, we will use or disclose that information to carry out transportation and delivery activities and/or invoice you for the services, as applicable.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve our website and present its contents to you.
  • As necessary or appropriate to protect the rights, property or safety of us, our customers or others.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We 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 may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter into 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 to perform the contract.  We may disclose it to third party service providers or our parent company or affiliated entities.

We do not sell your personal information to third parties (as those terms are defined under the CCPA).

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 we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months.  Once we receive and confirm your verifiable consumer request, 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 that personal information.
  • The categories of third parties (if any) 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 sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • Sales, identifying the personal information categories that each category of recipient purchased; and
  • Disclosures obtained for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide these access and data portability rights for business-to-business personal information.

Deletion Request Rights

You have the right to request that we 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, we will delete from our records (and, if disclosure to service providers has occurred, direct our service providers to delete from their records) your personal information, unless an exception applies.

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

  • 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impar existing intended functionality.
  • Exercise free-speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • 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.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for business-to-business personal information.

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 either:

  • Calling us at 800-718-9752
  • Filling out a form at our Chino, California location, located at the 15820 Euclid Avenue, Chino, California 91708.

Only you, or someone legally authorized 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.  To designate an authorized agent, please submit a signed and notarized letter of authorization that identifies the agent by name when submitting your request.

You may only make a verifiable consumer request for access or data portability twice within any 12-month period.  The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information (or your authorized representative), which may include:
  • Your name and address.
  • Your order or shipment information (e.g., order number or tracking number).
  • 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.

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

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 ninety (90) days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail, to an address you provide, 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.

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.

Changes to our Privacy Notice

We reserve the right to amend this Notice at our discretion and at any time.  When we make changes to this Notice, we will post the updated notice on our web site and update the notice’s effective date.  Your continued use of our web site 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 we collect and use your information described here or your choices and rights regarding such use, you may contact us at:

  • Phone: 800-718-9752