Earthbound Trading Co. Privacy Policy

Effective Date: January 1, 2023

Last Updated: April 3, 2023

This Privacy Notice (the "Notice") applies to the websites, applications, and electronic communications on which it appears (the "Platform"). The Notice describes how the Earthbound Holding LLC as well as our affiliates and subsidiaries (collectively "Earthbound" or "we" or "us" or "our") uses the Personal Information that we collect, receive, maintain, and store about you. Please read this Privacy Notice carefully, by interacting with us through the Platform you consent to this Notice.

1. Types of Personal Information Collected

   We collect a range of Personal Information. "Personal Information" is information that identifies, relates to, describes, or is reasonably capable of being associated with or linked to an individual. When we combine Personal Information with other information (i.e. information that does not, on its own, identify you), we treat the combined information as Personal Information.

   Contact and Demographic Information – If you sign up for our newsletter, submit an inquiry, or make a purchase we may collect your contact and mailing information. This may include your name, email, address, and phone number. We may also collect your age to verify your ability to purchase our products.

   Order and Payment Information – We use a third-party payment processor to help us facilitate payments. Earthbound does not receive your credit card, debit card or other financial information when you make a payment; such information is provided directly to our payment processor. However, Earthbound does receive information about your purchase and your contact information (e.g. name, email address, mailing address, phone number) and Earthbound will keep a record of your purchases.

   Employment Information – If you apply for employment with Earthbound, we will collect your employment and work history, as well as personal information related to your potential employment. This may include your education and employment history, address and contact information, demographic information, and any other information included in your resume or application.

   Account Information – If you create an account with us, you will provide us with your name, username, and password, and may upload other personal information through our customer portal. We may also collect your browsing, favorite list, and purchase information.

   Location Data – While navigating our Platform your mobile device or browser may share your location data, both through WiFi and GPS. Earthbound will collect this information based on the settings of your phone and browser.

   Usage Information – We may also collect usage and device information when you visit our Platform. This may include information about the browser, operating system, and/or device identifier for the device you are using, your ISP and IP information, your navigation activity on the Platform, as well as the websites that you came from and the site you visit when you leave.

2. Method of Information Collection

   We collect personal information in a variety of ways.

   • We collect information directly from you; for example, when you register an account on the Platform, make a purchase, submit a job application, or correspond with us through the Platform.
   • We also collect information from third parties. For example, we work with business partners, subcontractors in technical and delivery services, advertising networks, analytics providers, and search information providers.
   • We also collect information from you passively. Our Platform uses tracking tools like cookies, pixels, and web beacons. We do this both on our Platform and in emails that we send to you. Through these tools we collect information about users over time when you use our Platform. This collection includes usage and browser information. We may also have third parties collect Personal Information in this way. For more information about the trackers that we use, please see Section 6 of this Notice. Additionally, if you enable location data on your device, this data will be collected passively based on the location settings on your device.

3. Combining Information

   We may combine Personal Information we obtain. For example, we may combine information that we have collected online with information that we have collected offline, for instance during calls between you and our support team. We may also combine information that we have collected across other third- party sites or from other third parties with information we already have. Finally, we combine information across devices.

4. How We Use Personal Information

   We will use your Personal Information to fulfill your purchases and offer our services, respond to your requests and inquiries, as well as to send you communications. We also use your Personal Information to communication with you for transactional purposes. For example, we might contact you about this Notice or our Terms of Use.

   We may also use your Personal Information to improve our Platform, products, and services. This may include using your information to customize your experience with us. We may also use your Personal Information for the security of the Platform and our company, our customers, and other third parties. We may also use your Personal Information to protect against fraud and other malicious activity.

   We may also your information for marketing purposes. For example, we may send you information about new features on the Platform, new services we offer, and special offers. When legally permitted, this may also include using your information to serve you ads and to tell you about products or offers available through third parties we think you might find interesting. These might be our own offers, or third party offers, or products we think you might find interesting.

   If you apply for employment with Earthbound, we will use your Personal Information to process your application; assess your capabilities and qualifications; to conduct reference checks; to respond to your inquiries and communicate with you about your application; and to conduct background checks.

   Finally, we may use your information for other purposes, as permitted by law.

5. Sharing Personal Information

   We may share your Personal Information in the following circumstances:

   • Within Earthbound – We may share your Personal Information within our family of companies.
   • Service providers – When we hire a service provider to help operate the Platform or our business, we may give access to Personal Information as necessary to perform the service for Earthbound. This may include service providers that operate our website and careers website, process payments, send our communications, or run our promotions.
   • Business Partners – Earthbound may share Personal Information to our trusted business partners. For example, we may share your Personal Information with a company when we co-sponsor a promotion or service. These partners may use your information to, among other things, send you information or contact you about their services and products.
   • Third Parties for Marketing Purposes – We may share your Personal Information with third parties for their marketing purposes. This may include third parties whose services we believe you may be interested or who are interested in providing you with services. These third parties may share your information with others and may use this information for their own interest- based advertising.
   • Legal obligation or protection from harm - When Earthbound has a good faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to (a) satisfy or comply with any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of Earthbound, its users, or the public against harm.
   • Merger or sale - If and when Earthbound is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Personal Information may be transferred along with the business. Where legally required we will give you prior notice and if you have a legal right to do so, an opportunity to object to this transfer.
   • Other. We may share Personal Information with third parties and/or service providers when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).

6. Cookies and Other Technologies

   We collect information about users over time on the Platform by using several common types of cookies and other tracking technologies including web beacons, pixels, and flash cookies. We also have third parties that collect information in this way on our behalf and for their own purposes. Cookies are small files that download when you access certain websites. For more information about cookies visit: http://www.allaboutcookies.org/. Web beacons, pixels, and other tracking technologies operate independent of cookies.

   To assist us with analyzing our website traffic through cookies and similar technologies, we use analytics services such as Google Analytics. For more information on Google Analytics' processing of your information, please see "How Google uses data when you use our partners' Platforms or apps." You can opt out of Google Analytics by installing Google's opt-out browser add-on.

   These cookies may be ones placed by us (first-party) or by a third party. These cookies may also be Flash Cookies. To learn how to manage privacy and storage settings for Flash cookies click here. We may use cookies that are session-based or persistent. Session cookies expire when you close your browser or turn off your device. Persistent cookies remain on your device after you close your browser or turn off device.

   We may use a variety of cookies:

   Type of Cookies	Description
   Required	Required cookies are essential for the Platform to function properly and for you to navigate our Site and use its features, such as accessing secure areas of the Platform and using our services.
   Performance	These cookies collect information about how you use the Platform, including which pages you go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies you. All information these cookies collect is aggregated and anonymous. It is only used to improve how the Platform functions and performs.
   Functionality	Functionality cookies allow the Platform to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of the Platform after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.
   Targeting or Advertising	From time-to-time, we may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Platform. We sometimes use cookies delivered by third parties to track the performance of our advertisements. For example, these cookies remember which browsers have visited the Platform. The information provided to third parties does not include Personal Data, but this information may be re-associated with Personal Data after we receive it. By way of example, as you visit the Platform, advertising cookies may be placed on your computer so that we can understand what you are interested in. Our advertising partners then enable us to present you with retargeted advertising on other sites based on your previous interaction with the Platform. We also contract with third-party advertising networks and similar partners that collect IP addresses and other information on our Platform, from emails, and on third-party sites. Ad networks follow your online activities over time by collecting Site Navigational Information through automated means, including through the use of cookies. They use this information to provide advertisements about products and services tailored to your interests. You may see these advertisements on other websites. This process also helps us manage and track the effectiveness of our marketing efforts. Third parties, with whom we partner to provide certain features on the Platform or to display advertising based upon your web browsing activity, use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored.

   
   

   You can control cookies and tracking tools. Some browsers have a "do not track" feature that prevents a website from tracking you, as well as additional cookie settings. Our Platform does not currently respond to these signals. If you choose to block cookies and other trackers, certain features of the Platform may not work. Blocking or rejecting cookies will not stop all of the tracking described in this Notice. These features and options are browser and device specific and are not uniform. You can usually find these settings in the options or preferences menu of your browser. To understand these settings, the following links for commonly used browsers may be helpful, or you can use the help option in your browser for more details:

   • Cookie settings in Internet Explorer
   • Cookie settings in Firefox
   • Cookie settings in Chrome
   • Cookie settings in Safari web andiOS.
   
   

   To find out more on how to manage and delete cookies, visit aboutcookies.org. For more details on your choices regarding use of your web browsing activity for interest-based advertising you may visit the following sites:

   • networkadvertising.org
   • optout.aboutads.info
   • youradchoices.com
   • youronlinechoices.eu
   
   

   On a mobile device, you may also be to adjust your settings to limit ad tracking.

7. Your Choices

   You have certain choices about how we use your Personal Information. You can opt out-out of certain marketing. To opt-out of marketing communications, please email us at privacy@earthboundtrading.com or by following the instructions included in the email or text correspondence. Please note that, even if you unsubscribe from certain correspondences, we may still need to contact you with important transactional or administrative information, as permitted by law.

8. Children Under the Age of 13

   The Platform is meant for adults and we will not knowingly collect personally identifiable information from any person under the age of 13 without permission from a parent or guardian. The Platform are not designed to attract the attention of persons under the age of 13. If you are a parent or legal guardian and think your child has given us information you can email us at privacy@earthboundtrading.com. You can also write to us at the address listed in the "Contact Us" section of this Notice. Please mark your inquiries "COPPA Inquiry."

9. California Residents

   Pursuant to California's Shine the Light statute (Cal. Civ. Code Sec. 1798.83), you can control if we share information with third parties for their marketing purposes. To opt-out of us sharing your information with third parties for such promotional purposes, email us at privacy@earthboundtrading.com or write to us in the "Contact Us" section of this Notice and include "Marketing Opt-Out" in your request.

   In addition, pursuant to the California Consumer Privacy Act of 2018 and as amended by the California Privacy Rights Act ("CCPA"), California residents have certain other rights concerning their personal information. This section describes (1) the categories of personal information collected and disclosed by Earthbound, (2) your privacy rights, and (3) how to exercise your rights.

   When we use the term "personal information" in this section, we mean 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.

   1. Personal Information we Collect.

      Earthbound makes the following disclosures regarding the categories of personal information (enumerated in Section 1798.140(o)(1) of the CCPA) that we have collected within the last 12 months:

      Category of Personal Information	Collected	Category of Source from which Personal Information is Collected	Purpose of Collection	Third Parties to whom Personal Information is Disclosed for a Business Purpose	Third Parties to whom Personal Information is Sold or Shared	Retention Period
      Identifiers	Yes	Directly from you; cookies and other tracking technologies	See section above titled "How We Use Personal Information"	Service Providers	We do not sell this category of personal information. However, we share this category of personal information with third parties for purposes of cross-context behavioral advertising	3 years
      Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))	Yes	Directly from you	See section above titled "How We Use Personal Information"	Service Providers	We do not sell or share this category of personal information	3 years
      Protected classification characteristics under California or federal law	Yes	Directly from you	See section above titled "How We Use Personal Information"	Service Providers	We do not sell or share this category of personal information	3 years
      Commercial information	Yes	Directly from you	See section above titled "How We Use Personal Information"	Service Providers	We do not sell or share this category of personal information	3 years
      Biometric information	No	N/A	N/A	N/A	N/A	N/A
      Internet or other similar network activity	Yes	Cookies and other tracking technologies	See section above titled "How We Use Personal Information"	Service Providers	We do not sell this category of personal information. However, we share this category of personal information with third parties for purposes of cross-context behavioral advertising	Varies depending on the type of cookie collecting this category of Personal Information, but no more than 3 years
      Geolocation data	No	N/A	N/A	N/A	N/A	N/A
      Sensory data	No	N/A	N/A	N/A	N/A	N/A
      Professional or employment-related information	Yes	Directly from you	See section above titled "How We Use Personal Information"	Service Providers	We do not sell or share this category of personal information.	3 years
      Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))	No	N/A	N/A	N/A	N/A	N/A
      Inferences drawn from other personal information	Yes	Internally derived	To conduct analytics and for product development purposes	Service Providers	We do not sell or share this category of personal information.	3 years
      Sensitive personal information	Yes	Directly from you	To process your application for employment with Earthbound	Service Providers	We do not sell or share this category of personal information.	3 years

   2. Your Privacy Rights.

      California consumers may exercise under certain conditions the following four (4) categories privacy rights with respect to their personal information. Please note: you will not be discriminated against in any way by virtue of your exercise of the rights listed below, which means we will not deny goods or services to you, provide a different prices or rates for goods or services to you, or provide a different level or quality of goods or services to you.

      Privacy Right	Description
      Notice	You have the right to be notified of what categories of personal information will be collected at or before the point of collection and the purposes for which they will be used and shared.
      Access	You have the right to request the categories of personal information that we collected in the previous twelve (12) months, the categories of sources from which the personal information was collected, the specific pieces of personal information we have collected about you, and the business purposes for which such personal information is collected and shared. You also have the right to request the categories of personal information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your personal information.
      Erasure	You can request to have your personal information deleted from our servers and we will direct our service providers to do the same. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required to retain your personal information for one or more of the following categories of purposes: (1) to complete a transaction for which the personal information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our website integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law (including free speech rights); (4) to otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
      Correction	You have the right to request that we correct any incorrect personal information that we collect or retain about you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see below), we will correct (and direct any of our service providers that hold your data on our behalf to correct) your personal information from our records, unless an exception applies. We may deny your correction request if (a) we believe the personal information we maintain about you is accurate; (b) correcting the information would be impossible or involve disproportionate; or (c) if the request conflicts with our legal obligations.
      Automated Decision Making	You have the right to request information about the logic involved in automated decision-making and a description of the likely outcome of processes, and the right to opt out. Earthbound does not currently engage in any automated decision- making practices
      To Opt Out of Sales or Sharing of Personal Information	We do not sell your personal information; however, we do "share" your personal information and you have the right to opt out of us sharing your personal information. To exercise this right, please click here and follow the instructions to submit your request.
      Limit Use of Sensitive Personal Information	Earthbound does not use or disclose sensitive personal information other than to facilitate its recruitment operations. However, if we used or disclosed sensitive personal information for other purposes, you would have the right to opt out.

   3. How to Exercise Your Rights.

      If you would like to exercise your rights listed above, please send (or have your authorized agent send) an email to privacy@earthboundtrading.com or call us toll-free at: 844-211-4437. You have a right not to receive discriminatory treatment by any business when you exercise your rights.

      While we take measures to ensure that those responsible for receiving and responding to your request are informed of your rights and how to help you exercise those rights, when contacting us to exercise your rights, we ask you to please adhere to the following guidelines:

      • Tell Us Which Right You Are Exercising: Specify which right you want to exercise and the personal information to which your request relates (if not to you). If you are acting on behalf of another consumer, please clearly indicate this fact and your authority to act on such consumer's behalf;
      • Help Us Verify Your Identity: Provide us enough information to verify your identity. For example, provide us (at a minimum) your full name, address, and phone number. Please note that if we cannot initially verify your identity, we may request additional information to complete the verification process. Any personal information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.
      • Direct Our Response Delivery: Inform us of the delivery mechanism with which you prefer to receive our response. You may specify, for example, email, mail, or through your account (if you have one with us).

      Please note that you don't need to create an account with us in order to make a request to exercise your rights hereunder.

   4. How We Respond to Your Requests.

      We endeavor to respond to requests within 30 days of its receipt, but we are allowed by law to take up to 45 days to respond. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will provide the information to you via your preferred delivery mechanism. If the information is provided to you electronically, we will provide you the information in a portable format and, to the extent technically feasible, in a machine readable, readily useable format that allows you to freely transmit this information without hindrance.

      Please note that we will not charge you for making a request, provided that you make no more than two (2) requests per year. If you make three (3) or more requests in any given twelve (12) month period, we may refuse to respond to such requests, if determined by us to be unfounded or excessive (e.g. repetitive in nature), or we may charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested. If we refuse to act on the request, we will provide you notice and the reason for our refusal to act.

10. Storage, Security and Retention of Information

    Earthbound has taken reasonable steps to protect the information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information. No transmission of information via the Internet can be entirely secure, however, so please always use caution when submitting Personal Information. We will retain your Personal Information in compliance with the uses described in this Notice, as well as to comply with our legal, financial reporting, or compliance obligations.

11. Links to Third Parties and their Sites

    Our Platform may include third party content and links to third party websites and services that collect Personal Information. We do not control these third parties and this Notice does not apply to their privacy practices. We are not responsible for the practices of these third parties or how they use information you provide to them. Please read the third parties' privacy policies carefully.

12. Contact Us

    If you have any questions about this Notice, or the privacy practices of Earthbound, please email us at privacy@earthboundtrading.com or write to us at:

    4051 Freeport Parkway,
    Grapevine, TX 76051

13. Updates

    Please note that this Notice may be amended from time to time. Unless otherwise indicated, any changes to this Notice will apply immediately upon posting to the Platform so please check our site periodically for updates. You can see when this Notice was last updated by reviewing the "Last Updated" legend at the top of this page. We will provide notice of material changes by updating the Notice here, and communicating with you in the manner and format in which we typically communicate with you in our regular course of business, as required by applicable law.