Program Application


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    Conversion action Online purchase with processed valid payment
    Cookie days 30 day(s)
    Commission type Variable, depending on your lifetime sales volume.
    Commission Tier Reset Resets the 1st of every month.
    Base commission Starting at 0.00% and based on sales volume
    Additional terms 5. SLINGER DISCOUNT, PRODUCTS AND COMMISSION STRUCTURE: In exchange for making a minimum of Four (4) sales per Month, Slinger shall receive the benefits set forth below based on the total Sales made by Slinger after being accepted into the MCD Affiliate Program: a. 5-10 Sales – Slinger will receive a Twenty Percent (20%) discount (taken off of the sales price, not including shipping or taxes) to be used by Slinger on any orders made by Slinger from the MCD Website for personal use only (a “Slinger Discount”). b. 11-20 Sales – Slinger will receive a Slinger Discount and one (1) Five Pack of Cookies for the Month. Cookies shall be chosen by MCD in its sole and exclusive discretion. c. 21-30 Sales – Slinger will receive a Slinger Discount and one (1) Ten Pack of Cookies for the Month. Cookies shall be chosen by MCD in its sole and exclusive discretion. d. 31-50 Sales – Slinger will receive one (1) Twenty Pack of Cookies for the Month and Ten Percent (10%) Commission for all Sales made during that Month (after reaching 31 Sales). Cookies shall be chosen by MCD in its sole and exclusive discretion. e. 51+ Sales – Slinger will receive two (2) Twenty Packs of Cookies for the Month and Twenty Percent (20%) Commission for all sales made during that Month (after reaching 51 Sales). Cookies shall be chosen by Slinger based on the flavors that are available at the time of purchase. Slinger will receive a special discount code to enter at the time of order that will allow them to checkout without paying for the order.



    LAST UPDATED NOVEMBER 29, 2021


    MY COOKIE DEALER AFFILIATE PROGRAM TERMS AND CONDITIONS


    THIS MY COOKIE DEALER AFFILIATE PROGRAM TERMS AND CONDITIONS (the “Agreement”) is
    made and entered into by and between MY COOKIE DEALER, LLC, a New York limited liability
    company (“MCD”) and the affiliates/brand ambassadors that apply for and are accepted into the
    MCD Affiliate Program (“Slinger(s)”). By accepting the invitation to join the MCD Affiliate
    Program, all Slingers agree to the terms and conditions set forth in this Agreement, which may
    be updated by MCD at any time by providing notice to the Slinger via email. The Last Updated
    date set forth at the top of this Agreement reflects the most current version of these terms and
    conditions, which must be followed by Slingers at all times.


    NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, and
    for good and valuable consideration, the receipt and sufficiency of which has been acknowledges,
    the parties agree as follows:


    1. DEFINITIONS: Capitalized words in this agreement have the definition assigned to them
    in the parenthesis that follow the word. Singular and pluralized terms have the same
    meaning when capitalized and any terms that utilize gender refers to any and all genders.
    In addition, the words below have the following definitions:




    1. Acceptance Email – The email sent by MCD to You if Your Application is accepted.




    2. Allergies – Means any food related allergy.




    3. Commission(s) – Means a percentage of the net sales price (after discounts are


      applied, but not including shipping costs or taxes) that can be earned by a Slinger
      who has made the required number of sales set forth in this Agreement and has
      made a minimum of Four (4) sales during that Month.




    4. Cookies – Means the half-pound cookies and cookie crumb cakes sold on the MCD
      Website.




    5. Customer(s) – Means those individuals that use Slinger’s Code or Link to purchase
      Cookies from the MCD Website.




    6. MCD Affiliate Program – The My Cookie Dealer affiliate/brand ambassador
      program described in this Agreement, whereby Slingers can earn discounts, free
      cookies and commissions as set forth herein.




    7. MCD Website – Means the My Cookie Dealer website located at


      https://mycookiedealer.com/pages/home




    8. Product(s) – Means the Cookies sold on the MCD Website.




    9. Sale(s) – Means a purchase made by a customer (not including purchases made by


      Slinger) from the MCD Website using Slinger’s Code or Link (as described in Section
      4 of this Agreement). Slinger’s Codes are not valid at any MCD Store, Pop-Up Shop
      or any other location where MCD Cookies are sold and cannot qualify as Sales. In
      order to qualify as a Sale credit, the customer must purchase at least one (1) Five
      Pack of Cookies from the MCD Website. Sales credit are as follows:















    1. If a Customer Purchases a Five Pack of Cookies, Slinger shall receive credit
      for one half (0.5) Sales (i.e. two Five Packs will equal 1 Sale);




    2. If a Customer Purchases a Ten Pack of Cookies, Slinger shall receive credit
      for one (1) Sale (i.e. two Ten Packs will equal 2 Sales);




    3. If a Customer Purchases a Twenty Pack of Cookies, Slinger shall receive
      credit for two (2) Sales (i.e. two Twenty Packs will equal 4 Sales);




    4. If a Customer places a custom order for One Hundred (100) to Three
      Hundred (300) Cookies, Slinger shall receive credit for six (6) Sales;




    5. If a Customer places a custom order for more than Three Hundred (300)
      Cookies, Slinger shall receive credit for eight (8) Sales.




    j. You/Your – Refers to any and all individuals who are accepted into the MCD
    Affiliate Program.




    1. INVITATION, APPLICATION AND DOCUMENTS:




      1. In order to join the MCD Affiliate Program, You (i) must be a United States citizen


        with a non-PO box shipping address located in the United States (ii) must be
        invited by MCD and (iii) must complete an application form and provide the
        documents requested (the “Application”).




      2. MCD will review the Application and reserves the right to accept or reject the
        Application for any reason, or no reason, in its sole and exclusive discretion. An
        invitation sent by MCD does not constitute acceptance into the MCD Affiliate
        Program.




      3. If the Application is accepted, an Acceptance Email will be sent to the email
        address set forth in the Application. You are responsible for monitoring the email
        address provided to MCD and notifying MCD of any changes to such email.






    2. TERM AND TERMINATION: This Agreement shall begin on the date that MCD sends an
      Acceptance Email to You via email and shall continue for as long as You are a member of
      the MCD Affiliate Program (the “Term”). MCD reserves the right to terminate Slinger at
      any time by providing notice to You via email (“Termination”). If You no longer wish to be
      a member of the MCD Affiliate Program, You must provide MCD with written notice of
      Termination to [email protected] In the event this Agreement is terminated
      by either party, Commissions (if any) earned prior to the date of Termination shall be
      shipped on or before the Fifteenth (15) day of the month following the Termination. After
      Termination, Slinger shall no longer be eligible to receive any of the discounts, rewards or
      Commissions set forth in this Agreement and Slinger’s affiliate codes and links shall be
      discontinued.




    3. SLINGER CODE AND LINK: Upon acceptance into the MCD Affiliate Program, Slinger shall
      receive an affiliate code (the “Code”) and affiliate link (the “Link”), which will provide
      Customers with a Ten Percent (10%) discount off of the order (not including shipping price
      and/or taxes) and will be used to track Slinger’s Sales. In order for Slinger to receive credit
      for a Sale, a Customer must purchase at least one (1) Five Pack of Cookies and either:

















    1. Enter the Slinger’s Code in the section designated on the checkout page on the
      MCD Website prior to completing the purchase; or




    2. Access the MCD Website directly by clicking the Slinger’s Link and completing a
      purchase while accessing the MCD Website through the Slinger’s Link.




    In the event that a Customer does not enter the Slinger’s Code prior to completing a
    purchase or does not complete a purchase while accessing the MCD Website directly from
    the Slinger’s Link, Slinger will not receive credit for the Sale. Emails, pictures, screenshots
    or other notification from Slinger or a customer stating that Slinger’s Code or Link was
    supposed to be used will not be accepted by MCD and Slinger will not receive credit for
    such Sale.


    5. SLINGER DISCOUNT, PRODUCTS AND COMMISSION STRUCTURE: In exchange for making
    a minimum of Four (4) sales per Month, Slinger shall receive the benefits set forth below
    based on the total Sales made by Slinger after being accepted into the MCD Affiliate
    Program:




    1. 5-10 Sales – Slinger will receive a Twenty Percent (20%) discount (taken off of the
      sales price, not including shipping or taxes) to be used by Slinger on any orders
      made by Slinger from the MCD Website for personal use only (a “Slinger
      Discount”).




    2. 11-20 Sales – Slinger will receive a Slinger Discount and one (1) Five Pack of
      Cookies for the Month. Cookies shall be chosen by MCD in its sole and exclusive
      discretion.




    3. 21-30 Sales – Slinger will receive a Slinger Discount and one (1) Ten Pack of Cookies
      for the Month. Cookies shall be chosen by MCD in its sole and exclusive discretion.




    4. 31-50 Sales – Slinger will receive one (1) Twenty Pack of Cookies for the Month
      and Ten Percent (10%) Commission for all Sales made during that Month (after
      reaching 31 Sales). Cookies shall be chosen by MCD in its sole and exclusive


      discretion.




    5. 51+ Sales – Slinger will receive two (2) Twenty Packs of Cookies for the Month and


      Twenty Percent (20%) Commission for all sales made during that Month (after
      reaching 51 Sales). Cookies shall be chosen by Slinger based on the flavors that are
      available at the time of purchase. Slinger will receive a special discount code to
      enter at the time of order that will allow them to checkout without paying for the
      order.




    Commissions will be based on the Net Sale of the Products (defined as the sales price after
    discounts are applied and not including the shipping cost or any taxes). Commission and
    free Cookies, if any are earned by Slinger, shall be shipped on or before the fifteenth (15)
    day of the following Month via Ground Shipping or Hand Delivery if applicable. If Slinger
    is in the category of 51 or more sales, and has made at least Four (4) sales during the
    Month, the order for the Cookies must be placed before the fifteenth (15th) day of the
    Month, or the Cookies will be selected by MCD in its sole and exclusive discretion.













    In order to earn the benefits set forth above, Slinger must make at least Four (4) Sales
    during the Month. In the event that Slinger fails to make at least Four (4) Sales during the
    Month, Slinger shall not be eligible to receive the benefits applicable to the sales category
    above. If Slinger fails to make at least Four (4) Sales for two (2) Months, MCD reserves the
    right to Terminate Slinger from the MCD Affiliate Program.




    1. NO RESALE: Slinger acknowledges and agrees that MCD Cookies are not to be resold
      under any circumstances. This includes, but is not limited to, selling the products at any
      physical location or on any website. IN THE EVENT THAT A SLINGER IS CAUGHT SELLING
      ANY MCD COOKIES, SLINGER WILL BE IMMEDIATELY TERMINATED FROM THE MCD
      AFFILIATE PROGRAM, SHALL FORFEIT ANY AND ALL COMMISSIONS, DISCOUNTS AND
      FREE PRODUCTS THAT MAY HAVE BEEN EARNED BY SLINGER DURING THE MONTH, IN
      ADDITION TO ANY AND ALL LEGAL REMEDIES AVAILABLE TO MCD AT LAW OR IN
      EQUITY.




    2. SLINGER DISCOUNT CODE: Slinger acknowledges and agrees that the Slinger Discount
      Code may only be used by Slinger for Slinger’s purchases of Products for personal use
      only. Slinger shall not use the Slinger Discount Code to make purchases for other
      individuals, including, but not limited to, family members and friends. IN THE EVENT THAT
      A SLINGER IS CAUGHT USING THE SLINGER DISCOUNT CODE TO MAKE PURCHASES FOR
      OTHER INDIVIDUALS, SLINGER WILL BE IMMEDIATELY TERMINATED FROM THE MCD
      AFFILIATE PROGRAM, SHALL FORFEIT ANY AND ALL COMMISSIONS, DISCOUNTS AND
      FREE PRODUCTS THAT MAY HAVE BEEN EARNED BY SLINGER DURING THE MONTH, IN
      ADDITION TO ANY AND ALL LEGAL REMEDIES AVAILABLE TO MCD AT LAW OR IN
      EQUITY.




    3. INDEPENDENT CONTRACTOR: Slinger acknowledges and agrees that he/she is an
      independent contractor pursuant to this Agreement. Nothing in this Agreement creates
      any agency, joint venture, partnership, or other form of joint enterprise, employment, or
      fiduciary relationship between MCD and Slinger or an employee/employer relationship.
      Slinger shall be responsible for reporting and paying any and all applicable taxes that
      result from any Commissions earned or paid under this Agreement. Slinger shall have no
      express or implied right or authority to assume or create any obligations on behalf of, or
      in the name of, MCD or to bind MCD to any contract, agreement, or undertaking with any
      individual, company or third-party.




    4. MARKETING: Slinger acknowledges and agrees that MCD may send text message, email
      and other forms of marketing to Slinger during the Term of this Agreement. In order to
      be part of the MCD Affiliate Program, Slinger must be signed up to receive marketing from
      MCD. If Slinger no longer wishes to receive marketing notifications from MCD, Slinger
      must opt out of such marketing by visiting the MCD Website. In the event that Slinger
      opts out of receiving marketing notifications from MCD, Slinger will be terminated from
      the MCD Affiliate Program.

















    1. NO TAX ADVICE: Slinger acknowledges and agrees that MCD is not responsible for
      providing any tax or accounting advice, and Slinger shall solely be responsible for seeking
      any such advice from a tax or accounting professional.




    2. LIMITATION: During the Term of this Agreement, Slinger shall not represent any other
      cookie company, bakery or similar line of products. Throughout the Term of this
      Agreement, Slinger agrees to be a positive spokesperson for MCD and the Products and
      agrees not to do, say, or act in any way that would damage the reputation or goodwill of
      MCD. Slinger affirms that any and all testimonials and endorsements given about the
      Products/Cookies will be truthful, accurate, and based on Slinger’s personal experiences.




    3. ALLERGIES: Slinger acknowledges that MCD Cookies contain food allergens and Slinger is
      solely responsible for ensuring that the Cookies are safe for Slinger to consume if Slinger
      has any Allergies.




    4. CONFIDENTIAL INFORMATION: Slinger understands that, from time to time during the
      Term of this Agreement, MCD may disclose or make available to Slinger information about
      its business, goods and services, or other confidential or proprietary information
      (“Confidential Information”). Slinger agrees not to use or disclose any such Confidential
      Information to any third-party without the prior written consent of MCD and agrees to
      return or destroy all Confidential Information and copies thereof that he/she may receive
      under this Agreement at the end of this Agreement or upon the request of Company.












    14. GOVERNING LAW;




    WAIVER OF JURY TRIAL:







    CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, THE
    RELATIONSHIP OF THE PARTIES TO THIS AGREEMENT, AND/OR THE INTERPRETATION
    AND ENFORCEMENT OF THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS
    AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS
    OF THE STATE OF NEW YORK, WITHOUT REGARD TO THE CHOICE OF LAW RULES






    THIS AGREEMENT AND ANY CLAIM,






    THEREOF. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY
    JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING






    TO THIS AGREEMENT.








    15. CLASS ACTION
    ADJUDICATED




    WAIVER:
    THE PARTIES
    INDIVIDUAL BASIS




    AGREE THAT
    WAIVES






    ANY CLAIMS WILL











    BE







    IN A CLASS, COLLECTIVE

    16. HEADINGS: The headings in this Agreement are for reference only and do not affect the






    PARTICIPATE






    ON AN






    , AND EACH






    JOINT ACTION
    THE






    THE RIGHT TO








    OR OTHER






    WITH RESPECT TO







    CLAIMS.

    interpretation of this Agreement.


    17.SEVERABILITY: If any term or provision of this Agreement is invalid, illegal, or
    unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability does not
    affect any other term or provision of this Agreement or invalidate or render










    unenforceable such term or provision in any other jurisdiction. Upon a determination that
    any term or provision is invalid, illegal, or unenforceable, the court may modify this
    Agreement to affect the original intent of the Parties as closely as possible in order that
    the transactions contemplated hereby be consummated as originally contemplated to the
    greatest extent possible.




    1. ELECTRONIC ACCEPTANCE AND DELIVERY: Slinger agrees that this Agreement may be
      electronically delivered and accepted, and that by choosing to participate in the MCD
      Affiliate Program, You are accepting the terms and conditions set forth in this Agreement.
      Acceptance shall be the same as handwritten signatures for the purposes of validity,
      enforceability, and admissibility. Delivery of this Agreement by email or other electronic
      means shall be deemed to be, and shall have the same legal effect as, execution by an
      original signature and delivery in person.




    2. NO WAIVER: No waiver by either Party of any breach of any of the covenants or conditions
      herein contained, performed by the other party shall be construed as a waiver of any
      succeeding breach of the same or of any other covenant or condition.




    3. AMENDMENTS: Any Amendment to the terms and conditions set forth herein must be
      made in writing by MCD and may be made at any time by sending an email notification to
      Slinger and posting these terms and conditions online at
      https://mycookiedealer.com/pages/home.




    If Slinger is accepted into the MCD Affiliate Program, Slinger is agreeing to be bound by the terms
    and conditions set forth in this Agreement, which may be amended by MCD by providing email
    notice to Slinger of the updated terms and conditions.








    LAST UPDATED: MARCH 24, 2021

    I. INTRODUCTION

    In this Privacy Notice (this “Notice”), My Cookie Dealer, LLC may be referred to as “My Cookie Dealer”, “we”, or “us”.

    This Notice covers how and why we collect, use, and disclose information that identifies or can be used to identify you (sometimes referred to as “Personal Data” or “Personal Information” under applicable privacy and data security laws, and hereinafter, “Personal Data”) when you access or use My Cookie Dealer owned websites or mobile applications (which may have additional Terms of Use), other products, brands or services that link to this Notice (collectively, the “Services”) or when you otherwise interact with us. If you do not agree with the content of this Notice, please do not use our websites or otherwise interact with our company, services, brands or products.

    II. WHAT DATA DOES MY COOKIE DEALER COLLECT AND HOW?

    When you use our Services, we may collect or receive Personal Data about you to provide our services and operate our business. Personal Data may include your name, age, gender, photo, general background information, location/hometown, email address, mailing address, phone number and credit card information.

    We collect Personal Data in the following ways:

    A. Information You Provide to Us Directly:

    • When you visit and interact with our Services including submitting a posting to any of our forums, message boards, review areas, chats, messaging services, profile pages or other areas of the websites;
    • When you voluntarily provide information to us when registering for our Services directly or through a social networking site;
    • When you enter purchase information, place orders, make exchanges or returns, or when you request information about products and services offered through the Services;
    • When you contact our customer service department;
    • When you enter a contest or sweepstakes, respond to a survey or questionnaire or subscribe to a newsletter;
    • When you provide us with comments or suggestions;
    • When you use social media in connection with or to interact with the Services;
    • When you attend our events or events we sponsor or participate in our field marketing activations or other activities; or
    • When you serve as talent (e.g., a model or social media influencer) in our advertising campaigns.
    • Email Marketing: With your permission, we may send you emails about our store, new products and other updates.
    • Text Marketing: With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

    B. Information Collected Automatically:

    We also may receive and store certain information about you and your device(s) automatically when you access or use our Services. This information may include:

    • Transactional Information: When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and date and location of the transaction.
    • Usage and Log Information: We collect information related to your access to and use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.
    • Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
    • Preferences: We collect information about your preferences to make your use of the Services more productive through the use of cookies.
    • Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use different technologies to collect information, including cookies and pixel tags when you access the Services, whether as a registered user (“User”) or a non-registered user, to automatically record information such as your Internet Protocol (IP) address, browser type and language, Internet service provider, referring and exit websites and applications, operating system, date/time stamp, and clickstream data (“Log Data”).

    C. Information Collected from Other Sources

    We also may collect or receive Personal Data from third parties such as service providers, vendors, contractors, and partners as described in Section IV of this Notice.

    III. WHY DOES MY COOKIE DEALER COLLECT PERSONAL DATA?

    My Cookie Dealer collects Personal Data for the following business or commercial purposes:

    • Communications. We use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.
    • Order Fulfillment. We use your Personal Data to assist us in fulfilling orders you place with us, such as making shipping arrangements and contacting you about back orders, returns or exchanges. If you use a credit or debit card for any purchase, we will collect and retain the necessary information about such card that you submit (through our third-party processors who keep the credit or debit card information confidential) to complete that purchase, as well as keep a history of your purchases. We use the collected information to process your purchases and to better assist you when you contact us.
    • Operation, maintenance, and improvement of our websites, products, and services. We use your personal data to aid us in the operation and maintenance of our Services. We also use such information to help us improve our Services and the products and services we offer to you in order to better serve you and our other customers.
    • Contests. We use your Personal Data to administer contests, sweepstakes, and promotions that you enter.
    • Customer service. We use your Personal Data to:
      • personalize your experience and deliver the type of content and product offerings in which you are most interested;
      • better service you when responding to your customer service requests and questions;
      • send periodic emails regarding your order or other products and services; and
      • follow up with you after correspondence (live chat, email or phone inquiries).
    • Contracts. We use your Personal Data to carry out our obligations and enforce our rights arising from any contracts entered into between My Cookie Dealer and you (or your employer), including for billing and collection.
    • Miscellaneous. We use your Personal Data in other ways as required or permitted by law or with your consent.

    We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without first providing you with notice

    IV. HOW MY COOKIE DEALER SHARES PERSONAL DATA

    We may share or disclose your Personal Data for a business purpose with the following third parties:

    • Vendors: We engage vendors, third parties, service providers, contractors, and partners to:
      • facilitate the operation of our websites including operating our websites on our behalf, performing website-related services (e.g., maintenance services, database management, web analytics, and improvement of our websites' features), and/or assisting us in analyzing how our websites are used;
      • facilitate and deliver the various forms of communication described in Section III of this Notice and/or track, personalize, and deliver marketing or other promotional materials;
      • to fulfill purchase orders including making shipping arrangements, contacting consumers about back orders, returns or exchanges, processing payments, and/or assisting with billing and collection;
      • administer our sweepstakes, contests, and other promotions; and
      • provide customer service support.
    • Data Analysts and Aggregators: We may share aggregated information that does not include Personal Data, and we may otherwise disclose Non-Identifying Information such as general (non-specific) geographic location, device/browser technology, onsite behavior, population data, user segmentation, survey results, and Log Data, with third parties for data analysis, demographic profiling, and other purposes. Any aggregated information shared in this manner will not contain your Personal Data. Non-Identifying Information is considered a part of your Personal Data only if combined with other identifiers (e.g., combining your zip code with your street address) in a way that enables you to be personally identified or contacted. The same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (e.g., your viewing preferences).
    • Government and Law Enforcement: My Cookie Dealer cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We can disclose any information about you to government or law enforcement officials or private parties as we believe necessary or appropriate to respond to claims and legal process including subpoenas and litigation, and to protect the safety, property, and rights of My Cookie Dealer or other parties or to prevent or stop activity we may consider to be illegal, unethical or legally problematic.
    • Related Businesses: My Cookie Dealer may disclose Personal Data to our subsidiaries and/or affiliates. We may also sell, divest, transfer, assign, share or otherwise engage in a transaction that involves some or all of our assets, including any or all of the information described in this Notice, in the course of a corporate divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization or any other similar transaction or proceeding.
    • Miscellaneous: In addition to the above, My Cookie Dealer may disclose Personal Data to third parties to fulfill the purpose for which you provide it, for any other legitimate business or commercial purpose disclosed by us when you provide the information, or with your consent (where appropriate).

    V. PROTECTING YOUR PERSONAL DATA.

    Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone, and My Cookie Dealer will never ask you for your password, credit card information or Personal Data in any unsolicited communication such as phone calls or emails.

    VI. TRANSFERS TO OTHER COUNTRIES

    My Cookie Dealer may share your Personal Data as described in Section IV of this Notice, which means that your information may be transferred to, and maintained on, computers or with third parties located outside of your state, province, country or other governmental jurisdiction. Your Personal Data may therefore be subject to privacy laws of other jurisdictions. If you are located outside the United States and choose to provide information to us, My Cookie Dealer may transfer your Personal Data to the United States and process it there.

    VII. DATA RETENTION AND DELETION

    My Cookie Dealer keeps your Personal Data for varying amounts of time depending on the type of Personal Data collected, and where we have an ongoing legitimate business need to do so, including customer services, processing product orders, making data-driven business decisions, maintaining appropriate business and financial records, complying with our legal and regulatory obligations, and resolving disputes. We keep some of your Personal Data for as long as you are a My Cookie Dealer customer. For example, we keep your order history, payment information, email address(es), and shipping and billing addresses. If you request, we may delete or anonymize your Personal Data so that it no longer identifies you, unless we are legally allowed or required to maintain certain Personal Data, including situations such as (i) an unresolved issue related to your order, (ii) tax, audit, and accounting obligations, (iii) an unresolved claim, dispute, allegation or litigation, and (iv) mandatory data retention laws in the applicable jurisdiction including regulatory obligations to preserve data relevant to an investigation.

    VIII. RESIDENTS OF THE EUROPEAN ECONOMIC AREA

    If you are a resident in the European Economic Area, you have the following data protection rights with respect to your Personal Data (as such term is defined in the General Data Protection Regulation 2016/679):

    • request to be informed of and have access to the Personal Data we process about you;
    • request that we amend or update your Personal Data when it is inaccurate or incomplete;
    • request that we delete your Personal Data;
    • request that we temporarily or permanently stop processing all or some of your Personal Data;
    • object to us processing your Personal Data on grounds relating to your particular situation;
    • object to your Personal Data being processed for direct marketing purposes; and
    • request a copy of your Personal Data in electronic format and to be able to transmit that Personal Data for use in another party's service.

    You can exercise these rights by using our Privacy Team at CREATE [email protected] or by sending written notice to My Cookie Dealer, 82 Lake Ave. S, Suite 5, Nesconset, New York, 11767, United States.

    IX. ADDITIONAL NOTICE TO CALIFORNIA RESIDENTS

    In accordance with the California Consumer Privacy Act (the “CCPA”), the following table summarizes our Personal Data collection, use, and sharing practices in the preceding twelve (12) months January 1, 2020. As reflected in this table, we may share your Personal Data with a variety of outside entities including service providers, third parties, our subsidiaries, and law enforcement.

     

    Personal Data

    Sources of Personal Data

    Why We Collect Personal Data?

    To Whom May We Sell or Disclose Personal Data?

    1. Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers.

    See Section II above.

    See Section III above.

    See Section IV above.

    2. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

    Examples: name, signature, Social Security number, physical characteristics or description, address, telephone number, passport 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 any other financial information, medical information, or health insurance information.

    See Section II above.

    See Section III above.

    See Section IV above.

    3. Characteristics of protected classifications under federal and California law such as age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, or genetic information (including familial genetic information).

    See Section II above.

    See Section III above.

    See Section IV above.

    4. Commercial information such as records of personal products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

    See Section II above.

    See Section III above.

    See Section IV above.

    5. Biometric information such as fingerprints, faceprints, voiceprints, iris or retina scans, keystroke patterns or rhythms, gait patterns or rhythms, or other physical patterns, and sleep, health, or exercise data.

    See Section II above.

    See Section III above.

    See Section IV above.

    6. Internet or other electronic network activity information, including browsing history, search history and information on a consumer's interaction with a website, application, or advertisement.

    See Section II above.

    See Section III above.

    See Section IV above.

    7. Geolocation data such as physical location or movement.

    See Section II above.

    See Section III above.

    See Section IV above.

    8. Sensory data such as audio, electronic, visual, thermal, olfactory or other similar information.

    See Section II above.

    See Section III above.

    See Section IV above.

    9. Professional or employment-related information such as current or past job history or performance evaluations.

    See Section II above.

    See Section III above.

    See Section IV above.

    10. Education information such as records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

    See Section II above.

    See Section III above.

    See Section IV above.

    11. Inferences about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

    See Section II above.

    See Section III above.

    See Section IV above.

     

    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 Data over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

    • The categories of Personal Data we collected about you.
    • The categories of sources for the Personal Data we collected about you.
    • Our business or commercial purpose for collecting or selling that Personal Data.
    • The categories of third parties with whom we share that Personal Data.
    • The specific pieces of Personal Data we collected about you (also called a data portability request).
    • If we sold or disclosed your Personal Data for a business purpose, two separate lists disclosing:
      • sales, identifying the Personal Data categories that each category of recipient purchased; and
      • disclosures for a business purpose, identifying the Personal Data categories that each category of recipient obtained.

    Deletion Request Rights

    You have the right to request that we delete any of your Personal Data 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 Data from our records, unless an exception applies under the CCPA.

    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 Data, 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, returns policy 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.
    • 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.

    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:

    • Completing and submitting our [ENTER Clickable Webform that takes the Customer to California Request Form];
    • Emailing us at [email protected]; or
    • Writing us at 82 Lake Ave. S., Suite 5, Nesconset, New York 11767, USA, Attention: Privacy Team.

    Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. If you designate an authorized agent (either a natural person or a business entity registered with the California Secretary of State) to make a request under the CCPA on your behalf:

    • the authorized agent must submit proof of your authorization through our request webform (make this a hyperlink to California Form) or to our Privacy Team at [email protected]; and
    • you must verify your identify directly with us.

    You may only make a verifiable consumer request for access or data portability twice within a twelve (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 Data or an authorized representative, which may include your name and email address; and
    • 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 Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you. We will only use Personal Data 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 to respond (up to a total of ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response to a verifiable consumer request by email or mail.

    Any disclosures we provide will only cover the twelve (12) month period preceding our receipt of the verifiable consumer request. Our response will explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Data 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.

    Personal Data Sales Opt-Out

    You have the right to direct us not to sell (as such term is defined in the CCPA) your Personal Data at any time. To exercise the right to opt-out of a sale, you (or your authorized representative) may submit a request to us by either:

    • Clicking Do Not Sell My Info [Hyperlink to California Form] and completing and submitting the webform;
    • Emailing us at [email protected]; or
    • Writing us at 82 Lake Ave. S., Suite 5, Nesconset, New York 11767, USA, Attention: Privacy Team.

    Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Data sales. We will only use Personal Data provided in an opt-out request to review and comply with the request.

    Non-Discrimination and Financial Incentives

    We will not discriminate against you for exercising your rights under the CCPA. Unless otherwise 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 with a different level or quality of goods or services; or
    • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

     

     

    X. HOW TO ACCESS AND CONTROL YOUR PERSONAL DATA

    Nevada Residents. Nevada residents may opt out of the sale of certain Personal Data collected by website operators. Although we do not currently sell Personal Data (as “sale” is defined under Nevada law) or have any plans to sell Personal Data, you may contact our Privacy Team at [email protected] to opt out of any future sale of your Personal Data.

    Email Communications. If you decide at any time that you no longer wish to receive email communications from us, please follow the unsubscribe instructions provided in any of the communications.

    Cookies. We do not sell your Personal Data for money but we offer cookies and other tracking technologies, which may in some cases constitute the sale of your Personal Data under the CCPA. To opt-out of the sale of your Personal Data, please click Do Not Sell My Info [Hyperlink to DO NOT SELL FORM] and complete and submit the webform. This will cause information to cease to be added to any cookies or other tracking technologies that have been set on our Services or block them entirely. Please note that you will need to opt out again if you visit one of our Services from a different device or browser or if you clear your cookies.

    Additionally, you can choose to turn off all cookies through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies preferences. Please note that if you turn cookies off, some features of our Services may be disabled and you may not be able to use all portions of our Services or all functionality of our Services.

    De-Linking Social Networking Sites. If you decide at any time that you no longer wish to have your social media account(s) (such as Facebook, Instagram or Twitter) linked to My Cookie Dealer, then you may de-link the social media account(s) in the “preferences” section in your User account settings.

    XI. SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

    WE RESPECT YOUR PRIVACY. WE WILL ONLY USE INFORMATION YOU PROVIDE THROUGH THE PROGRAM TO TRANSMIT YOUR MOBILE MESSAGES AND RESPOND TO YOU, IF NECESSARY. THIS INCLUDES, BUT IS NOT LIMITED TO, SHARING INFORMATION WITH PLATFORM PROVIDERS, PHONE COMPANIES, AND OTHER VENDORS WHO ASSIST US IN THE DELIVERY OF MOBILE MESSAGES.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. NONETHELESS, WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENTAL REQUEST, TO AVOID LIABILITY, OR TO PROTECT OUR RIGHTS OR PROPERTY. WHEN YOU COMPLETE FORMS ONLINE OR OTHERWISE PROVIDE US INFORMATION IN CONNECTION WITH THE PROGRAM, YOU AGREE TO PROVIDE ACCURATE, COMPLETE, AND TRUE INFORMATION. YOU AGREE NOT TO USE A FALSE OR MISLEADING NAME OR A NAME THAT YOU ARE NOT AUTHORIZED TO USE. IF, IN OUR SOLE DISCRETION, WE BELIEVE THAT ANY SUCH INFORMATION IS UNTRUE, INACCURATE, OR INCOMPLETE, OR YOU HAVE OPTED INTO THE PROGRAM FOR AN ULTERIOR PURPOSE, WE MAY REFUSE YOU ACCESS TO THE PROGRAM AND PURSUE ANY APPROPRIATE LEGAL REMEDIES.

    CALIFORNIA CIVIL CODE SECTION 1798.83 PERMITS USERS OF THE PROGRAM THAT ARE CALIFORNIA RESIDENTS TO REQUEST CERTAIN INFORMATION REGARDING OUR DISCLOSURE OF THE INFORMATION YOU PROVIDE THROUGH THE PROGRAM TO THIRD PARTIES FOR THEIR DIRECT MARKETING PURPOSES.  TO MAKE SUCH A REQUEST, PLEASE CONTACT US AT THE FOLLOWING ADDRESS:

    MY COOKIE DEALER, LLC

    82 LAKE AVE. S., SUITE 5,

    NESCONSET, NEW YORK 11767, USA,

    ATTENTION: PRIVACY TEAM.

    [email protected]

    THIS PRIVACY POLICY IS STRICTLY LIMITED TO THE PROGRAM AND HAS NO EFFECT ON ANY OTHER PRIVACY POLICY(IES) THAT MAY GOVERN THE RELATIONSHIP BETWEEN YOU AND US IN OTHER CONTEXTS.

    OTHER IMPORTANT PRIVACY INFORMATION

    XII. Minors. 

    Our websites are not directed to minors (persons under the age of majority in their relevant jurisdiction), and we will not knowingly collect or sell Personal Data from minors without affirmative authorization. If you are a minor, do not use or provide any information on any of our Services, or on or through any of its features, make any purchases through our Services, use any of the interactive or public comment features of our Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected, received or sold Personal Data from a minor without verification of parental consent, we will delete that information. If you believe we may have any information from or about a minor, please contact our Privacy Team at [email protected] or Writing us at 82 Lake Ave. S., Suite 5, Nesconset, New York 11767, USA, Attention: Privacy Team.

    Do Not Track Signals. Your browser settings may allow you to transmit a “Do Not Track” signal to websites you visit. Our websites, similar to many other websites and online services, do not respond to Do Not Track signals.

    XIII. LINKS

    We may have advertisements or other content that link to third party websites which have their own terms of use and privacy policies. If you decide to visit those websites, understand that you are leaving our websites and those third parties may place their own cookies or other files on your computer and collect, use or share your Personal Data according to their separate policies and practices. Please read those third parties’ privacy policies to determine how they collect and process your Personal Data. While we have no responsibility or liability for the content and activities of these linked websites, we are interested in protecting the integrity of our Services and welcome any feedback about those linked websites.

    XIV. CHANGES TO THIS NOTICE

    It is our practice to post any changes we make to this Notice on this page. If we make material changes to how we treat your Personal Data, we will notify you through a notice on the Services. The date this Notice was last updated is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable e-mail address for you, and for periodically visiting our Services and reviewing this Notice to check for any changes. By accessing or using our Services, you agree to this Notice. Your continued use of our Services after we make any changes to this Notice is deemed to be acceptance of those changes.

    XV. HOW TO CONTACT US

    If you have a privacy concern, complaint, suggestion or question for My Cookie Dealer, or if you wish to exercise your rights related to your Personal Data, please contact our Privacy Team at [email protected]; or My Cookie Dealer 82 Lake Ave. S., Suite 5, Nesconset, New York 11767, USA, Attention: Privacy Team.