Effective: February [ ], 2021

Welcome to the EARLY RISER brand website (the “Site”) and thank you for reviewing this Privacy Policy (the “Privacy Policy”). EARLY RISER is a brand of Eight O’Clock Coffee Company (“Eight O’Clock,” “we,” “us,” or “our”). Eight O’Clock”) is committed to respecting your privacy. This Privacy Policy sets forth the types of information that may be collected by Eight O’Clock on this Site and offline if you contact us, how Eight O’Clock may use that information, whether we disclose it to anyone, the choices you have regarding our use of the information, and your ability to control our disclosure of it. This Privacy Policy applies to this Site only. It does not apply to other websites owned by Eight O’Clock or to which this Site may link, irrespective of the privacy policies which may govern those other websites or any similarities between those other privacy policies and this Privacy Policy.  Thus, please review this Privacy Policy before submitting any personal information to Eight O’Clock through this Site. By accessing, using or browsing this Site or its services, you signify your acceptance of our Terms and Conditions as well as this Privacy Policy. If you do not agree with our Terms and Conditions or this Privacy Policy, you may not use our Site.

For California residents, please see the section at the end of this Privacy Policy entitled Important Additional Privacy Information for California Residents (the “California Section”), which discusses the categories and specific pieces of personal information that we collect from California residents, how we use that information, and California residents’ rights with respect to the personal information we collect. If any other section in this Privacy Policy can be read to conflict with the California Section, then the California Section controls with respect to California residents.

We may collect information about you from the following sources:
(i) information that you voluntarily and knowingly supply to us (e.g., through a registration process, sign-ups, or other interaction with the Site); (ii) information that is derived through automated tracking mechanisms; and (iii) information that we obtain from other entities.

The type of information, including personal information, that we obtain from you depends on your interaction with our Site and services. For example, we collect the following information from you when you take these actions on our Site:

• Place an Order: We collect biographical information, such as your name, billing address, shipping address, and payment information. We also collect commercial information, such as your purchase history, and your preferences, based on what you purchase from us.

• Create an Account: You may choose to create an account on our Site. If you do so, we collect your email address and/or user name and password. In your account, we also will maintain information about the orders placed, as described above.

• Customer Service: If you contact us for customer service purposes (either through our Site or by calling us), we will collect your name, email address, and the reason for contacting us.

• Entering a Contest or Sweepstake: We collect your name, contact information, and any other information that you choose to include on the form.

• Promotions: If you participate in a promotion, we will collect name, contact information, and any other information that you choose to include on the form. If you are an account holder, we may note in your account that you participated in a promotion.

As you navigate through and interact with our Site, Eight O’Clock may (itself or through service providers) automatically collect certain technical information, such as the type of Internet browser or computer system you are using or your internet protocol (“IP”) address (a number assigned to your computer when you browse the Internet), the date and time of your access to the Site, and your browsing actions and patterns. We do not typically associate this information with your account, but we may do so on occasion, for example, to determine when you logged into your account and/or for troubleshooting purposes. We use this information to:

 

• Estimate our audience size and usage patterns;

• Store information about your preferences, allowing us to customize our Site according to your individual interests;

• Speed up your searches; and

• Recognize repeat visitors to the Site for analytical purposes.

We also may use these technologies to collect information about your online activities over time and across nonaffiliated websites or other online services. You may be able to “opt out” of the collection of any information through cookies or other tracking technology associated wth our third-party service providers such as Google Analytics, Facebook Custom Audience, and Criteo by managing them on your own equipment, browser or mobile device. However, if you decide not to accept such tracking technology from us or from our third-party vendor’s or partner’s cookies, your ability to use some features on our website may be impaired.

We also collect information about you from the following sources;

• Your Friends: If your friends purchase a gift for you, including under any “Refer a Friend” (or similar) programs we may sponsor from time to time , then we obtain your name and shipping information.

• Data Analytics Providers: As stated above, we engage service providers to assist us in evaluating use of our Site. Although we typically do not associate the information that we receive from the analytics providers with you, we may do so in order to create customized or demographic targeted marketing or advertising communications.

We use the information that we maintain about you, including your personal information, for the following purposes:

• For transactional purposes, such as to process product orders submitted by you, communicate with you about the orders, and process payments and refunds;

• For marketing and advertising purposes , such as to communicate with you about our products and services and those of our subsidiaries, affiliates, and parent companies that may be of interest to you;

• For administrative purposes, such as to register you for, or notify you that you are a winner of, a sweepstakes, contest or other promotion; to assist you with managing your account and passwords; for technical support; to manage our inventory; to help us better understand how our customers access and use our Site, including the pages viewed, ad impressions clicked, or other Site activity; to maintain security and operability of our Site (including for debugging purposes); to provide reports to prospective partners, service providers, regulators, and others; to implement and maintain security, anti-piracy, fraud prevention, and other services designed to protect you and us; to enforce this Policy, our Terms of Use, and other policies;

• For customer service purposes, such as to respond to your queries and requests;

• To undertake, with your consent, any other promotional activities such as providing information about special events;

• To build our contact database;

• For research and analytics, such as for internal market analysis, such as identification of trends and measuring the amount of traffic to our Site; to improve our Site, products, and customer experience; to understand what parts of our Site are most popular or to improve upon our Site; to understand our customer demographics; and for other research and analytical purposes.

• Deliver target advertising and coupons.

• Legal compliance: to comply with applicable legal or regulatory obligations, including to respond to a subpoena or court order; to cooperate with law enforcement or other governmental investigations; and as part of legal proceedings.

• Protection of us and others: where we believe it is necessary to protect us and others, including, without limitation to detect, prevent, and respond to fraud, security incidents, or other issues where we believe it is appropriate to protect us and others.

 

The Site is maintained outside the United States of America . If you are located in the United States of America please be aware that any information you provide to us will be transferred outside the United States. By using the Site, participating in any of our services, and/or providing us with your information, you consent to this transfer. Eight O’Clock may from time to time share your personal information with its affiliates and trusted service providers who assist us in providing services to users of this Site, including, but not limited to:

(i) the development or improvement of our products, services or Site; (ii) the administration of a sweepstakes, contest or other promotion; (iii) advertisers and marketers, including ad networks; (iv) suppliers and distributors of our products; (v) order and credit card processing as well as for order fulfillment; (vi) email distribution services; (vii) website management; and (viii) third party services providers as individually identified in this Policy

Additionally, to comply with legal requirements, cooperate with law enforcement, prevent fraud and other crimes, and protect the legal rights of Eight O’Clock and others, there are circumstances in which we may share the personal information we collect on this Site without notifying you when we, in good faith, believe disclosure is necessary: to comply with the law or regulatory requirement; to comply with a subpoena, court order, or other legal process; to cooperate with law enforcement or other governmental investigations (without necessarily requiring the law enforcement or government agency requesting the information to formally serve us with a subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce a contract; or to protect the legal rights, property or safety of Eight O’Clock, our subsidiaries, affiliates, officers, directors, agents, and employees, independent contractors, licensors, suppliers, partners, successors, agents, and other users or the public in general or to protect your vital interests. We also reserve the right to report to appropriate law enforcement or government agencies any activities that we, in good faith, believe to be unlawful without providing notice to you.

If we merge or are combined with any other organization, or if we transfer assets or operations to another organization or company, we may disclose the information we collect from you, including personally identifiable information, to third parties in connection with such sale, merger, restructuring, reorganization, dissolution or transfer of all or some of our business, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which information held by Eight O’Clock about our Site users is among the assets transferred.

If we collect personally identifiable information from you, you will receive notice when this information might be provided to any third party for any reason other than as set forth in this Privacy Policy, and you will have an opportunity to request that we not share such information.

Please write to us at Eight O’Clock Coffee Company, Consumer Services Department, 5901 West Side Avenue, North Bergen NJ, 07047-6451 or contact by phone at 1-800-299-2739 if you have any comments or questions about this Privacy Policy or to report any violations of the Privacy Policy. We will endeavor to respond to you within 24 to 48 hours in most cases.

If you wish for us to opt-out from receiving marketing and promotional material , please go to the “Click here to unsubscribe” link on Early Riser Coffee. You may also contact us at 1-800-299-2729 to submit such requests. In either case and consistent with legal requirements, we will make good faith efforts to confirm what personal information we hold about you, update your information, and/or correct any inaccuracies in such personal information in order to fulfill your specific opt out request for such marketing and promotional material. We may decline to process a request that is unreasonable, jeopardizes the rights or privacy of others, is impractical (for example, if such information is necessary to process orders you have made with us), or for which access is not otherwise required. We will process your request within a reasonable time after receipt.

In addition, your ability to opt-out from receiving marketing and promotional material does not change our right to contact you regarding your use of the Site or changes to our Privacy Policy, Terms and Conditions of Use statement or other policy or terms that affect you and your use of the Site.

The security of your personal information is very important to us. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have industry standard measures in place to safeguard and secure information and data we collect through the Site. However, it is important that you understand that due to the inherent open nature of the Internet, no website or database is completely secure or “hacker proof” and we cannot guarantee that the information you submit through the Site or the information stored on the Site or our servers, will be completely free from unauthorized access by third parties.

Eight O’Clock, from time to time, may provide links to a variety of providers that may offer content, services and e-commerce. Eight O’Clock may or may not have a formal relationship with such linked sites. Such third-party sites should have their own privacy policies, which we recommend you review prior to interacting with such site. This Privacy Policy applies only to the personal information collected through this Site and you agree that Eight O’Clock has no liability with respect to such third-party sites, their information collection, or privacy practices.

We do not intend to collect personal information from anyone who is under the age of 13. If you are under the age of 13 you should not use this Site or provide any personal information to us. If you are a parent or guardian of a child under the age of 13 and suspect he/she has provided personal information to us, you may contact us at Eight O’Clock Inc., Consumer Services Department, 5901 West Side Avenue, North Bergen NJ, 07047-6451 or by phone at 1-800-299-2739, and we will take reasonable steps to delete such information.

This Privacy Policy may be updated, modified, revised or changed from time to time at the discretion of Eight O’Clock and without prior written notice by posting the revised version of this Privacy Policy on this Site. If, at some point in the future, there is a change to our Privacy Policy, unless we obtain your express consent, such changes will only apply to information collected after we have posted the revised Privacy Policy. We recommend that you periodically review this Privacy Policy for changes. Your continued use of the Site following any such change, including the submission of any personal information, constitutes your voluntary agreement that all personal information collected from or about you from this Site after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy.

This Privacy Policy is governed under the laws of New Jersey without regard to its conflict of law provisions.

Under the California Consumer Privacy Act (“CCPA”), we are required to provide certain information to California residents about how we handle their personal information that we have collected, whether online or offline. For purposes of this section of our Privacy Policy, and per the CCPA, “personal information” is broadly defined to include any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, including the categories identified in the table below to the extent they identify, relate to, describe, are capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household.

 

The table below discloses the categories of personal information, as defined by CCPA, about California consumers that we have collected, sold or disclosed, and the business purposes with respect to same, within the past 12 months. For more information about the business and commercial purposes for which we collect, us, sell or disclose personal information, please review the above sections of our privacy policy: Information that You Provide to Us; Information Collected Automatically; How We Use Your Information; Sharing Information. Since this section also includes offline data, this section may be broader than the disclosures set forth above.

Categories of personal information Last Updated: December 2, 2020	Collect?	Disclose for business purpose?	Sell?
Identifiers such as a real name, alias (if provided by consumer), postal address, unique personal identifier (such as email or handle), online identifier, Internet Protocol address, mail address, account name.	YES	YES	NO
We collect this information when you contact us for customer service purposes. If you make a purchase through our website (only available for certain brands), we also will collect this information to fulfill your purchase.	NO	NO	NO
Telephone number, medical information, signature, physical characteristics or description, education, employment, financial information, or health insurance information (but not information about personal health matters and, if any, only such information relating to company employees).	YES	NO	NO
Characteristics of protected classifications under California or federal law such as age and geographic location for purposes such as promotional activities, and potentially race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information to the extent provided by a company employee or applicant.	YES	NO	NO
Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES	YES	NO
Biometric information.	YES	NO	NO
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.	YES	YES	NO
Geolocation data.	YES	YES	NO
Audio, electronic, visual, thermal, olfactory, or similar information. For example, if you call our customer service line, your call may be recorded for quality assurance and customer service purposes.	YES	YES	NO
Professional or employment-related information. If you are a representative for your company, we may collect information about your position with your employer (e.g., that you are a sales manager, or applying for employment with the company).	YES	NO	NO
Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99), except where a consumer discloses as part of an employment application.	NO	NO	NO
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES	NO	NO

 

Sources of Personal Information. As further described in the discussion about Information that You Provide to Us and Information Collected Automatically, we may collect personal information from the following sources: directly from you; advertising networks; data analytics providers; social networks; internet service providers; operating systems and platforms; your friends; and government entities.

Do We “Sell” Personal Information? Under the CCPA, a “sale” includes disclosing or making available personal information to a third-party in exchange for monetary compensation or other benefits or value. Although we do not “sell” personal information to third parties in exchange for monetary compensation, we may disclose or make available certain categories of personal information to third parties in order to receive certain benefits or services, such as when we make browsing information available to third party ad companies (through third party tags on our Site) in order to improve and measure our ad campaigns and reach users with more relevant ads and content.

As defined by the CCPA, we may “sell” certain categories of personal information as follows:

• Usage Data and Identifiers to advertising networks and data analytics providers

• Customer Records to advertising networks and data analytics providers

• Name, Contact Information and Other Identifiers to marketing partners who may contact you about products and services that may be of interest to you.

Please also note that if we are engaged in a corporate transaction, we may disclose your information as part of that transaction. The CCPA does not consider such disclosure to be a sale.

Requests for Copy, Deletion and Right to Know. Subject to certain exceptions, California consumers have the right to make the following requests, at no charge, up to twice every 12 months:

Deletion: the right to request deletion of their personal information that we have collected about you, subject to certain exemptions (such as where the information is used by us to detect security incidents, debugging or to comply with a legal obligation).
Copy: the right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months.
Right to Know: the right to request that we disclose certain information about how we have handled their personal information in the prior 12 months, including the:

• categories of personal information collected

• categories of sources of personal information

• business and/or commercial purposes for collecting and selling their personal information

• categories of third parties/with whom we have disclosed or shared their personal information

• categories personal information that we have disclosed or shared with a third party for a business purpose

• categories of third parties to whom the consumer’s personal information has been sold and the specific categories of personal information sold to each category of third party

Submitting Requests. You can exercise your rights by sending an email to: ccpa@tataconsumer.com or by calling us at 1-800-299-2739 or leave a request on the Contact Us form. We will respond to your Copy and Right to Know requests within 45 days, unless additional time (up to 45 more days) is needed, in which case we will let you know.

Verification. When you submit your request, we will take steps to attempt to verify your identity. We will seek to match the information in your request to the personal information we maintain about you. As part of our verification process, we may ask you to submit additional information, use identity verification services to assist us, or if you are registered customer, we may ask you to sign in to your account as part of our identity verification process. Please understand that, depending on the type of request you submit, to protect the privacy and security of your personal information, we will only complete your request where we are satisfied that we have verified your identity to a reasonably degree of certainty.

Authorized Agents. The CCPA allows California consumers to designate an authorized agent to exercise their rights under CCPA. Authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.

Financial Incentives. We may make available certain programs or offerings that are considered “financial incentives” under the CCPA.

Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to ccpa@tataconsumer.com In your request, please attest to the fact that you are a California resident and provide a current California address.

If you have questions about our privacy practices or would like to make a complaint, please contact us at ccpa@tataconsumer.com.