MDG California Consumer Privacy Act Privacy Notice

Applicable to California Residents Only

Effective Date: January 1, 2020

Last Updated: January 1, 2020

Thank you for choosing MDG (“MDG,” “us,” “our,” or “we”).  If you are a California Resident, the California Consumer Privacy Act (“CCPA”) provides you with certain rights. This CCPA Privacy Act Privacy Notice provides a description of our online and offline practices regarding the collection, use, disclosure, and sale of your personal information (as defined below, and in our general Privacy Policy), and your rights as a consumer as it relates to your personal information. If you are not a California resident, you can skip this document.

This CCPA Privacy Notice for California residents supplements the information contained in our general Privacy Policy , and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”).  We adopt this policy to comply with the CCPA and other applicable California Privacy laws. Any terms defined in the CCPA have the same meaning when used in this policy.

PLEASE READ CAREFULLY THIS NOTICE, AND ALL OTHER NOTICES DESCRIBED ABOVE, WHICH IS PART OUR PRIVACY POLICY BEFORE YOU PROVIDE PERSONAL INFORMATION TO US VIA THE WEBSITE.

ACCESSING, DOWNLOADING OR OTHERWISE USING THIS WEBSITE (“WEBSITE” OR “SITE”) INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THIS CCPA PRIVACY ACT PRIVACY NOTICE, AND THE PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THIS CCPA PRIVACY ACT PRIVACY NOTICE, DO NOT ACCESS, DOWNLOAD OR OTHERWISE USE THIS WEBSITE. You acknowledge (a) that you have read and understood this CCPA Privacy Act Privacy Notice; and (b) this CCPA Privacy Act Privacy Notice shall have the same force and effect as a signed agreement.

1. PERSONAL INFORMATION WE COLLECT

1.1 Personal Information

“Personal information” is information that identifies you personally, either alone or in combination with other information available to us. Examples of personal information include your name, address, email address, credit card information, and the information you provide when you make a purchase, including but not limited to, banking information.

1.2 Personal Information Does Not Include

Personal information does not include publicly available information that is lawfully made available to the general public from federal, state or local government records.

1.3 How MDG Obtains Your Personal Information

1. Information You Give to Us

We collect the personal information that you knowingly and voluntarily provide when you use this Site. For example, we collect the information you provide when you request information about products or services, purchase a product or service, contact us regarding a purchase, or enter a contest or promotion. This information may include your name, shipping/billing address, email address, phone or mobile phone number, credit card information, banking information, Social Security number, age, date of birth, gender, purchase/return/exchange information, occupation, and information used to verify your identity or for fraud prevention purposes. Whether you provide such information is completely your own choice.  If you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on this Site.

Supplemental Information

To serve you better, we may combine information you give us by shopping our Website with the information we collect through this Site. We may also supplement the information we collect through this Site with information that is publicly available such as information based on your address, zip code or information you submit in a public forum (for example, a blog, chat room, or social network). We may also supplement the information we collect through this Site with information we receive from or cross-reference with our Marketing Partners (see below). We may also collect information regarding payment on your Credit Account issued by Bank Partner.  When you apply for credit on this Site, personal information may be obtained about you from credit bureaus. To learn about the ways we protect your privacy in association with your Credit Account issued by Bank Partner, see Bank Partner’s Privacy Disclosure Notice and our MDG Consumer Privacy Notice.

Information Sent to Us By Your Web Browser

We collect information that is sent to us automatically by your Web browser. This information typically includes the IP address of your Internet service provider, your IP-based geographic location, the name and version of your operating system, the name and version of your browser, the date and time of your visit, the pages you visit and the web address you came from. Please check your browser if you want to learn what information your browser sends or how to change your settings. This information sent to us by you Web browser does not identify you personally.  If, however, you have created a user identity on one of your visits to this Site (for example, by making a purchase), we may link the information provided by your browser to information that identifies you personally and use it for the purposes described below. In addition, we may review our server logs for security purposes, such as detecting intrusions into our network. If we suspect criminal activity, we may share portions of our server logs – which contain visitor’s IP addresses – with the appropriate investigative and/or law enforcement authorities who may use that information to trace and identify individuals.

Information Collected Using Cookies and Similar Technologies

We use “cookies” and similar technologies, such as Web beacons (also referred to as “GIF files,” “pixels,” or “action tags”), to collect information and support certain features of this Site. For example, we may use these technologies to:

• collect information that may include which pages you visit, which web address you came from, which links you use, and how long you stay on each page, the type of browser/device/hardware you are using, purchase and checkout process, search terms you use an IP-based geographic location;
• support the features and functionality of this Site – for example, to track the items you add to your shopping cart or to track your order;
• customize your Site experience and our advertising and marketing to you including MDG marketing presented on another website or mobile application;
• save you the trouble of re-entering information already in our database or to prompt the settings you established on your previous visit(s) to this Site;
• personalize your shopping experience;
• manage and determine the effectiveness of our advertising and marketing efforts including how you respond to our advertising and marketing efforts;
• provide site security and or fraud prevention purposes.

Generally, the information we collect using the Web technologies does not identify you personally. If, however, you have created a user identity, for example, by applying for credit, we may link the information we collect using Web technologies to other information that identifies you personally.

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You may also delete cookies as soon as you leave a site. Although you are not required to accept our cookies when you visit this Site, if you set your browser to reject cookies, you will not be able to use all of the features and functionality of this Site.

Information Collected by Third Party Advertising and Marketing Consultants

Third Party Advertising and Marketing Consultants use cookies, web beacons and other Web technologies to collect certain information about visitors to this Site for interest-based advertising also known as online behavioural advertising (OBA). As a result, third-party advertising and marketing companies may display on-line advertising for MDG or other companies to you on this Site and on other websites. The information these third party advertising and marketing consultants collect and use includes non-personally identifiable information (for example, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and personally identifiable information (for example, IP address).

Social Media Widgets

This Site includes social media features, such as the Facebook Like button, Google Plus, Pinterest, Twitter widgets, among other social media widgets. These features may collect information about your IP address and which page you are visiting on our Site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with those features are governed by the privacy policies of the companies that provide them.

1.4 How MDG Uses Your Personal Information

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

• to provide the products, information and services you request;
• for security, credit or fraud prevention purposes;
• to provide you with effective customer service;
• to provide you with a personalized experience when you use this Site;
• to display personalized advertising when you visit this Site;
• to contact you with special offers and other information we believe will be of interest to you (but only with your permission);
• to contact you with information and notices related to your use of this Site;
• to invite you to participate in surveys and provide feedback to us;
• to invite you to participate in and administer sweepstakes and contests; to better understand your needs and interests;
• to improve the content, functionality and usability of this Site;
• to improve our marketing and promotional efforts; and
• for any other purpose identified in an applicable privacy notice or other agreement between MDG and you.

1.5 Who MDG Shares Your Personal Information With for a Business or Commercial Purpose

1. Service Providers

We share personal information with companies and organizations that perform services on our behalf, for example, companies that provide support services to us (such as payment processing services, data storage services, and web hosting services) or that help us market our products and services (such as third-party email marketing companies). These third parties are required by contract to use the personal information we share with them only to perform services on our behalf and to take commercially reasonable measures to protect the confidentiality and security of your personal information.

With Our Marketing Partners

From time to time we may establish a business relationship with third parties who we believe trustworthy.  These are known as our “Marketing Partners”.  In such cases, we may share and cross-reference information, including some personal information about you, so that our Marketing Partners can contact you regarding products and services that may be of interest to you. If you do no want us to share your personal information with our Marketing Partners, you may “opt-out” at any time using one of the methods described below.

Business Changes

If we become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all of substantially all our business otherwise changes, we may transfer your information to a third party or parties in connection therewith.

With Our Affiliates

We may share the personal information we collect through this Site with our affiliates for purposes consistent with CCPA Privacy Act Privacy Notice.  Our affiliates will be required to maintain that information in accordance with this CCPA Privacy Act Privacy Notice.

Compliance with Laws and Protection of Our Rights and the Rights of Others

We may disclose information about you to third parties if we believe that such disclosure is necessary to:

• Investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, the rights, reputation, safety, and property of us, users or others, or violations of our policies or other agreements with us;
• Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
• Respond to claims and legal process (for example, subpoenas); and/or
• Protect against legal liability.

As Described in a Privacy Notice

We reserve the right to disclose your personal information as described in any Privacy Notice posted on the web page (or area) where you provide that information. By providing your personal information on that Web page you will be consenting to the disclosure of your personal information as described in that Privacy Notice.

As Described in Any Other Agreement Between You and MDG

We reserve the right to disclose your personal information as described in any click-through agreement or any other agreement between you and MDG.

1.6 Personal Information We Have Collected About and From Consumers Within the Last 12 Months

In general, we collect the following personal information about and from consumers in the past 12 months:

CATEGORY	EXAMPLES	COLLECTED (Yes/No)	SOURCES OF COLLECTED PERSONAL INFORMATION	BUSINESS OR COMMERCIAL PURPOSE FOR SHARING (Section 1.4 above)	CATEGORY OF THIRD PARTIES
Identifiers	A real name, alias, postal address, unique personal identifier, Internet Protocol address, email address, account name, Social Security Number, passport number, or other similar identifiers	Yes	You, your activity on this Site, or from vendors and third parties	See Section 1.4 above	Our lending partners, service providers and third parties
Personal Information	A 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, or health insurance information.  Some personal information included in this category may overlap with other categories	Yes	You, your activity on this Site, or from vendors and third parties	See Section 1.4 above	Our lending partners, service providers and third parties
Protected Classification Characteristics Under California or Federal Law	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)	Yes	You, your activity on this Site, or from vendors and third parties	See Section 1.4 above	Our lending partners, service providers and third parties
Commercial Information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies	Yes	You or venders and third parties	See Section 1.4 above	Our lending partners, service providers and third parties
Biometric Information	Genetic, psychological, behavioural, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep health, or exercise data	No	N/A	N/A	N/A
Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a website, or advertisement	Yes	You or venders and third parties	See Section 1.4 above	Our lending partners, service providers and third parties
Geolocation Data	Physical location or movements	Yes	Vendors and third parties	See Section 1.4 above	Our lending partners, service providers and third parties
Sensory Data	Audio, electronic, visual, thermal, olfactory, or similar information	Yes	You or vendors and third parties	See Section 2.3 above	Our lending partners, service providers and third parties
Professional or Employment Related Information	Current or past job history or performance evaluations	Yes	You or vendors and third parties	See Section 1.4 above	Our lending partners, service providers and third parties
Non-public Education Information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)	Education 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	No	N/A	N/A	N/A
Inferences Drawn from Other Personal Information	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes	No	N/A	N/A	N/A

1.7 Sale of Personal Information

We do not and will not sell your personal information. We do not and will not sell the Personal information of minors under 16 years of age without affirmative authorization.

2. YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT 2018

2.1 The Right to Know About Personal Information Collected, Disclosed, or Sold

As a California consumer, you have the right to make a verifiable request to know about the personal information we collect, disclose, and sell about you (the “Right to Know”).  As part of your Right to Know, you may ask MDG to provide you with:

1. specific pieces of personal information we have collected, disclosed, and sold about you in the past 12 months; or
2. the categories of personal information we have collected, disclosed, and sold about you in the past 12 months.  

We will confirm receipt of your verifiable request for the Right to Know within 10 days. We will try to respond to your request within 45 days. The 45-day period will begin on the day we receive your verifiable request. If necessary, we may take an additional 45 days to respond to your verifiable request, for a maximum of 90 days total – if the added 45-day period is needed, we will provide you notice that includes an explanation of why the extension is required.

You may make a verifiable request either through our Website or by telephone by calling us at 1-800-906-0975.  To make a verifiable request:

• Website: Please use the following link and fill out the form with the information requested.
• telephone: If you wish to make a verifiable request via the telephone, please call us at 1-800-906-0975.

Under the CCPA, we also have the right to deny your request if we cannot verify your identity. By exercising your Right to Know, we will ask you to provide personal information in order to verify whether you are submitting your request. Once you submit your request with the information requested, we will match your information you provided to our internal records. If you requested that we provide you with specific pieces of information about you, and we are unable to verify your identity, we will evaluate your request as if you requested disclosure of categories of personal information about you. If you requested categories of personal information about you and we are unable to verify your identity, we will direct you to our general Privacy Policy and this CCPA Privacy Notice.

We are not obligated to fulfill a verified request for the Right to Know to the same California consumer more than twice in a 12-month period.

2.2 The Right to Request Deletion

As a California consumer, you have the right to make a verifiable request that we delete any personal information about you which we have collected or maintained (the “Right to Delete”). As part of the Right to Delete, you may ask for MDG to delete personal information we have collected and maintained about you from our records and direct any of our service providers to delete your personal information from their records.

We will confirm receipt of your verifiable request for the Right to Delete within 10 days. We will try to respond to your request within 45 days. The 45-day period will begin on the day we receive your verifiable request. If necessary, we may take an additional 45 days to respond to your verifiable request, for a maximum of 90 days total – if the added 45-day period is needed, we will provide you notice that includes an explanation of why the extension is required.

You may make a verifiable request either through our Website or by telephone by calling us at 1-800-906-0975.  To make a verifiable request:

• Website: Please use the following link and fill out the form with the information requested.
• telephone: If you wish to make a verifiable request via the telephone, please call us at 1-800-906-0975.

Under the CCPA, we also have the right to deny your request if we cannot verify your identity. By exercising your Right to Delete, we will ask you to provide personal information in order to verify whether you are submitting your request. Once you submit your request with the information requested, we will match your information you provided to our internal records. If we are unable to verify your identity, we will inform you and shall treat your request as a request to Opt-Out of Sale (described below).  Further, the CCPA allows for businesses to exercise a number of exceptions to verifiable request to delete.  If we deny your request to delete, we will provide you correspondence describing that we cannot comply with your request and include any statutory and regulatory exceptions.  

2.3 The Right to Opt-Out of the Sale of Personal Information

The CCPA provides you with the right, at any time, to opt-out of the sale of your personal information.  MDG does not and will not sell your personal information.  We do not and will not sell the personal information of minors under 16 years of age without affirmative authorization.

2.4 The Right to Non-Discrimination

We cannot discriminate against you because you exercised your rights under the CCPA.  You have a right not to receive discriminatory treatment by MDG for the exercise of your privacy rights conferred by the CCPA.

2.5 Authorized Agent

The CCPA allows you to use an “Authorized Agent” (defined below) to exercise your Right to Opt-Out, and to submit verified requests to exercise your Right to Know and your Right to Delete.  An “Authorized Agent” is a natural person or a business entity registered with the California Secretary of State that you authorized to act on your behalf, subject to certain requirements.  To obtain an Authorized Agent, you must, at a minimum, provide express written permission granting the Authorized Agent the ability to exercise your rights.  

If you would like to use an Authorized Agent to exercise your rights under the CCPA, you must satisfy the following requirements:

• The Right to Know and the Right to Delete: If you are an Authorized Agent, you must submit your client’s verifiable request for the Right to Know and/or Right to Delete either through the following link or by mail by sending your request and required information to MDG USA Inc., 3422 Old Capitol Trail, PMB# 1993, Wilmington, DE 19808.  We will require you to submit proof of the written permission from your client showing they granted you the ability to exercise their CCPA rights on their behalf.  You, as the consumer must (1) provide an Authorized Agent written permission to exercise your Right to Know and Right to Delete, and (2) you must verify your identity directly with us.

• The Right to Opt-Out: We will deny a request from an Authorized Agent if they do not submit the express written permission granting them the ability to act on your behalf.

If you are an Authorized Agent, you must submit your client’s request for the Right to Opt-Out either through the following link or by mail by sending your request and required information to MDG USA Inc., 3422 Old Capitol Trail, PMB# 1993, Wilmington, DE 19808.  We will require you to submit proof of the written permission from your client showing they granted you the ability to exercise their CCPA rights on their behalf. Note: MDG does not and will not sell personal information.  We do not and will not sell the personal information of minors under 16 years of age without affirmative authorization.

3. CHANGES TO CALIFORNIA CONSUMER PRIVACY ACT PRIVACY NOTICE

We reserve the right to amend this CCPA Privacy Act Privacy Notice at our discretion and at any time.  When we make chances to this CCPA Privacy Act Privacy Notice, we will notify you by email or through a notice on our website homepage.

4. CONTACT INFORMATION

If you have questions about this policy or our privacy practices, please email us at support@mdg.com and write “Privacy” in the subject line or write us at:

MDG USA INC.
3422 Old Capitol Trail, PMB# 1993
Wilmington, DE  19808
Attention: Privacy and Security