Privacy Policy
Last Update: August 1st, 2024
E. Mishan & Sons, Inc. (“Emson,” “We,” “Our,” or “Us”) takes your privacy seriously.
This Privacy Policy describes the types of information that we may collect or that may be provided by users, customers and individuals (“Users,” “You” or “Your”) when you visit or use our websites, mobile applications, our pages on social networking sites and other platforms, and streaming services or any site of ours or our affiliates that link to this privacy policy (collectively “Site” or “Sites”) and the associated products, services, data, information and materials offered therein (“Services”) and our practices for collecting, using, protecting, sharing, and disclosing personal information.
California residents should refer to our Privacy Policy For California Residents
PLEASE READ THIS PRIVACY 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 SITES. BY ACCESSING OR USING OUR SITES, YOU AGREE TO OUR POLICIES AND PRACTICES. THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME (SEE CHANGES TO OUR PRIVACY POLICY). YOUR CONTINUED USE OF OUR SITE AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK PERIODICALLY FOR UPDATES. BY VISITING OUR SITES, PROVIDING INFORMATION THROUGH OUR SITES, AND/OR PURCHASING A PRODUCT FROM OUR SITES, YOU ARE CONSENTING TO AND ACCEPTING THE TERMS, CONDITIONS AND PRACTICES DESCRIBED IN THIS PRIVACY POLICY.
1. Information We Collect
When we use the term "personal information" in this Privacy Policy, we mean personal information or personal data that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular individual, household or device. Personal information does not include information that has been aggregated or deidentified so that it does not identify a specific individual, household or device. The term also does not include information that is encrypted, secured, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable. Personal information does not include publicly available information.
We may collect personal information when you purchase a product, request a service, request refunds, returns, and exchanges, submit a review, subscribe to communications, respond to a survey, or engage in some other activity on our site. We may ask you for contact information such as your name, address, telephone number, and email address. We may ask you for location information, or it may be automatically provided by your browser or device. If you do not want us to collect location information, you can turn off location services in your browser or device.
We may also obtain data about individuals from third party sources, such as financial information, credit history information from credit bureaus, search term and search result information.
We limit the collection of personal information to what is adequate, relevant, and reasonably necessary to the purposes for which such information is processed.
2. How We Collect Your Information
When you visit or interact with our Sites, we and our third-party contractors and service providers (such as advertising and analytics providers) use technologies including trackers, cookies, pixel tags, web beacons, clear gifs, action tags, and other online tracking technologies (collectively, “online tracking technologies”) to collect personal information including MAC addresses, IP addresses, browser type and version, time zone setting, browser plug-in types, operating systems and platform, device type, and device identifiers, pages visited on our site, referring and exit pages, the dates and times of the visits, and the terms that you use in searches on our Sites. To the extent that these online tracking technologies are deemed to be a “sale” and or “sharing” (which includes targeted advertising, as defined by applicable laws), under certain applicable U.S. state laws, you can opt-out of these online tracking technologies by clicking the “Do Not Sell or Share My Personal Information” link on our Sites or submitting a request as set forth in the Opt-Out Rights section of this Privacy Policy.
We use cookies to help us improve, promote, and protect our services. By using our Sites, you agree to our cookie policy. When you visit our Sites, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the Site the cookie may be read. We use cookies to help us collect the site visitation data described above and in some cases to deliver specialized content. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of our website may use cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. We may use this information for any purpose permitted by law.
Users can control the use of cookies at the individual browser level. If you prefer not to receive cookies on our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. Refusing cookies or turning them off may have unpredictable effects on the functionality of the site.
Our Sites may contain links to other sites. If you use these links, you will leave our Site. When you access a third-party site, even one that may contain our name or logos, please be aware that we do not control the content and we are not responsible for the privacy practices of that site. This Privacy Policy does not cover the information practices of third-party sites linked to our Sites, which are outside of our control.
Our Sites may include social media features such as the Facebook “Like” button, or the “Share This” button. Social media features on this site collect standard information such as your IP address, the page you are visiting on our website, and may use cookies. Social media functions provided by a third party are governed by the Third party’s privacy policy.
3. How We Use Your Information
We may use the collected personal information to fulfill and provide the products, services, or information you request from us, for processing refunds, returns, and exchanges, tracking and confirming orders, marketing and advertising products and services, conducting research and analysis, administering various programs, or for other lawful business purposes. This may include sending information that you have requested, or contacting you about products and services that you have purchased or browsed. We may also share information with affiliates and third parties so that they may contact you by email, postal mail, or phone regarding products, services, promotions, special events, or other subjects that we think might appeal to your interests.
We may combine the personal and other information we receive from one source with information we receive from other sources. For example, we may combine personal information collected through our Sites with other information that we collect about you in other contextsCsuch as our communications with you via email or phone, or your customer service records. We also may combine your personal information with information that we obtain from third parties.
We may employ third parties to perform functions on our behalf including order fulfillment, delivering packages, return processing, sending postal mail and e mail, removing repetitive information from customer lists, analyzing data, conversion of abandoned shopping carts, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and chargebacks, and providing customer service. We engage third-party service providers who provide services such as analytics, web hosting, app development, advertising, marketing and other services to support our operations. We may provide collected personal information to third parties as needed to perform their functions. We may sell, rent, trade, or otherwise share collected personal information with third parties for promotional use. In the past twelve (12) months, we may have not sold personal information to third parties.
We may share personal information with third-party contractors and service providers, and marketing, data, analytics, social media, and advertising companies (like advertising agencies, marketing cooperatives, analytics providers, data brokers, social networks, providers of sponsored content, and others) that may use the information for our, their, and others’ marketing and advertising purposes. We may use streaming services with technology that accesses personal information to provide you with personalized product and services and recommendations. By browsing and using our Sites and Services, you agree that we may participate in and share your information with data cooperatives who may advertise and market our products and services, including the presentation of tailored content and advertisements through our Sites, third-party sites, or email, and for any other lawful purpose. The foregoing may constitute “selling” personal information, as defined by applicable state law. These third parties may track visitors to the Sites or the recipients of our emails and the activities of those visitors and recipients over time, and they may track those visitors and recipients across other websites and online services over time, including for targeted advertising and joint marketing purposes. This may constitute the “sharing” of your personal information for third-party targeted advertising as defined by applicable state law. The personal information used and shared for these purposes includes personal identifiers, personal characteristics, commercial transaction information, website and mobile application usage activity, and inferences we generate about you based on the information we have received. Please visit Your State Privacy Rights to request that we limit this selling or sharing for targeted advertising. The Sites also respond to universal opt-out and privacy control signals as explained in this Privacy Policy. However, the Sites do not respond to Do Not Track signals.
We use information that we collect about you or that you provide to us, including any personal information in any other way we may describe when you provide the information and for any other purpose with your consent.
We may use de-identified data in some instances. We either maintain such data without attempting to re-identify it or treats such data as personal data subject to applicable law.
We may use this information to track system usage, to assist in tracking and analyzing advertising effectiveness, including for email campaigns, to count and recognize site visitors, to personalize your experience, to conduct general analysis and research, to personalize advertising, or for any other purpose permitted by law. We may use this information to improve site administration, provide general statistics, or for any other purpose permitted by law. This information may be linked with other personal information to the extent permitted by law. Our Sites may not be designed to respond to "do not track" requests from browsers.
We may release personal information when required by law, regulation, court order, subpoena or other legal process, or when we believe release is appropriate to comply with the law; to enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of us, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
We reserve the right to sell, share, disclose or transfer your personal information to a successor entity in the event of a corporate sale, merger, acquisition, dissolution, or similar event.
4. Data Security
We have implemented measures designed to safeguard your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information that you disclose or transfer to our Sites. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of personal information that may affect you so that you can take the appropriate actions.
For your own privacy protection, we urge you to keep all passwords confidential. We also recommend that you do not include sensitive information such as passwords, social security numbers or payment information, in any emails that you send to us.
If you become aware of any breach of the terms of this Privacy Policy or of the security of the Services, please notify us by email at Privacy@emsonusa.com and provide us with the full details.
5. Retention of Information
We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.
6. Disclosure of Your Information
We may disclose aggregated information about our users and information that does not identify any individual without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
We may also disclose your personal information:
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms and Conditions.
• If we believe disclosure is necessary or appropriate to protect our rights, property, or safety, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
7. Children Privacy
Our Sites and Services are not designed or intended to be used by anyone under the age of 18. By using our Sites, you certify that you are 18 years old or older. If you are under the age of 18, do not use our Services, or make purchases via the Services, use any interactive features of our Sites, or post or submit any personal information to our Sites. We do not knowingly or intentionally gather personal information about children who are under the age of 18. If a child has provided us with personal information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 18 in the applicable jurisdiction, please contact us Privacy@emsonusa.com. If we learn that we have inadvertently collected the personal information of a child under 18, we will take steps to delete the information and cease the use of that information in accordance with applicable law.
8. Your State Privacy Rights
Certain states have specific legal requirements and grant you other privacy rights with respect to personal information. Depending on where you reside, this section sets out – in a non-exhaustive manner – rights that you may have with respect to your personal information and how you can exercise those rights. We will comply with restrictions and any requests you submit as required by applicable law. If the state in which you reside is not identified, your state may not have additional privacy rights requests at this time.
California Privacy Rights
If you are a California resident, see the privacy rights are described in our CCPA Privacy Policy for California Residents which may be accessed here.
Colorado, Connecticut, Iowa, Oregon, Tennessee, Texas, Virginia and Utah Residents
This section describes rights of that Colorado, Connecticut, Iowa, Oregon, Tennessee, Texas, Virginia, and Utah state residents have regarding requests for and the management of their personal information.
Your state’s data privacy law requirements may not apply to Our Sites due to specific exemptions related to revenue, control, or the processing of personal data of a minimum number of consumers. Please note that if these requirements do not apply to Our Sites, We have the discretion to accept or decline requests to exercise rights under such laws. For further clarification or inquiries about how these laws apply to Our Services, please email Us at Privacy@emsonusa.com.
The following rights do not apply to publicly available information or to de-identified or aggregated information.
• You have the right to confirm whether We are processing Your personal information and to request access to such information. This includes any personal data We collect, use, sell, share, or disclose to third parties. You can receive this information in a readable format.
• You have the right to request deletion of your personal information that we collect about you.
• You have the right to correct inaccurate personal information that we have collected about (CO, CT, IA, OR, TN, TX, VA residents only).
• You have the right to opt-out of the sale* or sharing of your personal information (“Do No Sell or Share My Personal Information”).
• You have the right to limit the use of your sensitive personal information.
• You have the right to appeal our decision regarding any of the rights above (CO, CT, IA, OR, TN, TX, VA residents only).
Subject to the provisions of applicable state law, a request can be made either one or two times every 12 months.
* A definition of “sale” may vary under applicable state law but generally includes sharing information with a third party in exchange for any valuable benefit—monetary or otherwise. Please note that exercising this opt-out will not prevent a sale/transfer of your information to a third party in connection with a merger, acquisition, bankruptcy, or other sale of all or a portion of our assets.
Exercising Your Rights (CO, IA, OR, TN, TX, CT, VA, UT residents)
If Your state’s data privacy laws apply to Our Sites, You or your authorized agent may:
1. exercise Your rights to know, delete or correct, by clicking the following link www.emson.com/datarightsrequest and completing and submitting our Data Rights Request Form.
2. exercise Your rights to opt-out of the sale and sharing of personal information and limit use and disclosure of Your sensitive personal information as follows:
• Clicking “Do Not Sell or Share My Personal Information” in the footer of our site or clicking https://www.emson.com/optout,
• Clicking “Limit Use of My Sensitive Personal Information” in the footer of our site or clicking https://www.emson.com/optout,
• Emailing us at Privacy@emsonusa.com with Opt Out Request in the subject line, and include your full name, e-mail address, and postal address in your message and indicate “Do Not Sell or Share My Personal Information” and/or “Limit Use of My Sensitive Personal Information”.
With respect to the processing of personal data belonging to a known child, a parent or legal guardian of the child may exercise the consumer rights on behalf of the child.
Nevada Residents Privacy Rights
Residents of Nevada have the right to opt out of the “sale” of “covered information” (as defined by Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. If you reside in Nevada, you have the right to submit a request to us by email at Privacy@emsonusa.com. Please include “Nevada Rights Request” in the subject line.
9. Accessibility
Our Sites are designed, developed and maintained with the aim of providing equal access and usability to individuals with disabilities. If you are having difficulty viewing or navigating the content of our Sites, or if you believe that any content, feature, or functionality is not fully accessible to persons with disabilities, please email us at Privacy@emsonusa.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement.
10. Non-Discrimination
Residents of certain U.S. states have the right not to receive discriminatory treatment for the exercise of their privacy rights.
11. Verifying Requests
To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. Before completing your request, we may need to verify your identity. Depending on the type of request, we may ask you to provide additional documentation or information, which we’ll only use to confirm your identity. An authorized agent may exercise your opt-out rights on your behalf, so long as we are able to, with commercially reasonable effort, authenticate your identity and the authorized agent’s authority act on your behalf. In addition, we reserve the option to require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make a request on your behalf for which verification is required, we may (1) require you to provide the authorized agent written permission to do so, and (2) require you to verify your own identity directly with us (as described above). Subject to applicable law, we may charge a reasonable fee or refuse to act on a request if the request is excessive, repetitive, or manifestly unfounded.
12. Response Time
If you are a resident of Colorado, Connecticut, Virginia or Utah, we will respond to a request to delete, request to correct or a request to know no later than forty-five (45) calendar days after receipt of the request. If necessary, we may need to take up to an additional forty-five (45) calendar days to respond and, in such case, we will inform you of the reason and extension period in writing.
If you are a resident of Nevada, we will respond to a request no later than sixty (60) calendar days after the receipt of the request. If necessary, we may take up to an additional thirty (30) days to respond and, in such case, we will inform you of the reason in writing.
13. Transfer of Data From Outside The United States
The sale of our products on our Website are intended for purchase by U.S. consumers only. While we strive to protect the privacy of all of our customers, our website may not be compliant with the European General Data Protection Regulation (GDPR). By using our website and purchasing our products, you acknowledge and agree that your personal information may be collected, processed, and stored in the United States, and may be subject to U.S. privacy laws regulations.
The personal and other information that is subject this policy (including the information collected on our Sites from visitors outside the United States) is collected and controlled by Emson in the United States with its principal office located in New York, New York. You agree that your information will be processed in the United States for the purposes described herein. As described above, Emson also may subcontract the processing of your data to, or otherwise share your data with, Emson affiliates, authorized distributors, trusted service providers, and trusted business partners in the United States or countries other than your country of residence. The data protection laws in these countries may be different from, and less stringent than, those in your country of residence. You expressly consent to such transfer and processing.
14. Disputes
Any dispute over privacy is subject to this to our Arbitration Agreement, this Privacy Policy and our Terms & Conditions.
15. Governing Law And Venue
This Privacy Policy shall be governed by and interpreted in accordance with the laws of the State of New York applicable to agreements made and to be fully performed in New York without regard to any choice of law principles or statutes thereof. Any legal proceeding arising in connection with this Agreement shall be submitted to the exclusive jurisdiction of the federal or state courts in New York County and each of the parties hereby waives any defenses or objections based on lack of jurisdiction, improper venue, and/or forum non conveniens.
16. Changes to Our Privacy Policy
We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on our Site and update the notice's effective date. Your continued use of our Sites following the posting of changes constitutes your acceptance of such changes.
17. Communicating With Us
If you have any questions or concerns about this Privacy Policy, please do not hesitate to contact us by:
• Emailing us at Privacy@emsonusa.com
• Mailing us at:
E. Mishan & Sons, Inc.
Attn: Customer Service
230 Fifth Avenue, Suite 800
New York, New York 10001
If you need to access this Policy in an alternative format due to having a disability, please contact Privacy@emsonusa.com.
E. Mishan & Sons, Inc. (“Emson,” “We,” “Our,” or “Us”) takes your privacy seriously.
This Privacy Policy describes the types of information that we may collect or that may be provided by users, customers and individuals (“Users,” “You” or “Your”) when you visit or use our websites, mobile applications, our pages on social networking sites and other platforms, and streaming services or any site of ours or our affiliates that link to this privacy policy (collectively “Site” or “Sites”) and the associated products, services, data, information and materials offered therein (“Services”) and our practices for collecting, using, protecting, sharing, and disclosing personal information.
California residents should refer to our Privacy Policy For California Residents
PLEASE READ THIS PRIVACY 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 SITES. BY ACCESSING OR USING OUR SITES, YOU AGREE TO OUR POLICIES AND PRACTICES. THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME (SEE CHANGES TO OUR PRIVACY POLICY). YOUR CONTINUED USE OF OUR SITE AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK PERIODICALLY FOR UPDATES. BY VISITING OUR SITES, PROVIDING INFORMATION THROUGH OUR SITES, AND/OR PURCHASING A PRODUCT FROM OUR SITES, YOU ARE CONSENTING TO AND ACCEPTING THE TERMS, CONDITIONS AND PRACTICES DESCRIBED IN THIS PRIVACY POLICY.
1. Information We Collect
When we use the term "personal information" in this Privacy Policy, we mean personal information or personal data that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular individual, household or device. Personal information does not include information that has been aggregated or deidentified so that it does not identify a specific individual, household or device. The term also does not include information that is encrypted, secured, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable. Personal information does not include publicly available information.
We may collect personal information when you purchase a product, request a service, request refunds, returns, and exchanges, submit a review, subscribe to communications, respond to a survey, or engage in some other activity on our site. We may ask you for contact information such as your name, address, telephone number, and email address. We may ask you for location information, or it may be automatically provided by your browser or device. If you do not want us to collect location information, you can turn off location services in your browser or device.
We may also obtain data about individuals from third party sources, such as financial information, credit history information from credit bureaus, search term and search result information.
We limit the collection of personal information to what is adequate, relevant, and reasonably necessary to the purposes for which such information is processed.
2. How We Collect Your Information
When you visit or interact with our Sites, we and our third-party contractors and service providers (such as advertising and analytics providers) use technologies including trackers, cookies, pixel tags, web beacons, clear gifs, action tags, and other online tracking technologies (collectively, “online tracking technologies”) to collect personal information including MAC addresses, IP addresses, browser type and version, time zone setting, browser plug-in types, operating systems and platform, device type, and device identifiers, pages visited on our site, referring and exit pages, the dates and times of the visits, and the terms that you use in searches on our Sites. To the extent that these online tracking technologies are deemed to be a “sale” and or “sharing” (which includes targeted advertising, as defined by applicable laws), under certain applicable U.S. state laws, you can opt-out of these online tracking technologies by clicking the “Do Not Sell or Share My Personal Information” link on our Sites or submitting a request as set forth in the Opt-Out Rights section of this Privacy Policy.
We use cookies to help us improve, promote, and protect our services. By using our Sites, you agree to our cookie policy. When you visit our Sites, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the Site the cookie may be read. We use cookies to help us collect the site visitation data described above and in some cases to deliver specialized content. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of our website may use cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. We may use this information for any purpose permitted by law.
Users can control the use of cookies at the individual browser level. If you prefer not to receive cookies on our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. Refusing cookies or turning them off may have unpredictable effects on the functionality of the site.
Our Sites may contain links to other sites. If you use these links, you will leave our Site. When you access a third-party site, even one that may contain our name or logos, please be aware that we do not control the content and we are not responsible for the privacy practices of that site. This Privacy Policy does not cover the information practices of third-party sites linked to our Sites, which are outside of our control.
Our Sites may include social media features such as the Facebook “Like” button, or the “Share This” button. Social media features on this site collect standard information such as your IP address, the page you are visiting on our website, and may use cookies. Social media functions provided by a third party are governed by the Third party’s privacy policy.
3. How We Use Your Information
We may use the collected personal information to fulfill and provide the products, services, or information you request from us, for processing refunds, returns, and exchanges, tracking and confirming orders, marketing and advertising products and services, conducting research and analysis, administering various programs, or for other lawful business purposes. This may include sending information that you have requested, or contacting you about products and services that you have purchased or browsed. We may also share information with affiliates and third parties so that they may contact you by email, postal mail, or phone regarding products, services, promotions, special events, or other subjects that we think might appeal to your interests.
We may combine the personal and other information we receive from one source with information we receive from other sources. For example, we may combine personal information collected through our Sites with other information that we collect about you in other contextsCsuch as our communications with you via email or phone, or your customer service records. We also may combine your personal information with information that we obtain from third parties.
We may employ third parties to perform functions on our behalf including order fulfillment, delivering packages, return processing, sending postal mail and e mail, removing repetitive information from customer lists, analyzing data, conversion of abandoned shopping carts, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and chargebacks, and providing customer service. We engage third-party service providers who provide services such as analytics, web hosting, app development, advertising, marketing and other services to support our operations. We may provide collected personal information to third parties as needed to perform their functions. We may sell, rent, trade, or otherwise share collected personal information with third parties for promotional use. In the past twelve (12) months, we may have not sold personal information to third parties.
We may share personal information with third-party contractors and service providers, and marketing, data, analytics, social media, and advertising companies (like advertising agencies, marketing cooperatives, analytics providers, data brokers, social networks, providers of sponsored content, and others) that may use the information for our, their, and others’ marketing and advertising purposes. We may use streaming services with technology that accesses personal information to provide you with personalized product and services and recommendations. By browsing and using our Sites and Services, you agree that we may participate in and share your information with data cooperatives who may advertise and market our products and services, including the presentation of tailored content and advertisements through our Sites, third-party sites, or email, and for any other lawful purpose. The foregoing may constitute “selling” personal information, as defined by applicable state law. These third parties may track visitors to the Sites or the recipients of our emails and the activities of those visitors and recipients over time, and they may track those visitors and recipients across other websites and online services over time, including for targeted advertising and joint marketing purposes. This may constitute the “sharing” of your personal information for third-party targeted advertising as defined by applicable state law. The personal information used and shared for these purposes includes personal identifiers, personal characteristics, commercial transaction information, website and mobile application usage activity, and inferences we generate about you based on the information we have received. Please visit Your State Privacy Rights to request that we limit this selling or sharing for targeted advertising. The Sites also respond to universal opt-out and privacy control signals as explained in this Privacy Policy. However, the Sites do not respond to Do Not Track signals.
We use information that we collect about you or that you provide to us, including any personal information in any other way we may describe when you provide the information and for any other purpose with your consent.
We may use de-identified data in some instances. We either maintain such data without attempting to re-identify it or treats such data as personal data subject to applicable law.
We may use this information to track system usage, to assist in tracking and analyzing advertising effectiveness, including for email campaigns, to count and recognize site visitors, to personalize your experience, to conduct general analysis and research, to personalize advertising, or for any other purpose permitted by law. We may use this information to improve site administration, provide general statistics, or for any other purpose permitted by law. This information may be linked with other personal information to the extent permitted by law. Our Sites may not be designed to respond to "do not track" requests from browsers.
We may release personal information when required by law, regulation, court order, subpoena or other legal process, or when we believe release is appropriate to comply with the law; to enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of us, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
We reserve the right to sell, share, disclose or transfer your personal information to a successor entity in the event of a corporate sale, merger, acquisition, dissolution, or similar event.
4. Data Security
We have implemented measures designed to safeguard your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information that you disclose or transfer to our Sites. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of personal information that may affect you so that you can take the appropriate actions.
For your own privacy protection, we urge you to keep all passwords confidential. We also recommend that you do not include sensitive information such as passwords, social security numbers or payment information, in any emails that you send to us.
If you become aware of any breach of the terms of this Privacy Policy or of the security of the Services, please notify us by email at Privacy@emsonusa.com and provide us with the full details.
5. Retention of Information
We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.
6. Disclosure of Your Information
We may disclose aggregated information about our users and information that does not identify any individual without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
We may also disclose your personal information:
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms and Conditions.
• If we believe disclosure is necessary or appropriate to protect our rights, property, or safety, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
7. Children Privacy
Our Sites and Services are not designed or intended to be used by anyone under the age of 18. By using our Sites, you certify that you are 18 years old or older. If you are under the age of 18, do not use our Services, or make purchases via the Services, use any interactive features of our Sites, or post or submit any personal information to our Sites. We do not knowingly or intentionally gather personal information about children who are under the age of 18. If a child has provided us with personal information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 18 in the applicable jurisdiction, please contact us Privacy@emsonusa.com. If we learn that we have inadvertently collected the personal information of a child under 18, we will take steps to delete the information and cease the use of that information in accordance with applicable law.
8. Your State Privacy Rights
Certain states have specific legal requirements and grant you other privacy rights with respect to personal information. Depending on where you reside, this section sets out – in a non-exhaustive manner – rights that you may have with respect to your personal information and how you can exercise those rights. We will comply with restrictions and any requests you submit as required by applicable law. If the state in which you reside is not identified, your state may not have additional privacy rights requests at this time.
California Privacy Rights
If you are a California resident, see the privacy rights are described in our CCPA Privacy Policy for California Residents which may be accessed here.
Colorado, Connecticut, Iowa, Oregon, Tennessee, Texas, Virginia and Utah Residents
This section describes rights of that Colorado, Connecticut, Iowa, Oregon, Tennessee, Texas, Virginia, and Utah state residents have regarding requests for and the management of their personal information.
Your state’s data privacy law requirements may not apply to Our Sites due to specific exemptions related to revenue, control, or the processing of personal data of a minimum number of consumers. Please note that if these requirements do not apply to Our Sites, We have the discretion to accept or decline requests to exercise rights under such laws. For further clarification or inquiries about how these laws apply to Our Services, please email Us at Privacy@emsonusa.com.
The following rights do not apply to publicly available information or to de-identified or aggregated information.
• You have the right to confirm whether We are processing Your personal information and to request access to such information. This includes any personal data We collect, use, sell, share, or disclose to third parties. You can receive this information in a readable format.
• You have the right to request deletion of your personal information that we collect about you.
• You have the right to correct inaccurate personal information that we have collected about (CO, CT, IA, OR, TN, TX, VA residents only).
• You have the right to opt-out of the sale* or sharing of your personal information (“Do No Sell or Share My Personal Information”).
• You have the right to limit the use of your sensitive personal information.
• You have the right to appeal our decision regarding any of the rights above (CO, CT, IA, OR, TN, TX, VA residents only).
Subject to the provisions of applicable state law, a request can be made either one or two times every 12 months.
* A definition of “sale” may vary under applicable state law but generally includes sharing information with a third party in exchange for any valuable benefit—monetary or otherwise. Please note that exercising this opt-out will not prevent a sale/transfer of your information to a third party in connection with a merger, acquisition, bankruptcy, or other sale of all or a portion of our assets.
Exercising Your Rights (CO, IA, OR, TN, TX, CT, VA, UT residents)
If Your state’s data privacy laws apply to Our Sites, You or your authorized agent may:
1. exercise Your rights to know, delete or correct, by clicking the following link www.emson.com/datarightsrequest and completing and submitting our Data Rights Request Form.
2. exercise Your rights to opt-out of the sale and sharing of personal information and limit use and disclosure of Your sensitive personal information as follows:
• Clicking “Do Not Sell or Share My Personal Information” in the footer of our site or clicking https://www.emson.com/optout,
• Clicking “Limit Use of My Sensitive Personal Information” in the footer of our site or clicking https://www.emson.com/optout,
• Emailing us at Privacy@emsonusa.com with Opt Out Request in the subject line, and include your full name, e-mail address, and postal address in your message and indicate “Do Not Sell or Share My Personal Information” and/or “Limit Use of My Sensitive Personal Information”.
With respect to the processing of personal data belonging to a known child, a parent or legal guardian of the child may exercise the consumer rights on behalf of the child.
Nevada Residents Privacy Rights
Residents of Nevada have the right to opt out of the “sale” of “covered information” (as defined by Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. If you reside in Nevada, you have the right to submit a request to us by email at Privacy@emsonusa.com. Please include “Nevada Rights Request” in the subject line.
9. Accessibility
Our Sites are designed, developed and maintained with the aim of providing equal access and usability to individuals with disabilities. If you are having difficulty viewing or navigating the content of our Sites, or if you believe that any content, feature, or functionality is not fully accessible to persons with disabilities, please email us at Privacy@emsonusa.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement.
10. Non-Discrimination
Residents of certain U.S. states have the right not to receive discriminatory treatment for the exercise of their privacy rights.
11. Verifying Requests
To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. Before completing your request, we may need to verify your identity. Depending on the type of request, we may ask you to provide additional documentation or information, which we’ll only use to confirm your identity. An authorized agent may exercise your opt-out rights on your behalf, so long as we are able to, with commercially reasonable effort, authenticate your identity and the authorized agent’s authority act on your behalf. In addition, we reserve the option to require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make a request on your behalf for which verification is required, we may (1) require you to provide the authorized agent written permission to do so, and (2) require you to verify your own identity directly with us (as described above). Subject to applicable law, we may charge a reasonable fee or refuse to act on a request if the request is excessive, repetitive, or manifestly unfounded.
12. Response Time
If you are a resident of Colorado, Connecticut, Virginia or Utah, we will respond to a request to delete, request to correct or a request to know no later than forty-five (45) calendar days after receipt of the request. If necessary, we may need to take up to an additional forty-five (45) calendar days to respond and, in such case, we will inform you of the reason and extension period in writing.
If you are a resident of Nevada, we will respond to a request no later than sixty (60) calendar days after the receipt of the request. If necessary, we may take up to an additional thirty (30) days to respond and, in such case, we will inform you of the reason in writing.
13. Transfer of Data From Outside The United States
The sale of our products on our Website are intended for purchase by U.S. consumers only. While we strive to protect the privacy of all of our customers, our website may not be compliant with the European General Data Protection Regulation (GDPR). By using our website and purchasing our products, you acknowledge and agree that your personal information may be collected, processed, and stored in the United States, and may be subject to U.S. privacy laws regulations.
The personal and other information that is subject this policy (including the information collected on our Sites from visitors outside the United States) is collected and controlled by Emson in the United States with its principal office located in New York, New York. You agree that your information will be processed in the United States for the purposes described herein. As described above, Emson also may subcontract the processing of your data to, or otherwise share your data with, Emson affiliates, authorized distributors, trusted service providers, and trusted business partners in the United States or countries other than your country of residence. The data protection laws in these countries may be different from, and less stringent than, those in your country of residence. You expressly consent to such transfer and processing.
14. Disputes
Any dispute over privacy is subject to this to our Arbitration Agreement, this Privacy Policy and our Terms & Conditions.
15. Governing Law And Venue
This Privacy Policy shall be governed by and interpreted in accordance with the laws of the State of New York applicable to agreements made and to be fully performed in New York without regard to any choice of law principles or statutes thereof. Any legal proceeding arising in connection with this Agreement shall be submitted to the exclusive jurisdiction of the federal or state courts in New York County and each of the parties hereby waives any defenses or objections based on lack of jurisdiction, improper venue, and/or forum non conveniens.
16. Changes to Our Privacy Policy
We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on our Site and update the notice's effective date. Your continued use of our Sites following the posting of changes constitutes your acceptance of such changes.
17. Communicating With Us
If you have any questions or concerns about this Privacy Policy, please do not hesitate to contact us by:
• Emailing us at Privacy@emsonusa.com
• Mailing us at:
E. Mishan & Sons, Inc.
Attn: Customer Service
230 Fifth Avenue, Suite 800
New York, New York 10001
If you need to access this Policy in an alternative format due to having a disability, please contact Privacy@emsonusa.com.