---

 

New Sunshine, LLC (“New Sunshine,” “we,” “us,” “our”), along with its subsidiaries and affiliates, is committed to protecting your privacy and ensuring you have a positive experience on our websites. This Privacy Statement (“Statement”) describes how we handle information that can be used to identify you (“Personal Information”), which may include your name, address, email address, phone number, marketing preferences, opinions, etc. This statement applies to our external websites (each individual website being a “Site”) and provides guidance to visitors and users of the Site who are residents of the European Union (“EU”), the European Economic Area (“EEA”), and/or the state of California about the nature of the personal data/personal information we collect and processes about them. Our Statement is designed to comply with applicable laws and regulations, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and the California Consumer Privacy Act (“CCPA”), to ensure the privacy and security of personal information. All terms referenced in this Statement not otherwise defined are defined by their meaning under the GDPR and/or the CCPA.  

 

This Statement is applicable globally but may be supplemented by additional information on our privacy practices that may be provided as required by applicable laws and regulations via notices provided at the time of data collection. Further, certain New Sunshine, LLC websites may have additional information not contained in this Statement that describes how we handle Personal Information for those websites specifically. To the extent a notice provided at the time of collection or a website-specific privacy statement conflicts with this Statement, such notice or privacy statement will control. This Statement also supplements and is incorporated into the Terms of Use for this Site.

 

This Statement does NOT apply to information collected by:

 

•  Us offline or through any other means, including on any website operated by any third party (including our affiliates and subsidiaries); or

 

•  Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.

 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this Statement. This Statement may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. Please consult our Terms of Use Agreement for more information.

 

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 consumer, household, or device ("personal information"). 

 

The types of Personal Information collected and used by New Sunshine, LLC depend on specific activities as described below.

 

1. Directly from you when you provide it to us. This includes information you provide by filling in forms on our Site, such as information provided at the time of registering to use our Site or when you purchase our products; by posting comments, reviews, or other communications on the Site; or by requesting further services on the Site, such as when you use the Contact Us link. 

 

Minors. Our Sites are intended to be used by other businesses and adult customers. We do not knowingly collect any Personal Information about minors under the age of 13 (or under the age of 16 for California residents). No information should be submitted to or posted on our Sites by minors.

 

2. Automatically as you navigate through the site. Information collected automatically may include usage information we collect through the use of cookies and other automated tracking technologies, and we also may use these technologies to collect information about your online activities over time and across third-party websites or other online services. 

 

Cookies. Cookies are pieces of information stored directly on the computer you are using. They allow us to collect information such as browser type, time spent on the Site, pages visited, and language preferences. We and our automated technology service providers use this information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Site. 

 

New Sunshine, LLC and our service providers use different types of cookies for different functions. For example, we may use “Location Cookies” to help track where users visit the Site from, and “Analytics Cookies” which help us track end-user behaviors as they use the Site (i.e., which products are purchased, which areas of the Site receive heavy user traffic, and/or which areas receive little user traffic). 

 

Cookies can also be described as “Operational Cookies” (those that are necessary for the operation of the Site), “Performance Cookies” (those that we use to help improve the user experience and optimize our services).  

 

We use “Tracking Cookies” to recognize your computer or device (such as through your IP address), which makes your use of the Site easier, and to remember what is in your shopping cart. Cookies help us gather statistical information about Site usage in order to continually improve our design and functionality, understand how users interact with the Site, and to assist us with resolving questions regarding the Site’s operation. We further use cookies to select advertisements and/or offers that are most likely to appeal to you and display them while you are on the Site, as well as to track your responses to such advertisements.

 

Most cookies expire within 24 hours, but you can refuse to accept these cookies by following your browser’s instructions at any time. Note, however, that if you do not accept cookies, you may experience some inconvenience in your use of the Site. You may also not receive advertising or other offers from us that are relevant to your interests and needs. For more information about cookies, and to learn how to disable cookies in your browser settings, please visit http://www.allaboutcookies.org. 

 

Web beacons, pixel tags, and other technologies. We work with our service providers to deploy these technologies in order to track the actions of users on our Site, measure the success of our marketing campaigns, and compile statistics about Site usage. 

 

3. From third parties, such as our trusted business partners. The information they collect may be associated with your personal information or they may collect information, including personal information such as name, address, email address, and financial information when you purchase a product, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

 

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

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

 

Categories of Personal Information as defined by CCPA	Do we collect this type of Personal Information?	Purpose of collecting the Personal Information	Specific Personal Information that may be collected	Categories of sources from which the personal information is collected	Is this category of Personal Information shared with third parties?	Categories of third Parties with which the Personal Information may be shared	Purpose of selling or sharing Personal Information	Can you opt out of this sharing?
Identifiers	Yes	To uniquely identify an individual in support of business activities, including marketing of product, creating an account, facilitating newsletters	Names, email addresses, IP addresses, phone number, device identifiers,	From you	Yes	Payment processors, service providers to facilitate the website, newsletters, and sales	Business processes	No
Commercial Information	Yes	To support sales of product on the website	Name, address, payment information	Your transactions with us	Yes	Shipping companies, payment processors	Business processes	No
Network Activity	Yes (If you access our website)	To allow access to and optimize our websites	Access to our properties	From you	No	N/A	N/A	N/A

 

 

 

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

 

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. We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile or by contacting us using the Contact Us section below. 

 

Except as outlined below or in the table above, where required by applicable laws, we will not disclose your Personal Information to third parties without your consent.

 

• We may provide information about a user who is a customer to a third party as necessary in order to process that customer’s request or order, or otherwise service a customer’s account.

• We will disclose or report Personal Information in limited circumstances where we believe in good faith that disclosure is required under applicable laws, to cooperate with regulators or law enforcement authorities, respond to claims, and to protect the rights, property or safety of New Sunshine, LLC or others. This may include, for example, the exchange of information with other organizations for fraud protection and credit risk reduction.

• We will use your e-mail or other address (e.g., physical address) to send you important information relating to your account, our mailing list, and transactions.

• We do not share the names and e-mail addresses of recipients of our distribution lists or the results of our surveys and questionnaires with third parties, including sellers. However, we may share aggregated and anonymized research data with business partners in certain circumstances, for example, in order to collect funds owed to us by the business partner or in order to administer our relationships with those partners.

 

In the last twelve months, we have disclosed identifiers and commercial information of consumers to our service providers (including our payment processor) to facilitate transactions on the website and engage in email marketing campaigns in which individuals have enrolled.

 

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly.

 

Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out. You can also always opt-out by sending us an email with your request using the contact information in the Contact Us section below.

 

Promotional Offers from the Company. If you do not wish to have your email address/contact information used to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request using the contact information in the Contact Us section below. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions.

 

Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by emailing us using the contact information in the Contact Us section below. For this opt-out to function, you must have your browser set to accept all browser cookies.

 

Data Subjects from the EEA have the following rights under the GDPR:

 

• To access the Personal Data we maintain about you;

• To be provided with information about how we process your Personal Data;

• To correct your Personal Data;

• To have your Personal Data erased;

• To object to or restrict how we process your Personal Data; and

• To request your Personal Data to be transferred to a third party.

 

To exercise the above rights, please contact us at the information provided above.  We will consider and process your request within a reasonable period of time.  Please be aware that under certain circumstances, the GDPR may limit your exercise of these rights.

Some of our websites support Interest Based Advertising efforts by Third Parties. In Europe industry groups such as European Interactive Digital Advertising Alliance have developed services to help you manage your Interest Based Advertising preferences.  

 

To exercise the above rights, please contact us using the contact information in the Contact Us section below.

Additionally, Data Subjects from the EEA may file a complaint with EU data protection authorities (DPAs).  A list of DPAs from the European Commission may be found here:

http://ec.europa.eu/newsroom/article29/document.cfm?action=display&doc_id=50061. 

You may also contact us using the contact information provided above to be directed to the appropriate DPA contact(s).

 

We will consider and process your request within a reasonable period of time.  Please be aware that under certain circumstances, the GDPR may limit your exercise of these rights. 

We will retain your EU Personal Data for as long as your account is active, as needed to provide you services and to fulfill the purposes for which the data was collected, and as necessary to comply with our legal obligations and fulfill our business needs.

 

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those 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 12 months. 

 

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 (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:

 

• 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 impair 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.

 

New Sunshine, LLC does not sell Personal Information as defined by the California Consumer Privacy Act (CCPA).

 

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.

 

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. 

 

We will take reasonable steps to verify your identity prior to fulfilling the above requests. You may only make a verifiable consumer request for disclosure or deletion 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 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.

 

As an additional resource, you may also contact us using the contact information in the Contact Us section below for any additional questions related to the rights granted under the California Consumer Privacy Act (CCPA).

 

To exercise the right to disclosure and right to deletion as described above, please contact us using the information in the Contact Us section of this Privacy Statement.

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.

 

 

 

We reserve the right to amend this Statement at our discretion and at any time. When we make changes to this Statement, we will post the updated Statement on the Site and update the Statement’s effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.

 

If you have any questions or comments about this Statement, the ways in which we collect and use your information described below (and in the Privacy Statement), your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: