PRIVACY POLICY

PRIVACY POLICY EFFECTIVE DATE: January 1, 2022

1. INTRODUCTION

Weeping Radish (“us,” “we,” “Company,” or “Radish”) is committed to respecting the privacy rights of its customers, visitors, and other users of the Company Website (“the Site”) at www.weepingradish.com  and the services provided through the Site (the “Services”). We created this Website Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

BY USING THE SITE AND OR PURCHASING PRODUCTS VIA THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE.

2. NOTICE CONCERNING UNDERAGE USERS

You must be at least twenty-one (21) years of age to access our Site and/or purchase products and items from our Site. We do not direct any of our content at persons under 21 years of age. We understand and are committed to respecting the sensitive nature of online privacy. If we learn or have reason to suspect that a Site user is under age 21, we will promptly delete any personal information in that user’s account.

3. TYPES OF INFORMATION COLLECTED

(3.1) TRAFFIC DATA COLLECTED

We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; and (5) your operating system (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for improving your experience on the Site.

We also may use small pieces of information that a website sends to your computer’s hard drive while you are viewing the site (“cookies”) to remember your age and birth date so you do not have to re-enter it each time you visit the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of the Site may not work properly or at all.  For more information regarding our use of cookies and your rights regarding the same, see our cookies policy below.

(3.2) PERSONAL INFORMATION COLLECTED

In order for you to access certain services and to purchase items and products that we offer via the Site, we may require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); and/or (2) Financial Data (such as your account or credit card number). If you communicate with us via e-mail, or otherwise complete purchase orders, surveys, or any other online forms, any information provided in such communication may be collected as Personal Information.

We use commercially reasonable efforts to ensure that the collection of Personal Information is limited to that which is necessary to fulfill the purposes identified in Section 4, below. We will not use your information in a manner different than the purpose for which it is collected, without obtaining your consent prior to such use.

(3.3) CONTACTING Weeping Radish

If you contact us to provide feedback, register a complaint, or ask a question, we will record any Personal Information and other content that you provide in your communication so that we can effectively respond to your communication. Any such contact with Weeping Radish should be made pursuant to Section 9, below.

(3.4) ENFORCEMENT

We may use the information we collect in connection with your use of the Site or Services in order to investigate, enforce, and apply our Terms of Use and Privacy Policy.

4. USES OF INFORMATION COLLECTED

(4.1) COMPANY USE OF INFORMATION

We use Contact Data to contact you when necessary. We will also use Contact Data to send you information about our company or our products or services only if you choose to opt in to receiving such information. We use your Financial Data to bill you for items and products.

(4.2) SHARING OF PERSONAL INFORMATION

We do not sell your personal information.  We share certain categories of information we collect from you in the ways described in this Privacy Policy. We do not share Contact Data with other companies for the purposes of sending you information third party products or services. We may, however, share Contact Data and Financial Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data, Financial Date, and other Personal Information to carry out their specific business obligations to Company.

5. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION

Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Terms of Use. Your Personal Information is stored on secure servers that are not accessible by third parties. We provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser.

We limit the access to your Personal Information to those employees and contractors who need access to perform their job function. If you have any questions about the security on the Site, please contact us at info@weepingradish.com. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that your Personal Information will never be disclosed in a manner that is inconsistent with this Privacy Policy. YOU HEREBY ACKNOWLEDGE THAT WEEPING RADISH IS NOT RESPONSIBLE FOR ANY SUCH INADVERTENT DISCLOSURES OR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.

6. USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION

We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may contact us at info@weepingradish.com.  Further, as explained herein and on our CCPA Request Page, we provide ways for you to access and delete your personal information as well as exercise other data rights that give you certain control over your personal information.

California Residents

The California Consumer Privacy Act provides some California residents with the additional rights listed below. To exercise these rights see the “Exercising Your California Privacy Rights” section or visit our CCPA Request Page.

Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:

• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• The business or commercial purpose for collecting your personal information;
• The categories of third parties with whom we have shared your personal information; and
• The specific pieces of personal information we have collected about you.

Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

• Complete your transaction;
• Provide you a good or service;
• Perform a contract between us and you;
• Protect your security and prosecute those responsible for breaching it;
• Fix our system in the case of a bug;
• Protect the free speech rights of you or other users;
• 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 interests that adheres to all other applicable ethics and privacy laws;
• Comply with a legal obligation; or
• Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

Other Rights. You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.

Exercising Your California Privacy Rights. To request access to or deletion of your personal information, or to exercise any other data rights under California law, California residents may contact us using one of the following methods:

Website: You may visit us at https://www.weepingradish.com/ccpa-data-request-information to authenticate and exercise rights via our website.

Email Webform: You may write to us to exercise rights at info@weepingradish.com. Please include your full name, email address, and phone number, along with why you are writing, so that we can process your request in an efficient manner.

Response Timing and Format. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.

7. LOST OR STOLEN INFORMATION

You must promptly notify us if your credit card or other Financial Data is lost, stolen, or otherwise used without permission. In such an event, we will remove that credit card number from your account and update our records accordingly.

8. PUBLIC INFORMATION

The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also may make chat rooms, forums, message boards, product review boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.

9. METHOD OF CONTACT

If you have a question or concern regarding this Privacy Policy, believe that this Privacy Policy has been violated, you may e-mail Weepingradish at info@weepingradish.com.

In your correspondence, please describe your question, concern, or complaint in as much detail as possible. We will investigate and respond to you promptly.

10. LINKS

The Site may contain links to third party websites with which we have no affiliation. Except as set forth above, we do not share your Personal Information with those third parties, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.

11. UPDATES AND CHANGES TO PRIVACY POLICY

We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site.

12. COOKIE POLICY

Our site uses cookies. A cookie is a piece of code that allows the web server to identify and track activity of the web browser. Most websites use these to make websites work more efficiently and provide information to the owners of the website. While we may automatically use some cookies that are strictly necessary to provide the services you request or enable communications, we request your consent for all of our other cookie uses.

ABOUT COOKIES

A Cookie is a piece of code that allows the web server to identify and track activity of the web browser. They are widely used in order to make websites work more efficiently, as well as to provide information to the owners of the website. We may use both “Session Cookies” and “Persistent Cookies” on this website. Session Cookies will be deleted from your computer when you close your browser. Persistent Cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

TYPES OF COOKIES

Different cookies are used for different purposes. Our site may use these types of cookies:

• Strictly necessary cookies. Our website requires the use of these cookies to properly operate or provide necessary functions relating to the services you request. For example, our website uses cookies to identify trusted web traffic.
• Analytics cookies. These cookies allow us to improve how our website works, by allowing us and our third-party service providers to recognize and count the number of visitors and to see how visitors move around our website when they are using it. These cookies generate aggregate statistics that are not associated with an individualized profile.
• Functionality cookies. These cookies are helpful to improve your website experience, but are not essential. For example, these cookies help us recognize you return to our website and personalize content for you. These cookies may enable visitor identification across websites and over time.
• Third-party cookies. Our website may contain features or plug-ins enabling third party services that use cookies. We do not control the third party’s use of those cookies. Please review each party’s cookie disclosure before consenting to this use category. These cookies may enable visitor identification across websites and over time.

This Privacy Policy describes our practices for any personal data that our first-party cookies collect, store, or use.

CHOOSING YOUR COOKIE SETTINGS

You have a choice about the placement of cookies on our website. You can also use your web browser to directly block all cookies, or just third-party cookies, through your browser settings. Using your browser settings to block all cookies, including strictly necessary ones, may interfere with proper site operation. Guidance on how to control cookies in popular browsers is contained here:

• Microsoft Internet Explorer
• MacOS Safari
• Mozilla Firefox
• Google Chrome

You can also find additional information on cookie controls and advertisement here:

• Network Advertising Initiative
• Digital Advertising Alliance
• European Interactive Digital Advertising Alliance
• Digital Advertising Alliance of Canada

Google allows users to opt out of tracking by Google Analytics and Google Analytics Demographics and Interest Reporting services. You can adjust your setting here, or download the Google Analytics Opt-Out Browser Add-on.

DO NOT TRACK SIGNALS

We do not currently respond to ‘do not track’ signals and similar settings or mechanisms. When you use the Platform, we try to provide a customized experience.

CHANGES TO OUR COOKIE USES

We will post any changes to the way we use cookies on this page. If the changes materially alter how we use cookies, we will post a notice on our website and request your consent for the materially different use. Please check back frequently to see any updates or changes to our cookie use notice.

CROSS-BORDER DATA TRANSFERS

The cookies we use may process, store, or transfer personal data in and to a country outside your own, with privacy laws that provide different, possibly lower, protections. You consent to this transfer, storing, or processing when you consent to our cookie use. We are based in the United States.