Privacy Policy

Last Updated on August 10, 2023

MODERN MILKMAN PRIVACY POLICY

Modern Milkman LLC Privacy Policy

1. PURPOSE

At Modern Milkman LLC. (“Modern Milkman”, “we”, “us”, or “our”) we recognize that privacy is very important and we greatly value the privacy of our customers and website users. We respect your interest in knowing how information about you is processed. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose information that we obtain about users of our website, www.modernmilkman.com (the “Site”), , and the services available through our Site (collectively, the Site and the services available therein are the “Services”).

This Policy explains our online and offline information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt-out of a use or correct or change such information. All other terms not defined below will have the meanings set forth in our Terms of Use (the “Terms”). Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this Policy.

2. SCOPE

This Policy applies to any information relating, or reasonably capable of being linked, directly or indirectly, to an identified or identifiable natural person or household (“Personal Information”) that is “Processed” (which means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction) by Modern Milkman in the course of our business, including via the Site(s). All persons whose responsibilities include the Processing of Personal Information on behalf of Modern Milkman are expected to protect that data by adherence to this Policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Site(s).

 

3. TRANSPARENCY/NOTICE – TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT

The types of Personal Information we may collect (directly from you or from third-party sources) and our privacy practices depend on the nature of the relationship you have with Modern Milkman and the requirements of applicable law. Some of the ways that Modern Milkman may collect Personal Information include:

  • You may provide Personal Information directly to Modern Milkman through interacting with the Services, participating in surveys and requesting products, Services, or information.
  • As you navigate the Services, certain passive information may also be collected about your visit, including through automated mechanisms such as cookies and similar technologies as described below.

We use reasonable efforts to collect only that information which is relevant for the purposes of the Services. Below are the ways we collect Personal Information and how we use it.

3.1 TYPES OF PERSONAL INFORMATION WE COLLECT

Modern Milkman Processes Personal Information regarding its current, prospective, and former customers (collectively “Individuals”). 

  • Information You Provide Directly to Us. When you use the Services or engage in certain activities, such as registering for an account with Modern Milkman, requesting Services or information, or contacting us directly, we may ask you to provide some or all of the following types of information:
    • Purchases. When you purchase products from Modern Milkman, you must provide us with Personal Information, such as your name, email address, phone number, and mailing address that are associated with your debit/credit card. Personal Information may include details of transactions you carry out through our Site(s). Please note that we do not store credit/debit card numbers. Modern Milkman uses third party payment processors for payment and any information collected and used will be between you and such payment processor.
    • Communications with Us. We may also collect Personal Information from you such as email address, phone number or mailing address when you choose to request information about our products and Services, register for a newsletter or loyalty programs that we may offer from time to time, contact customer service or otherwise communicate with us, which may include records and copies of your correspondence.
    • Surveys. From time to time, we may contact you to participate in online surveys, product or service reviews, or in-person interviews and focus groups. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys or interviews is provided by you voluntarily. We may use such information to improve our products, Sites and/or services and in any manner consistent with the policies provided herein.
       
  • Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile advertising identifiers, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. To the extent devices transmit location data through GPS, Bluetooth, or WiFi signals, we may also collect this data.
  • Promotions. Occasionally we may offer via the Site(s) or we may partner with third parties on social media and online channels as part of promotions. Terms and conditions will accompany each such promotion, and it is the responsibility of all entrants to read the terms and conditions and privacy policies carefully. If you choose to share your information in order to participate in a promotion, your entry information may be shared with such third parties.
  • Information from Other Sources. We may receive information about you from other sources, including through third-party services and organizations, which may supplement information provided by you. This supplemental information can allow us to verify information that you have provided to Modern Milkman and enhances our ability to provide you with information about our business, products, and Services. For example, if you access third-party services, websites or platforms, such as Facebook or Twitter, to login to the Services or to share information about your experience with Modern Milkman, we may collect information from these third-party services in accordance with the authorization procedures and privacy settings you establish with such services.

 

3.2 HOW MODERN MILKMAN USES YOUR INFORMATION

We acquire, hold, use, and Process Personal Information about Individuals for a variety of business purposes, including:

  • Contract. We will use your Personal Information if we need to do it to perform our obligations under a contract with you, or if it is necessary for a contract which we are about to enter with you. For example, if we need to:
    • register you as a new customer or administer your account (e.g. set up your subscription and administer invoicing and payments);
    • provide our Services or Products to you;
    • deliver your Order to you;
    • manage our relationship with you (e.g. to respond to your enquiries or to notify you about changes to our services, Products and to inform you about updating preferences); and
    • provide you with customer services (e.g. technical support through our Site(s) (including the support chat function).
  • Legitimate interests. We may process your Personal Information when we (or third party) have a legitimate reason to use it, so long as this is not overridden by your own rights and interests. For example:
    • to manage your account and our relationship with you (including responding to your enquiries);
    • to manage payments, fees, charges, and to collect debts which you may owe to us;
    • to interact with you professionally (e.g. if you represent our current or prospective client, supplier or business partner) to manage our relationship with the organisation you represent;
    • to administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
    • to deal with your enquiry unrelated to a contract which we may have with you;
    • to provide you with a free service (e.g. the use of our Site(s) functionalities);
    • to ask you to leave a review or complete a survey;
    • to send you our blogs, newsletters or other electronic marketing communications if you are our existing customer;
    • to increase our business or promote our brand through delivering relevant Site content and advertisements to you (including recommending new products and products that may be relevant to you);
    • to measure or understand the effectiveness of the advertising we provide to you;
    • to improve our Site(s), products, services, marketing, and customer relationships and understanding;
    • to conduct web analytics; 
    • for the prevention and detection of fraud and spam;
    • for the establishment, exercise or defence of legal claims;
    • to prevent crime and protect buildings and assets from damage, disruption, vandalism and other crime;
    • for the personal safety of staff, visitors and other members of the public and to act as a deterrent against crime; and
    • to assist in day-to-day management, including ensuring the health and safety of staff and others.
  • Legal obligation. We may process your Personal Information to comply with our legal obligation. For example, to:
    • notify you about changes to our Terms or this Policy;
    • address a complaint;
    • to enforce or apply our Terms and other agreements, including for billing and collection purposes;
    • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our customers, partners or others (including for fraud protection and credit risk reduction)and
    • comply with a legal process, law or request from a court,  regulatory or governmental authority.
  • Marketing Modern Milkman Products and Services: Modern Milkman may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content, products, or Services. Modern Milkman may provide you with these materials via online social platforms, websites, phone, text/SMS, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:
    • To tailor content, advertisements, and offers;
    • To check in on your use of the Services;
    • To notify you about offers, products, and services that may be of interest to you;
    • To provide Services to you and our sponsors;
    • For other purposes disclosed at the time that Individuals provide Personal Information; or
    • Otherwise with your consent.

Opt-Out: You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 5 below.

  • Research and Development: Modern Milkman may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our products and Services or develop new products and Services. From time to time, Modern Milkman may perform research (online and offline) via surveys. We may engage third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
  • Direct Mail, Email and Outbound Telemarketing: Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may receive periodic emails, referral offers, newsletters, mailings, SMS/text messages, or phone calls from us with information on Modern Milkman’s or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by either following the instructions in the: (i) SMS/text message or email; or (ii) Opt-In/Opt-Out mechanisms in the Site and/or in Section 5 below.
  • Mobile Devices: From time to time, Modern Milkman may provide Services that are specifically designed to be compatible and used on mobile devices. Modern Milkman will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings and the operating system of your device. Mobile versions of Modern Milkman’s Services may require that users log in with an account. In such cases, information about use of mobile versions of the Services may be associated with user accounts. In addition, Modern Milkman may enable Individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to Modern Milkman to enable Individuals to access user accounts and to enable Modern Milkman to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. Modern Milkman may use personal or non-identifiable information transmitted to Modern Milkman to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Policy or in other notices Modern Milkman provides.
  • Anonymous and Aggregated Information: Modern Milkman may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Modern Milkman’s Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services and Products. Anonymized or aggregated information is not Personal Information, and Modern Milkman may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Modern Milkman and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

3.3 MARKETING

We may send you emails, texts or call you about our products and Services if you are an existing customer (on the basis of our legitimate interests) or, if you are our prospective customer when you expressly agree to that (for example, by signing up to our newsletter).

If you are an existing customer, we may use the information we have about you (such as what product you previously bought from us, where you live, how old you are, how you use our website and app) to make predictions on what other products may be of interest to you. We will use that information to make our marketing communications and offers relevant to you. This type of Personal Information use is called ‘profiling’. We will do that on the basis of our legitimate interests. We will provide you an opportunity to Opt-In to such communications (e.g. via the Site(s)) and you are always able to Opt-Out of such communications by contacting us directly pursuant to Section 5 below.

[We may also use cookies and similar tracking technologies (for example tracking pixels in our marketing emails and website/app advertisements) and analytics services (such as Google Analytics) to collect information about your use of our website, app, services and your interactions with our marketing emails and advertisements. In addition, third party advertising platforms that we advertise our products on (for example, Facebook and Google) may also use their advertising cookies on our website. We, as well as third parties that provide content, advertising, or other functionality on our Services, may use browser cookies, flash cookies pixel tags, clear gifs, local storage, and other technologies (”Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information about you, your location or device whenever you visit or interact with our Sites, Services, applications, messaging, and tools, and to recognize you across devices and platforms to automatically collect information through the Services].

Our uses of such Technologies fall into the following general categories:

  • Operationally Necessary: We may use Technologies that are necessary to the operation of our Site(s), Services, applications, and tools. This includes Technologies that allow you access to our Site(s), Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
  • Performance Related: We may use Technologies to assess the performance of our Site(s), applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use our Site(s), determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our Site content, applications, services, or tools;
  • Functionality Related: We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Site(s), services, applications, or tools. This may include identifying you when you sign into our Site(s) or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Site(s); and
  • Advertising or Targeting Related: We may Technologies to deliver content, including ads relevant to your interests, on our Site(s) or on third party sites. This includes using Technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

If you would like to opt-out of the Technologies we employ on our Sites, Services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits—as further described in Section 5 below.

 

3.4 THIRD-PARTY SITES

The Site may contain links to other websites and other websites may reference or link to our Site or other Services. When you click on or access any third party website, domain or platform, you will be leaving our Site and entering a third party website, domain or platform. These other websites, domains and platforms are not controlled by us, and Modern Milkman does not endorse or make any representations about any  websites, domains or platforms of any sort that are not directly controlled or owned by us (e.g. the Site(s)). We encourage you to read the privacy policies of each and every website, domains and platforms that you interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites, domains or platforms and accessing or visiting them is at your own risk.

4. ONWARD TRANSFER – MODERN MILKMAN MAY DISCLOSE YOUR INFORMATION

4.1 INFORMATION WE SHARE

We may share your information as described in this Policy (e.g., with our third-party service providers/partners; to comply with legal obligations; to protect and defend our rights and property) or with your permission.

  • We Use Vendors and Service Providers. We may share any information we receive with our vendors and service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Site. Modern Milkman has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
  • Business Partners. Modern Milkman may share Personal Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Modern Milkman may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Modern Milkman’s name. Modern Milkman requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Modern Milkman provided them.
  • Disclosures to Protect Us or Others (e.g., As Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requirements and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce Modern Milkman policies or contracts; (v) to collect amounts owed to Modern Milkman; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

    In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
  • Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. Should such an event occur, Modern Milkman will endeavor to direct the recipients or transferee to use Personal Information in a manner that is consistent with the Policy in effect at the time such Personal Information was collected.

4.2 DATA TRANSFERS

All Personal Information collected via or by Modern Milkman may be stored anywhere in the world, including but not limited to, in the United States, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Modern Milkman, you consent to the storage of your Personal Information in these locations.

5. OPT-OUT

5.1 E-MAIL COMMUNICATIONS

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain communications regarding Modern Milkman and our Services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms or this Policy).

5.2 DO NOT TRACK

Do Not Track (“DNT”) is a privacy preference that Individuals and users can set in certain web browsers. DNT is a way for Individuals and users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

5.3 COOKIES AND INTEREST-BASED ADVERTISING

As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.

To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on third-party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

6. SECURITY OF YOUR INFORMATION

We take steps to ensure that your Personal Information is treated securely and in accordance with this Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site and we do not accept liability for unintentional disclosure.

The safety and security of your Personal Information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards.

By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site or purchase of any Products. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.

7. RETENTION

Modern Milkman retains the Personal Information we receive as described in this Policy for as long as you use our Services or as necessary to fulfil the purpose(s) for which it was collected, provide our products and services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

8. CHILDREN’S PRIVACY

The Site(s) and Services are not intended for persons under the age of 16 years old and we do not knowingly collect, maintain, or use Personal Information from children under 13 (and in certain jurisdictions under the age of 16) years of age, and no part of the Site is directed to children under the age of 13 (and in certain jurisdictions under the age of 16). If you learn that your child has provided us with Personal Information without your consent, you may alert us at . If we learn that we have collected any Personal Information from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information and terminate the child’s account.

Please note that California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

9. INTERNATIONAL USERS

By using the Site, you will transfer data to the United States. By choosing to visit the Site, utilize the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of Connecticut and the adjudication of any disputes arising in connection with Modern Milkman or the Site will be in accordance with the Terms.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your Personal Information, you consent to any transfer and processing in accordance with this Policy.

10. OTHER RIGHTS AND IMPORTANT INFORMATION

10.1 CHANGES TO OUR PRIVACY POLICY AND PRACTICES

  • Revision to the Privacy Policy. We may revise this Policy in our sole discretion, so review it periodically. If you continue to visit this Site and use the Services made available to you after such changes have been made, you hereby provide your consent to the changes.
  • Posting of Revised Privacy Policy. If there are any material changes to this Policy, Modern Milkman will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, bookmark this page and read this Policy periodically.
  • New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you (including whether authorized via the Site(s) or this Policy), we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, Modern Milkman will endeavor to comply with the law or contract.

10.2 COMPLIANCE

This Policy shall be implemented by Modern Milkman and all its operating divisions, subsidiaries and affiliates. Any Employee that violates these privacy principles will be subject to disciplinary procedures.

11. YOUR STATE PRIVACY RIGHTS

State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information. To learn more about California residents’ privacy rights, visit https://oag.ca.gov/privacy/ccpa. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to .

In addition, Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

  • Confirm whether we process their personal information.
  • Access and delete certain personal information.
  • Data portability.
  • Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

  • Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
  • Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights please contact us at . To appeal a decision regarding a consumer rights request, please contact us at .

Nevada provides its residents with a limited right to opt-out of certain Personal Information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: . However, please know we do not currently sell data triggering that statute’s opt-out requirements.

12. CONTACT INFORMATION

To ask questions or comment about this Policy and our privacy practices, contact us at:

 or via our phone number:

860-375-2968

To register a complaint or concern, please contact .