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Privacy Policy - May 7, 2020

NPR Coffee Club Privacy Policy

This privacy policy (the "Privacy Policy") sets forth the data protection and privacy practices and procedures of Counter Culture Coffee, Inc., a North Carolina corporation, ("Company"), and applies to the URLhttps://nprcoffeeclub.org/, and associated social media and related digital accounts owned by the Company (collectively, the "Coffee Club Sites”).

Please take the time to review all terms of this Privacy Policy. By using the Coffee Club Sites, including, without limitation, by participating in the Coffee Services, you agree to accept the terms of this Privacy Policy. If at any time you do not agree to the Privacy Policy, please do not use the Coffee Club Sites.

California residents have specific rights that are described below and may vary from the rights of other residents.

TYPES OF INFORMATION COLLECTED AND HOW IT IS USED

Through the use of the Coffee Club Sites, the Company markets coffee and related products directly to consumers, and offers consumers the opportunity to create a personal account with the Company (the "Account") and to take advantage of the various products and/or services, including, without limitation, the opportunity to purchase coffee and related products.  The sale and delivery of orders purchased by consumers will be executed and fulfilled solely by Company.

Personal Information

Although many areas of the Coffee Club Sites do not require registration and may be accessed by you without you having to disclose any personal information, when using the Coffee Services and or other aspects of the Coffee Club Sites, we or our third party providers may collect and use the following categories of information, some or all of which may be considered personal information:

(a)

Identifiers and other personal information such as your name, date of birth, billing address, shipping address, email address, telephone number, account number, password, Internet Protocol address, and credit/debit card information.

(b)

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

(c)

Internet or other network activity, including browsing history, search history, geolocation data, referring and exiting links, such as information concerning your interaction with the Coffee Club Sites and their content and the devices you use to interact with the Coffee Club Sites.

(d)

Sensory data, such as audio recordings of our telephone calls with you, and other electronic or similar information.

(e)

Inferences drawn from other personal information, such as a profile reflecting your preferences in coffee and related merchandise, your purchases and delivery methods, and any of your other preferences that you share with us.

We collect personal information from you when you voluntarily provide it directly to us and directly from you or indirectly from a browser or mobile device when you engage in activities on the Coffee Club Sites. We also receive personal information from our Brand Partner (NPR) and third party providers and share personal information with such sources.

We may use the personal information we collect for various commercial and business purposes, including to:

(a)

create your Account;

(b)

create a shopping cart and/or process your orders placed in connection with the Coffee Services;

(c)

register a Coffee Club membership;

(d)

contact you, for example, if there is an issue with any orders placed through our Coffee Services or your Coffee Club membership;

(e)

send you email communications, and/or newsletters you have requested;

(f)

respond to questions or other requests;

(g)

inform you of new products, services, promotions, and offers and those of our Brand Partner (NPR) through email, postal mail, telephone or other means;

(h)

contact you with respect to your use of the Coffee Club Sites or changes to the Privacy Policy or other Company policies;

(i)

make available, administer, and improve the Coffee Club Sites and the content, features and services provided by the Coffee Club Sites, as well as customer service;

(j)

update, supplement and maintain the accuracy and completeness of our information;

(k)

use for our internal business purposes;

(l)

send you other notices in order to comply with applicable laws and regulations;

(m)

verify your age;

(n)

to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred;

(o)

manage your contact preferences and requests, including requests concerning how we use and share your data;

The personal information that you directly provide to us to create your Account will be available for viewing by visiting the Coffee Club Sites and entering your personal log-in information that you create when registering your Account. By creating an Account, you may also utilize the "Dashboard" feature of your Account, which tracks your order history, status of pending orders, favorites, preferences, credits, and Coffee  Club memberships. 

If you ever use a public computer to access the Coffee Club Sites, we strongly encourage you to log out at the conclusion of your session. We may permit you to log into your Account via social networks, but please note that by doing so, your use of a social network will be governed by such social network's privacy policy and terms and conditions. Please remember that it is your responsibility to protect the confidentiality of your login and password data.

 

 

 

Information Collected through Cookies and Similar Technology

When you visit the Coffee Club Sites, we may also collect information from you including, without limitation, website usage information about how our visitors use and navigate the Coffee Club Sites, including the number and frequency of visitors to each web page, the duration of their stays, the visitor's browser and operating system, the domain name of each visitor's Internet service provider, and certain other information (e.g., clickstream data). We may share this information with our brand partner and third party providers or to audit our Coffee Club Sites.

We and our third party providers may also collect certain information automatically, including through the use of cookies, web beacons and other technologies. We use "cookies" (i.e., small pieces of information placed on your computer hard drive) on certain parts of the Coffee Club Sites. Cookies allow websites to remember user activity and visits to a site. We use cookies on the Coffee Club Sites to determine the number of unique visitors we host on the Coffee Club Sites over any given period of time,  and to keep track of items placed in the "shopping cart" during a visit to the Coffee Club Sites. You can program your computer to disable cookies on your computer by indicating this in the preferences or options menus in your browser. However, by blocking all cookies you may not have access to certain features on the Coffee Club Sites.

We and our third party providers may also use "pixel tags" (sometimes called "web beacons" or "clear gifs"), which are tiny graphic images, on the Coffee Club Sites. Pixel tags help us analyze users' online behavior and measure the effectiveness of the Coffee Club Sites and our advertising and marketing. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no personal information. 

We may also track certain information about the identity of other Sites before coming to the Coffee Club Sites. Cookies, pixel tags, and/or other analytical tools in our emails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.

We may combine the information collected through cookies, pixel tags, action tags and other analytical tools with other information we may have collected from you. This information may be used to improve the Coffee Club Sites, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes.

WITH WHOM INFORMATION MAY BE SHARED

Consistent with this Privacy Policy, we may disclose your personal information to our Brand Partner (NPR) and third party providers for the business purpose of helping us: (i) bring you the products and services we offer; (ii) create, operate and maintain the Coffee Club Sites; and (iii) with specialized services such as payment processing, shipping, mail and e-mail distribution, mobile messaging, website(s) hosting, monitoring, analytics, promotions management, survey taking and mobile payment processing. 

We work with National Public Radio, Inc. (the “Brand Partner”) in connection with the creation and operation of a co-branded coffee club, what are promoted by us and our Brand Partner. We disclose only the personal information required to make this particular coffee club work and to support your membership with them, which typically includes your name and/or email address, as well as information regarding the purchases you make through the coffee club. We disclose this information to our Brand Partner under an agreement that acknowledges that your personal information is subject to this Privacy Policy. NPR may use your information, including personal information,  regarding the purchases you make related to the Coffee Services or use of the Coffee Club Sites, and disclose your information including personal information regarding your purchase to its Member stations and service vendors in accordance with the terms of NPR’s separate privacy policy located atprivacypolicy.npr.org, as that policy may be updated from time to time. NPR’s Member stations may use this information for internal purposes and to send you marketing, fundraising, membership and other communications. NPR’s and Member stations’ service vendors may use this information to provide services on behalf of NPR and its Member stations.

If you do not wish to receive marketing, promotional, or other communications from our Brand Partners, you must contact them directly.

We may sell, transfer or otherwise disclose your information, in connection with a corporate merger, consolidation, the sale of all or substantially all assets or of a business group, or other corporate change of the Company.

We may disclose your information when legally required to do so at the request of governmental authorities conducting an audit or investigation, or to verify or enforce compliance with the policies governing the Coffee Club Sites and applicable laws, rules, and regulations. We may use and disclose your information whenever we believe disclosure is necessary to limit our legal liability or to protect or enforce the rights, interests or safety or that of the Company, Coffee Club Sites, you or others.

The Company may use and share aggregated and anonymous information with no restrictions consistent with applicable law.

 

CHANGING YOUR PREFERENCES; OPT-OUT

You may opt out of your subscriptions to receive marketing mailings or e-mail communications from the Company at any time by (a) following the instructions to "opt-out" of future marketing communications contained within the direct mailing, or e-mail, that you receive from the Company, or (b) by sending us an email or writing to us at the addresses listed below under the heading entitled "Contact Information." Please allow up to ten (10) business days for changes to take place. During that time, you may continue to receive such communications from us that were already in process.

If you do not receive a response from us to any emails you send to us within ten (10) business days, please send us another email as your original email may not have been received.

You can opt out of accepting cookies or disable them from your browser. The "help" function on most browsers contains information on how you can set your browser to notify you before accepting cookies or can disable them entirely. If you opt out of cookies, you will not be able to take advantage of various NPR features of the Coffee Club Sites that are available to other users. For example, we may use cookies to recognize you by name when you return to a Coffee Club Sites so you don't have to login again and provide your password.

LINKS TO OTHER SITES AND CONTENT ACCESSIBLE THROUGH THE COMPANY SITES

Our Coffee Club Sites may include links to other websites whose privacy practices may differ from ours. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with the Coffee Club Sites or for the privacy practices of third parties. If you submit personal information to any of those websites, your personal information is governed by the privacy statements of those websites. We encourage you to carefully read the privacy statement of any website you visit.

SECURITY

While the Company strives to secure your personal information, even reasonable security measures do not guarantee the security of any information you transmit via the internet, including to the Company. The Company cannot guarantee that information it seeks to protect will be protected under all circumstances, including those beyond its reasonable control.You acknowledge and agree that you transmit information to the Company via the Coffee Club Sites at your own risk.  

LINKS TO OTHER SITES AND CONTENT ACCESSIBLE THROUGH THE COMPANY SITES

OurCoffee Club Apps and Sites may include links to other websites whose privacy practices may differ from ours. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with theCoffee Club Apps and Sites or for the privacy practices of third parties. If you submit Personal Information to any of those websites, it is governed by the privacy statements of those websites. We encourage you to carefully read the privacy statement of any website you visit.

MINORS

The Coffee Club Sites are directed to adults aged eighteen (18) or older.We do not knowingly collect personal information from individuals under eighteen (18) years of age. 

CONSENT TO TRANSFER

The Coffee Club Sites are located in the United States. Your personal information will be processed and shared in the United States. Your data will also be processed in Canada and accessed from the United States. Data protection and privacy regulations in the United States may provide different levels of protection compared with non-United States jurisdictions. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Coffee Club Sites or providing us with your information, you consent to this transfer.

 

MODIFICATIONS

The Company may modify this Privacy Policy from time to time. Unless you inform us otherwise, we will use your information consistent with the Privacy Policy currently in effect. It is your responsibility to review any such changes or updates and check the Coffee Club Sites from time to time to be sure you understand all terms and conditions, agreements and policies of the Coffee Club Sites and are in compliance with them. Your continued use of the Coffee Club Sites following the posting of any amendment, modification or change shall constitute your acceptance thereof.

CALIFORNIA PRIVACY RIGHTS

This section governs the rights of California residents. In the event of a conflict between this section and another section of this Privacy Policy, this section shall govern.

Rights and Choices for California Residents

The California Consumer Privacy Act ("CCPA") provides California residents with specific rights regarding their personal information. This section describes California residents' CCPA rights and explains how to exercise those rights. If you are a resident of a state other than California, we may respond to requests in ways that differ from responses that are required only under California law.

To make such a request, please call, send us an email or write to us at the addresses listed below under the heading entitled "Contact Information."

We have not sold or disclosed any personal information from you related to the NPR Coffee Club in the 12 months prior to the effective date of this NPR Coffee Club Privacy Policy.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months or as of the effective date of this Privacy Policy. Once we receive and confirm your verifiable request via the Contact Information provided below, we will disclose to you:

(a)

The categories of personal information we collected about you.

(b)

The categories of sources for the personal information we collected about you.

(c)

Our business or commercial purpose for collecting or selling that personal information.

(d)

The categories of third parties with whom we share that personal information.

(e)

The specific pieces of personal information we collected about you.

(f)

The categories of your personal information that we disclosed for a business purpose.

(g)

The categories of your personal information that we sold.  

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception provided by law applies. For instance, under the law, we may deny your deletion request if retaining the information is necessary for us or our service providers to:

(a)

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

(b)

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

(c)

Debug products to identify and repair errors that impair existing intended functionality.

(d)

Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

(e)

Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

(f)

Comply with a legal obligation.

(g)

Make other internal and lawful uses of your personal information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to at the Contact Information provided below.

Only you or a person you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. 

To verify your identity, we may request you provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Our processes for verifying requests include matching identifying information that we already have on record to provide services to the customers.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We will acknowledge receipt of your request within 10 days. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right Not to Sell or Share Personal Information

You have the right to opt-out of us selling your personal information to third parties as defined under applicable law. To make an opt-out request and to find additional information concerning your right to opt-out, click on this link:Do not sell my personal information.  You may also contact us through the Contact Information provided below.

Non-Discrimination for Exercising CCPA Rights

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

(a)

Deny you goods or services.

(b)

Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

(c)

Provide you a different level or quality of goods or services.

(d)

Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

NON-CONFIDENTIAL INFORMATION

We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

 

 

ASSIGNMENT

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder.

DISPUTES

Excluding any disputes with our Brand Partner or regarding its privacy policy any other disputes regarding this Privacy Policy are subject to our Terms & Conditions, including that this Privacy Policy will be governed by the laws of the State of North Carolina, applicable to agreements made and performed in North Carolina, and the Dispute Resolution Policy therein. Any disputes with our Brand Partner or regarding its privacy policy which will be subject to our Brand Partner’s privacy and dispute resolution policies.  BOTH OUR AND OUR BRAND PARTNER’S  DISPUTE RESOLUTION POLICIES INCLUDES A REQUIREMENT THAT ANY DISPUTES BE SUBMITTED TO ARBITRATION (NOT TO A COURT OR A JURY) AND A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. SeeLink to Terms & Conditions  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE TERMS & CONDITIONS MAY NOT APPLY TO YOU.

CONTACT INFORMATION

If you have any questions or comments about our Privacy Policy, or would like to review or update the PERSONAL INFORMATION that you have provided to us or make a request under applicable law, please contact us at:

Email: npr@counterculturecoffee.com

Phone: 888-238-5282

Business Hours:

Monday-Friday

8am-4:30pm ET

Mail: Counter Culture Coffee

Attn: Customer Service

812 Mallard Avenue

Durham, NC  27701

EFFECTIVE DATE OF POLICY

This Privacy Policy is effective as of April 15, 2020.

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