My Mosaic Privacy Policy

Effective June 24, 2023

Thank you for using (i) and any corresponding foreign domains, and (ii) our affiliated websites, including https://www. (collectively, “Site”). At MyMosaic, LLC, a California limited liability company (“MyMosaic”), we are committed to protecting your privacy. We have created this privacy policy (“Privacy Policy”) to make sure you know what information we collect and how we use it. By using the Site, you expressly consent to the collection, storage, disclosure, and use of your information as we have outlined in this Privacy Policy, and you agree to the terms and conditions of this Privacy Policy.

We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we make any changes to this Privacy Policy, we will notify you in accordance with our User Agreement. If we make any material changes, we will notify you by email or by means of a notice on this Site prior or concurrent to the change becoming effective. We also encourage you to check back, from time to time, and review this Privacy Policy so that you always will know what personally-identifiable information we collect, how we use it, and to whom we disclose it. Your continued use of the Site will be subject to the then-current Privacy Policy.

We comply with relevant privacy laws, including the California Consumer Privacy Act (“CCPA”). We DO NOT sell “Personal Data” (as defined in the CCPA) to third parties under any circumstances.

EU — U.S./Switzerland-U.S./U.K.-US ​Data Transfers & the General Data Protection Regulation (“GDPR”):
MyMosaic complies with GDPR regarding the collection, use, and retention of personal information transferred from the European Union, United Kingdom and/or Switzerland, as applicable, to the United States. For purposes of Article 14(2) of the GDPR, MyMosaic relies on the following lawful basis for processing Personal Data: consent, compliance with law and legitimate interest. On request, MyMosaic will execute Standard Commercial Clauses.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our third-party dispute resolution provider, (our independent recourse mechanism), JAMS located in the United States and provided at no cost to you. More information can be found here.

If JAMS does not resolve the matter, you may be able to invoke binding arbitration when other dispute resolution procedures have been exhausted. For more information: Privacy Shield website.

• In addition, you can contact the European Data Supervisory Authority with supervision over MyMosaic — The Ireland Data Protection Commissioner; Canal House, Station Road, Portarlington. R32 AP23. For Swiss residents, you can contact the Swiss Federal Data Protection and Information Commissioner (“FDPIC”).
• MyMosaic commits to cooperate with EU data protection authorities (“DPA”) and the FDPIC and comply with the advice given by such authorities regarding human resources data transferred from the EU and Switzerland in the context of the employment relationship.

But first, a note about uploading and posting information on the Site:
At the time you register for a MyMosaic Account, you will choose and provide us with an email address and password. When you upload Content, post a comment or message on the Site, provide information in connection with features such as fan clubs, wish lists, Chats, forums, member profiles, reviews and recommendations, your User name may be visible to other Users.

Additionally, if your comment, Chat, or message contains personally-identifiable information and is posted by you in a page that is accessible to the public, third parties may make note of the information and you may receive unsolicited messages from other parties as a result. Any Content or other information you upload that is visible to third parties may be read, collected, and used by others who access the relevant webpage(s).

What types and categories of information do we collect? Information provided by you:
You may provide us with certain personally-identifiable information when you:

• register for a MyMosaic Account;
• order Products or gift certificates;
• request customer support or send us any other communication;
• sign up for newsletters, MyMosaic Black, email alerts, and special offers;
• enter sweepstakes or contests;
• sign up for, or redeem, special offers;
• respond to surveys; and
• use our Email-to-a-Friend or Refer-A-Friend features.

Personally-identifiable information may include your name, email address, billing address, shipping address, and credit card number. You may also provide us with information about other people, such as their email addresses, if you email a Product to a friend, or refer a friend to the Site or our promotions.

If you are under 16, you may not use the Site.

Information collected by Cookies:
MyMosaic uses cookies on the Site to improve the quality of our Site and services to you. We use cookies for several purposes, in order to offer a fast and safe digital experience, for example, allowing to maintain an active connection during navigation through the Site pages; to store credentials in a safe mode; and to identify the Site pages that have already been visited, in order to prevent them from being proposed again.

A cookie is a small text file that our Site sends to your computer to allow the Site to store information that uniquely identifies our Users. MyMosaic’s cookies do not collect or store personally-identifiable information. Rather, the cookie stores a token that uniquely identifies a particular User at a particular time. That token is then linked to the User information in our secured databases. You can always delete the cookies and reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the Site features and functionality may not be available to you and you may not be able to take advantage of all the features on the Site.

We may work with other companies that place cookies or web beacons on our Site. We do not have access or control over these cookies. These companies help operate our websites and provide you with additional Products and services. They are subject to confidentiality agreements with MyMosaic and other legal restrictions. MyMosaic does not permit any of these companies to collect personally-identifiable information using cookies or web beacons on our Site. Certain functionalities related to the provision of additional Products and services require marketers to share website usage information about visitors to the Site, who have received a targeted promotional campaign, with a reputable third-party advertising company for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. To this end, MyMosaic’s third-party advertising company makes a note of some of the pages you visit on the Site through the use of pixel tags. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here.  Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

Information collected by Web Beacons and Log Files:
MyMosaic collects IP addresses and certain non-personally identifiable information through the use of web beacons and log files. Such information may include your browser type, Site usage, and whether you opened emails you received from us.

Information collected through Product Reviews:
You may choose to submit a Product review. If you post a review, we may ask for certain information to validate your review such as email address, photo, and your city/state/country of residence. If you submit a review, we may publish your geographic location or other anonymous information, but your email address will be kept private.

Additionally, any personally-identifiable information that you submit as part of the review can be read or used by other visitors to the Site. We are not responsible for any personally-identifiable information that you choose to submit as part of your review. We believe you can post a helpful review without disclosing any personally-identifiable information. If you wish to update or delete your testimonial, you can contact us at pr*****@My******.com.

How do we secure your information?
When you place orders or access your Account information, we use commercially reasonable and generally accepted technological safeguards to secure any information we collect about you. The transport layer security software (“TLS“) we use encrypts all information you input before it is sent to us. In addition, your MyMosaic Account information is password-protected for your privacy and security. You should always take steps to protect the confidentiality of the password you select. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you finish using a shared computer.

We operate internationally and many of our computer systems are currently based in the United States. As a result, your personal data will be processed by us (and third parties on our behalf as further described in this Privacy Policy) in the United States where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create a User Account with us, you agree to this Privacy Policy and you consent to the transfer of all information you provide to us in and to the United States.

You may also choose not to provide us with certain information, but that may result in you being unable to use certain features of our Site because such information may be required in order for you to: register as a member; purchase Products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Site.

We work very hard to protect your privacy, but we do not promise, and you should not expect, that your personally-identifiable information or private communications will always remain private. While we use industry-standard precautions to safeguard your personally-identifiable information, we cannot guarantee complete security.

How do we use your information?
We use the personally-identifiable information you provide to:

• provide the features and functionality of the Site;
• fulfill your requests for our Products and services;
• pay Earnings;
• communicate with you about the status of your orders and other inquiries about our Products and services;
• send you information about our products and services;
• for our internal business purposes, such as data analysis, audits and so forth;
• help us create Site content that is most relevant to you; and
• provide notices about the results of sweepstakes, contest, and other promotions.

We use your email address to communicate with you about your Account and to send you certain notification emails. You can change the frequency of those emails in your MyMosaic Account settings.

When you purchase Products from the Site, we may use your email address or other personally-identifiable information to send marketing messages and notifications from time-to-time, whether or not you created an account with us. You may unsubscribe or change the frequency of email notifications on the Account Settings page in “My Account.” If you (i) email a Product to a friend, or (ii) refer a friend to the Site or our promotions, we will use your friend’s email address to send them the e-mail you requested. Your friend’s e-mail addresses will only be used for this purpose, unless permission is otherwise granted. MyMosaic does not store this information. Your friend may contact us at pr*****@My******.com to request that we remove this information from our database.

We use non-personally-identifiable information to monitor the use and performance of the Site so that we can learn more about how people use the Site, which information helps us improve our Products and services and significantly enhance your experience on our Site.

Does MyMosaic disclose the information it collects to outside parties?
We will share your personally-identifiable information with third parties only in the ways that are described in this Privacy Policy. We do not sell your personally-identifiable information to third parties. Generally, MyMosaic does not share personally-identifiable information about you with other people or nonaffiliated companies without your consent except that:

1. MyMosaic provides information to its agents and trusted service providers and contractors for limited purposes, such as fulfilling customer orders and processing credit card transactions; offering certain Products and services; communicating with customers; providing customer service; managing information on our behalf; and enhancing the Site features and functionality. In such cases, we require that these parties agree to use the information solely for the purpose for which we provided it to them and in accordance with our Privacy Policy.
2. If you sign up for a promotion (e.g., a contest or sweepstakes offer) or enroll in a service we offer in partnership with a third party, we may provide information (such as your name, email address, and Account activity) to such third parties.
3. MyMosaic provides its Creators with the first name and city/state/country of residence of MyMosaic customers who have purchased such Creator’s Products. MyMosaic may also release information (including your name, addresses, telephone number, and Account activity) when we, in our sole discretion believe that such release is necessary or appropriate to:

• comply with law;
• comply with subpoenas, warrants, court orders, government investigations, or other legal process;
• enforce or apply the provisions of any of our User Agreement or Policies;
• investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity;
• investigate fraud or similar claims;
• protect the rights, property or safety of MyMosaic, our Users, or others;
• protect our operations; or
• permit us to pursue available remedies or limit the damages that we may sustain.

In the event that MyMosaic is acquired by or merges with another company, MyMosaic reserves the right to transfer, in connection with such acquisition or merger, all information we have collected from our Users. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personally-identifiable information, as well as any choices you may have regarding your personally-identifiable information.

MyMosaic may disclose non-personally-identifiable information to third parties in aggregate form or to potential business partners and investors, in each instance in accordance with GDPR.

MyMosaic will enter into Standard Contractual Clauses (“SCCs”) with such entities, as set forth by the provisions of the GDPR regarding the collection, use, and retention of personal information from entities in the European Union, Switzerland, and the United Kingdom to the United States. If there is any conflict between the terms of this Privacy Policy and the SCCs, the SCCs shall govern.

MyMosaic will obtain assurances from its agents that they will only process the data for the limited and specified purposes consistent with the consent provided by the individual and will safeguard personal information consistently with this Privacy Policy. The assurance may include: a contract binding the agent to provide at least the same level of protection as is required by the relevant Privacy Shield Principles or CCPA, as applicable, being subject to GDPR, or Privacy Shield certification by the agent.

MyMosaic may use third-party service providers to place ads on our behalf across the internet and sometimes on the Site. They may collect anonymous information about your visits to our Site, and your interaction with our Products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a web beacon, which is industry standard technology used by most major sites. If you would like more information about this practice and to know your choices about not having this anonymous information about you used by our third party service providers, please contact us at pr*****@My******.com.

MyMosaic does not differentiate or discriminate between how it treats its end users, whether or not they exercise their rights under the CCPA. This means we do not charge different prices or rates for goods or services, including through the use of discounts or other benefits, imposing of penalties, or providing a different level or quality of goods or services to you, based upon your exercise of rights under the CCPA.

A list of third parties with whom MyMosaic shares information, along with details of how and what information is shared, and such third parties separate privacy policies, is available by contacting us directly at pr*****@My******.com. If you have other inquiries regarding our partners’ privacy practices or how they use your personal information, please contact us directly at pr*****@My******.com.

In addition, MyMosaic is a dynamic marketplace with a great number of branded Products and content. We will offer our users the opportunity to opt-in to receive from our partners emails, notifications of promotions and the like, as offered by such partners. You have the right to decline to opt-in to take advantage of this service.

Social Media Features and Widgets:
Our Site may include social media features, or interactive mini-programs that run on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

Facebook Connect or other OpenID provider:
You may be able to log in to our Site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us, such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Site to your profile page to share with others within your network.

Does this Privacy Policy apply when I access third party websites?
You may be able to access third party websites directly from the Site. However, this Privacy Policy does not apply when you access third party websites. We cannot control how third parties may use personally-identifiable information you disclose to them, so you should carefully review the privacy policy of any third party website you visit before using it or disclosing your personally-identifiable information to its provider.

What about children’s privacy?
Children under the age of 16 may not use the Site.

How can I change, delete, or update my information?
Most of your Account information can be changed in the “My Account” section of the Site. If you have any questions about what information is stored or would like to obtain a copy of such information, please contact us at pr*****@My******.com or Privacy c/o MyMosaic Inc., 3463 State Street #435
Santa Barbara, CA 93105​. After receiving proof of your identity, we will provide the information to you, and you may request that we delete or change any or all of the information. We will respond to your request to access within thirty (30) days of receipt.

We will retain your information for as long as your Account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Unless stated otherwise, our most current Privacy Policy applies to all information that we have about you and your Account.