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Upton Tea Imports Privacy Policy

Effective June 10, 2022

Thanks for visiting our Privacy Policy! Upton Tea Imports provides a variety of Services which may include but are not limited to operating the https://www.uptontea.com websites, mobile sites and/or apps (the “Site”, “Sites”, “Website”, or “Websites”), and offering products for sale. We take the privacy and information of our users (our “Valued Customers”) very seriously. To that end, we have this Privacy Policy that describes how we collect, receive, use, store, share, transfer, and process the personal information you provide on our Websites, as well as personal information we may receive from third parties. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information. You acknowledge that this Privacy Policy is part of the Website's Terms of Use and you agree that using this Site signifies your assent to Upton Tea's Privacy Policy.

We reserve the right to modify this Privacy Policy, and our Terms of Use at any time and without advance notice, so please review it frequently. If we make material changes to this Policy, we will endeavor to notify you here, by email, or by means of a notice on our home page prior to the change becoming effective. If you do not agree to abide by this Privacy Policy and our Terms of Use please immediately exit the Site and stop using the Services.

The terms used in this Privacy Policy have the same meanings as in our Terms of Use , unless otherwise defined in this Privacy Policy.

If you are a resident of California, please see the Rights of California Residents section below. Any terms defined in the California Consumer Privacy Act (the “CCPA”) (Cal. Civ. Code Section 1798.140) have the same meaning when used in the Rights Under the California Consumer Privacy Act (the “CCPA”) section below.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.


What We Collect

We collect the following personal information from you:

  • Contact Information such as name, email address, mailing address, and phone number
  • Billing Information such as credit card number and billing address
  • Unique Identifiers such as Valued Customer name, account number, and password

  • We also collect the following information from you:

  • Information about your business such as company name, company size, and business type
  • Demographic information such as zip code

  • We use this information to:

  • Fulfill your order
  • Send you an order confirmation
  • Send you requested product or service information
  • Respond to customer service requests
  • Administer your account
  • Send you a catalog
  • Send you a newsletter
  • Send you marketing communications
  • Administer contests and sweepstakes you entered and notify you if you won
  • Respond to your questions and concerns

  • If you choose to send a product to a different recipient, we will also collect that person's name, shipping address, phone number, and email address. We store this information for the sole purpose of completing your order and will not use this collected third party information for any other purpose. That different recipient may contact us at cservice@uptontea.com , or any of the other methods provided in this Privacy Policy, to request that we remove this information from our database.


    Information Sharing

    We will share your personal information with third parties only in the ways that are described in this Privacy Policy. We will not share your information with third parties for a purpose that is materially different from the original purpose(s) without your consent.

    We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us. We share personal information with third party marketing partners for commercial purposes. You may request that your personal data not be shared with third parties by emailing Customer Support at cservice@uptontea.com.


    How does Upton Tea safeguard my personal information?

    Upton Tea has implemented a variety of security measures to maintain the safety of your personal information. Upton Tea has implemented internal policies and controls to restrict access to your information to employees who have special secured access rights. When you place orders or access your personal information, your session will take place on a server utilizing security access controls. All sensitive/credit information supplied by you is transmitted via Secure Socket Layer (SSL) technology and securely stored in Upton Tea's database. However, no method of transmission over the Internet or method of electronic storage is 100% secure.. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can contact us at cservice@uptontea.com.



    Does Upton Tea provide a way to update or remove personal information?

    Upon request, Upton Tea will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. Upton Tea provides a "My Account" feature on our Website that allows you to modify, delete, and/or remove most of your personal information. This page can be accessed by clicking the “My Account” link at the top and bottom of every page on the Site, by emailing our Customer Support at cservice@uptontea.com or by contacting us by telephone or postal mail at the contact information listed below. We will respond to your request to access within 10 business days. For information regarding further rights related to California, EU/EEA, or UK residents see the additional sections below.


    How does Upton Tea use my email address?

    Your e-mail address is used to create and identify your account on Upton Tea Website. Your e-mail address is also used by Upton Tea to correspond with you about any orders that you may place or to notify you with the results of any contests you may have entered. We may also use your e-mail address to notify you about important functionality changes to the Website, new tea products and special offers or promo code coupons that we think you'll find valuable.

    If you would rather not receive this information, or would like to opt-out of receiving email of this kind, simply click on the "Unsubscribe" link that appears at the bottom of any email and follow the simple instructions to have your email address removed from the list of Valued Customer who receive notices of new functionality, services, special offers, newsletters, and promotions. You may also unsubscribe from this kind of email by visiting our unsubscribe page and entering your email address.


    Tracking Technologies

    We, Upton Tea and our partners, use technologies such as cookies or similar technologies to analyze trends, administer the Website, track Valued Customer’s movements around the Website, and to gather demographic information about our Valued Customer base as a whole. Valued Customers can control the use of cookies at the individual browser level. Please note that if you choose to disable cookies, it may limit your use of certain features or functions on our Website. We use third parties to improve our ability to identify visitors to our Website.  As part of this service, we may make available identifiers to these third parties including our visitors’ IP addresses, cookies, hashed versions of email addresses, and/or certain HTTP header fields captured from your visit.  We, and third parties, use this information to obtain more information about our visitors and reach out to them through other channels, such as email, direct mail, digital, and/or other marketing channels. You have the right to opt-out of this activity.  To opt-out, please email Valued Customer Services cservice@uptontea.com.

    Upton Tea uses a number of analytics tools for the purposes of marketing and improving the services. Be advised that choosing to opt-out may impact your ability to use some of the services where those tools are directly necessary for said services. Below is a list of general opt out tools which can opt you out of a wide variety of tracking and behavioral targeting across the internet, and an additional list of specific opt out tools certain companies offer for their own tracking, such as Google and Facebook.


    General Opt Out Tools

  • https://thenai.org/opt-out/
  • https://optout.networkadvertising.org/
  • https://optout.aboutads.info/

  • Specific Opt Out Tools

  • https://www.wunderkind.co/privacy/opt-out-of-data-processing/
  • http://dev.lsdirect.com/my-personal-information/
  • https://www.facebook.com/off_facebook_activity/
  • https://tools.google.com/dlpage/gaoptout

  • Log Files

    As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.


    Behavioral Targeting/Retargeting

    We partner with a third party ad network to either display advertising on our Website or to manage our advertising on other sites. Our ad network partner uses cookies and web beacons to collect non-personally identifiable information about your activities on this and other websites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here (or if located in the European Union, click here ). Please note this does not opt you out of being served advertising. You will continue to receive generic ads.


    Widgets

    Our Website includes widgets, which are interactive mini-programs that run on our Site to provide specific services from another company (e.g., displaying the news, opinions, music, etc.). Personal information, such as your email address, may be collected through the widget. Cookies may also be set by the widget to enable it to function properly. For instance, our Site may allow social media platforms, such as Facebook®, Twitter®, and Pinterest® to host plug-ins or widgets on our Website. These social media platforms' data collection and handling practices are defined by those platforms, and not by this Website. Information collected by these widgets is governed by the privacy policy of the company that created it, and not by Upton Tea or this Privacy Policy.


    Links to 3rd Party Sites

    Our Site includes links to other websites whose privacy practices may differ from those of Upton Tea. For example, we allow social media platforms, such as Facebook®, Twitter®, and Pinterest® to host “share,” “like,” or similar buttons that collect data on our Website. These social media platforms' data collection and handling practices are defined by those platforms, and not by this Website. If you submit personal information to any of those sites, your information is governed by their privacy policies, and not by Upton Tea 's Privacy Policy. We encourage you to carefully read the privacy policy of any website you visit.


    Blogs

    Our Website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blogs, contact us at cservice@uptontea.com or through our contact page.


    How can you remove your name from our direct mail or email list?

    To have your email address removed from our list of addresses that receive information about new products, service, sales, and promotions, simply click on the "Unsubscribe" link that appears at the bottom of any email and follow the simple instructions. Alternatively, if you have created an account with Upton Tea, you can also remove your email address from our list of addresses that receive information about new products, service, sales, and promotions by unchecking "Email Me" while placing your next order. You may also unsubscribe from our email list by visiting our unsubscribe page and entering your email address.

    PLEASE NOTE: It can take up to 8 days to process this request so you may get another email from us. Thank you in advance for your understanding.


    How to Unsubscribe from Upton Tea's Direct Mail (Physical Mail) Program:

    Visit our contact page and send a message to our Tea Consultant. Please include your name and mailing address. You may also request to be removed by calling (800) 234-8327.


    Data Retention

    We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at cservice@uptontea.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements. For information regarding further rights related to California, EU/EEA, or UK residents see the additional sections below.


    Legal

    In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

    If Upton Tea is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.


    Children's Privacy

    We are a general audience site, and we do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is under age 13, we will promptly delete any personal information in that user’s account.

    We also do not knowingly collect personal identifiable information from children under 13. If we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information or is using our Website without your supervision or consent, please contact us so that we will be able to take the necessary actions.

    While we use external services which may store IP addresses for the purpose of maintaining site security and blocking hacking attempts, we do not collect or store any associated personal information and have no way of connecting said data to any specific person, such as a child under the age of 13.


    Rights of California Residents


    Compliance With California Online Privacy Protection Act.

    Neither Upton Tea, nor our Website, respond to Web browser “do not track” signals or other mechanisms that provide Valued Customer with the ability to exercise choice regarding the collection of personally identifiable information about a Valued Customer's online activities over time and/or across third-party websites or online services. To the best of our knowledge, no third parties outside this Privacy Policy are collecting personally identifiable information about your online activities over time and across different websites when you use this Website.


    Compliance With California “Shine the Light” Law.

    Once your opt-out request is processed, we will not disclose your personal information to third parties for those third parties' direct marketing purposes. To opt-out, please contact cservice@uptontea.com.


    Rights Under the California Consumer Privacy Act (the “CCPA”)

    California law requires businesses to disclose information regarding the rights of California residents pursuant to the CCPA. Any terms defined in the CCPA (Cal. Civ. Code Section 1798.140) have the same meaning when used in this section.


    You may request that we disclose to you the following information covering the preceding 12 months:

  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information was collected;
  • The business or commercial purpose for collecting or selling personal information;
  • The categories of third parties with which we share personal information;
  • The categories of personal information about you that we have sold and the categories of third parties to which the personal information was sold;
  • The categories of personal information about you that we have disclosed for a business purpose and the categories of third parties to which the personal information was disclosed;
  • The specific pieces of personal information we have collected about you.

  • Right to Know Requests

    You may request the disclosure of the information listed above by calling (800) 234-8327 or submitting a request to cservice@uptontea.com. Such a request may be referred to as a right to know request. Pursuant to California law, we will verify your identity before complying with any such request.


    Right to Delete Requests

    You have the right to request that we delete any personal information about you that we have collected from you, and that we direct any service provider to delete such personal information from its records. Such a request may be referred to as a request to delete. However, pursuant to the CCPA, your information may not be deleted under certain circumstances, including where maintenance of your personal information is necessary to: complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, to provide a good or service that you requested or that is reasonably anticipated within the context of your ongoing business relationship with us, or to otherwise perform a contract between us and you; to detect security incidents, protect against or prosecute fraudulent or illegal activity; to enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; to comply with a legal obligation; or to otherwise use your information internally in a lawful manner that is compatible with the context in which you provided the information. For more information about these and other situations in which we may not delete your information, please see Cal. Civ. Code Section 1798.105(d).

    You may request the deletion of your information by calling (800) 234-8327 or submitting a request to cservice@uptontea.com. Before deleting your personal information, we will verify your identity, as required by the CCPA.


    Right to Opt-Out Requests

    You have the right, at any time, to direct us not to sell your personal information. This right may be referred to as the right to opt-out. You may opt-out of the sale of your personal information by calling (800) 234-8327or submitting a request to cservice@uptontea.com. If we have a good faith, reasonable, and documented belief that a request to opt-out is fraudulent, we may deny the request. You may use an authorized agent to submit a request to opt-out on your behalf. To do so, you must provide the agent with written authorization. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.


    Authorized Agents

    You may use an authorized agent to submit a right to know, right to opt-out, or a right to delete request. To use an authorized agent, you must provide the agent with written authorization. In addition, you may be required to verify your own identity with us. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf. Such requirements, however, will not apply where you have provided the agent with power of attorney pursuant to Cal. Prob. Code Sections 4000 to 4465.


    Upton Tea Personal Information Collection Practices

    In the preceding 12 months, we have collected the following categories of personal information about California residents from the following sources and for the following purposes. The CCPA requires that we refer to specific categories of personal information enumerated in the CCPA. We may collect only certain pieces of personal information described in a given category and may not collect certain pieces of personal information described in each category.

    In addition to the below, we do not and will not sell the personal information of minors, of whom we have actual knowledge are under the age of 16, without affirmative authorization (known as “opt-in”).

    Category of Personal Information Collected Category of Source of Collection Business or Commercial Purpose of Collection
    Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers. We collect this information directly from consumers both online and in-store and from marketing companies Marketing; Processing customer requests and transactions; Website optimization; Digital and Print Advertising
    Categories of personal information described in subdivision (e) of Cal. Civ. Code Section 1798.80. (any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her 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, medical information, or health insurance information.) We collect this information directly from consumers both online and in-store and from marketing companies Marketing; Processing customer requests and transactions; Website optimization; Digital and Print Advertising
    Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We collect this information directly from consumers both online and in-store and from marketing companies Marketing; Processing customer requests and transactions; Website optimization; Digital Advertising
    Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website, application, or advertisement. We collect this information directly from consumers online Marketing; Processing customer requests and transactions; Website optimization; Digital Advertising
    Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes. We collect this information directly from consumers both online and in-store and from marketing companies. Marketing; Processing customer requests and transactions; Website optimization; Digital Advertising

    In the preceding 12 months, we have sold the following categories of personal information about California residents to the following categories of third parties


    CATEGORY OF PERSONAL INFORMATION SOLD CATEGORY OF THIRD PARTY TO WHICH PERSONAL INFORMATION DISCLOSED
    Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers. Marketing providers
    Categories of personal information described in subdivision (e) of Cal. Civ. Code Section 1798.80. (any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her 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, medical information, or health insurance information.) Marketing providers
    Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Marketing providers
    Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. N/A

    In the preceding 12 months, we have disclosed for a business purpose the following categories of personal information about California residents to the following categories of third parties (to the extent the disclosure was made to a third party).


    CATEGORY OF PERSONAL INFORMATION DISCLOSED FOR A BUSINESS PURPOSE CATEGORY OF THIRD PARTY TO WHICH PERSONAL INFORMATION DISCLOSED, TO THE EXTENT DISCLOSED TO A THIRD PARTY
    Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers. Marketing providers
    Categories of personal information described in subdivision (e) of Cal. Civ. Code Section 1798.80. (any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her 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, medical information, or health insurance information.) Marketing providers
    Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Marketing providers
    Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website, application, or advertisement. Marketing providers
    Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes. Marketing providers

    We will not discriminate against you because you exercised any of your rights under this section, including, but not limited to, by:

  • Denying goods or services to you;
  • Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  • Providing a different level or quality of goods or services to you; or
  • Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

  • However, we may charge you a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by your data. In addition, we may offer financial incentives, including payments to you as compensation, for the collection of personal information, the sale of personal information, or the deletion of personal information. We will notify you of such financial incentives. We will enter you into a financial incentive program only if you give us prior opt-in consent which clearly describes the material terms of the financial incentive program, and which may be revoked by you at any time. We will not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.


    Rights of EEA/EU and UK Residents

    Upton Tea respects the privacy rights of EU and UK residents, and has several processes in place to address those rights. This section will outline your rights and Upton Tea's practices and policies related to those rights. To see a list of what personal data we collect, how we collect it, and how we use it, please see the chart above.

    First and foremost, Upton Tea complies with the provisions and requirements of the General Data Protection Regulation (“GDPR”), and will comply with UK GDPR as it continues to develop. We process your data according to the principles of GDPR Article 5:

  • Lawfulness, fairness, and transparency;
  • Limitation of processing to legitimate purposes;
  • Data minimization;
  • Accuracy;
  • Limitation on time period of storage;
  • Integrity and confidentiality.

  • Second, with respect to international data transfers subject to GDPR, Upton Tea does have some limited situations where data is transferred internationally. This usually arises where an international Valued Customer purchases products from us. In those situations, Upton Tea relies on a combination of the EU-U.S. Privacy Shield Framework, of which we certify our compliance with, and where appropriate, other tools and safeguards such as the utilization of the EU/EAA Standard Contractual Clauses and any UK equivalents (“Safeguards”). Upton Tea is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework's applicable Principles, and in conjunction with additional Safeguards as appropriate. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List.

    Upton Tea is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequent transfers to a third party acting as an agent on its behalf. Upton Tea complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions, and performs those transfers subject to additional Safeguards as appropriate.

    With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Upton Tea is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Upton Tea may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Under certain conditions, more fully described on the Privacy Shield Website , you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

    Finally, Upton Tea does not engage in automated decision making or profiling in relation to the personal data it collects and/or processes.


    Rights of EU and UK Residents Under GDPR

    Upton Tea would like to make sure you are fully aware of all of your data protection rights. Valued Customer's who reside in the EEA/EU or UK have the legal right to request the following:

  • The right to access - You have the right to request The Upton Tea for copies of your personal data. We may charge you a small fee for this service.

  • The right to rectification - You have the right to request that The Upton Tea correct any personal information you believe is inaccurate. You also have the right to request Upton Tea to complete the personal information you believe is incomplete.

  • The right to restrict processing - You have the right to request that Upton Tea erase your personal data, under certain conditions.

  • The right to object to processing - You have the right to object to The Upton Tea’s processing of your personal data, under certain conditions.

  • The right to data portability - You have the right to request that The Upton Tea transfer the data that we have collected to another organization, or directly to you, under certain conditions.

  • If you want to exercise any of your rights, or have any questions or concerns about how we process your data, you can contact us at cservice@uptontea.com, and we will address your requests and concerns in compliance with the applicable privacy laws. If you make a request, we have one month to respond to you.


    Legal Basis

    Where Upton Tea processes your data, it does so on a number of legal bases. Depending on the type of information processed, our basis for processing can include: (1) your consent; (2) where necessary to perform a contract with you such as the sale of tea; (3) where necessary for legal compliance purposes; (4) where such processing is necessary to protect the vital interests of you or another person; (5) where the processing is necessary to carry out a task of public interest; and (6) where the legitimate interests of Upton Tea or a third party allow it.

    The vast majority of the processing done by Upton Tea is done for the purpose of fulfilling a contract to deliver products to our Valued Customer, by the consent of our Valued Customer, and/or to fulfill legal obligations (such as keeping records in case of a product recall).

    If you would like to exercise any of these rights, please contact us at cservice@uptontea.com.

    You have the right to complain to your local data protection authority if you are unhappy with our privacy practices.

    1) number of CCPA requests received; 0 2) number of requests complied with in whole or in part; 0 3) number of requests denied; 0. 4) median or mean number of days to respond to requests; N/A.


    Contact Information

    Upton Tea Imports
    100 Jeffrey Ave Suite 1
    Holliston, MA 01746
    United States