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Privacy Policy

Last Updated on 10/15/2026. This privacy policy is effective immediately.

MODERN ALTERNATIVE MAMA, LLC DBA EARTHLEY WELLNESS

Privacy Policy

This privacy policy (“Privacy Policy”) is designed to help you understand how Modern Alternative Mama, LLC DBA Earthley Wellness’ (“Company,” we,” “our”, or “us”) collects, uses, and shares your personal information and to help you understand and exercise your privacy rights.

By registering for, downloading, accessing or using any part of the Services (as defined below), you accept and agree to this Privacy Policy, whether or not you are a registered user or have an account. You should not use the Services if you don’t agree with this Privacy Policy or any other agreement that governs your use of the Services.

TABLE OF CONTENTS

1. SCOPE

2. PERSONAL INFORMATION WE COLLECT

3. HOW WE USE YOUR PERSONAL INFORMATION

4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

5. YOUR PRIVACY CHOICES AND RIGHTS

6. SECURITY OF YOUR INFORMATION

7. INTERNATIONAL DATA TRANSFERS

8. RETENTION OF PERSONAL INFORMATION

9. SUPPLEMENTAL CALIFORNIA AND US PRIVACY NOTICE

10. CHILDREN’S INFORMATION

11. OTHER PROVISIONS

12. CONTACT US


1. SCOPE

This Privacy Policy applies to personal information processed by us via our websites and other online services, including but not limited to our website (https://www.earthley.com/) and all content, features, products, and services made available therein by Company (collectively altogether, the “Services”).

2. PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

• Information You Provide to Us Directly

We may collect the following personal information that you provide to us.

• Account Creation. We may collect information when you create an account, such as your full name, email address, billing and mailing addresses, phone number, and password.

• Information Provided Through the Services. We may collect any information you provide through the Services, such as any information that you voluntarily choose to provide through use of the Services, including by messaging us via our website or by emailing us.

• Payments. We may collect information when you choose to make a purchase that requires a fee. To complete such purchase, you will be required to provide your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and processed by our third-party payment processors pursuant to the terms and conditions of their privacy policies and terms of use. We do not receive or store your full payment card number or bank account number. If you choose to save a payment method to your account, we retain a token supplied by our payment processor together with the card type and brand, the last four digits, the expiration date, and the associated billing address. By providing your Payment Information, you acknowledge and agree to the use of such information by the third-party payment processor for purposes of processing your payment to us.

• Your Communications with Us. We may collect personal information, such as your name, email address, phone number, or mailing address and content of communications when you request information about our Services, request customer or technical support, or otherwise communicate with us.

• Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

• Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend conferences, trade shows, and other events.

• Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

• Social Media Information. We may have pages on social media sites like Instagram, Facebook, Pinterest, YouTube and TikTok. When you interact with our social media pages, we may collect personal information that you elect to provide to us, such as your contact details.

• Information Collected Automatically

We may collect personal information automatically when you use our Services.

For example, we may log your geolocation data and internet or other electronic network activity information such as Internet Protocol (IP) IP addresses, mobile carrier, unique device identifier, device model, operating system type, browser type, browser history, browser language, links clicked, pages you viewed, how long you spent on a page, access times and information about your use of and actions on the Services as follows:

• Cookies, Pixel Tags/Web Beacons, and Other Technologies. We, as well as our third-party advertising partners and third-party service providers, may use cookies, pixel tags, local storage, session replay/screen capture, and other technologies (“Technologies”) to automatically collect information through your use of our Services.

• Cookies. Cookies are small text files placed in device browsers or mobile devices that store preferences, facilitate and enhance your experience, and collect information about site visits, web page traffic, and online behavior.

• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us or third-party advertising partners and third-party service providers to record, for example, that a user has visited a particular page, clicked a link, and their other online behavior such as mouse and scroll movements and clicks. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. Pixel tags/web beacons are also deployed by third parties to serve cross-context behavioral/targeted advertising and other advertising (see Advertising below).

• Session Replay. Session replay/screen capture technology or similar technologies (such as Microsoft Clarity and Crazy Egg) collect on a real-time basis information on how you use and navigate the Services, including heatmaps. This may include mouse movements, how you scroll through the Services, and certain keystroke information.

Our, and our third-party advertising partners and third-party service providers’, uses of these Technologies fall into the following general categories:

• Operationally Necessary. This includes Technologies that allow you access to our Services and applications and tools that are required to identify irregular website/app behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;

• Performance Related. This includes Technologies to assess and improve the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);

• Functionality Related. This includes Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed.

• Advertising Related. This includes Technologies to enable us and our third-party advertising partners and service providers to build a profile of your interests and deliver you with advertisements, including targeted advertising and cross-context behavioral advertising on this site and other websites or platforms (see Advertising below).

See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.

Analytics. We and our third-party service providers use Technologies and other third-party tools (such as Crazy Egg, Google Analytics, Microsoft Clarity) to process analytics information on our Services, including to evaluate your use of the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to your online activities over time and across different websites, platforms, or other online services. Microsoft Clarity and Crazy Egg also provide the session replay and heatmap functionality described above.

Identity Resolution. We work with an identity resolution provider (ID Match Technologies Inc.) that uses Technologies on our Services, together with information it obtains from other sources, to recognize returning visitors and to associate browser and device activity with a person or household. You may opt out of this at https://idmatch.ai/opt-out/.

• Advertising. We partner with third-party advertising partners and service providers (such as Meta, TikTok, Google, and Microsoft Advertising) to show you relevant ads for our products, including on other companies’ websites or apps on any of your devices via or targeted and cross-context behavioral advertising. These third parties may use these Technologies, along with activity information they collect (including information obtained from your activities on nonaffiliated websites or online applications), to recognize you across the devices you use, such as a mobile device and a laptop or other computer. These third-party advertising partners and service providers may also use any of this information to measure ad performance, understand their (or our) audience, or otherwise improve and enhance their marketing.

Social Media Links. Our Services contain links to our own profiles on social media platforms, including Instagram, Facebook, Pinterest, YouTube and TikTok. These are ordinary links: they do not set cookies and they do not transmit information about you to those platforms unless you choose to follow them. If you do, your interactions with that platform are governed by the privacy policy of the company providing it. Separately, we use advertising Technologies supplied by certain of these platforms, as described under “Advertising” above; those Technologies are capable of building a profile regarding your interests, which may affect the content and advertising you see on other websites and platforms that you visit or use.

C. Information Collected from Other Sources

We may obtain information about you from other sources, including through third-party services and organizations such as social networks you choose to connect with or interact with through our Services, business partners with whom we may jointly be offering products or services, or analytics providers and advertising partners.

3. HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

A. Provide Our Services

We use your personal information to provide you with our Services, such as:

• Managing your information and accounts;

• Enabling you to use and providing you with our Services;

• Operating and maintaining the Services;

• Providing access to certain areas, functionalities, and features of our Services;

• Enabling you to communicate with us;

• Processing and verifying your purchases in our Services;

• Answering requests for customer or technical support; and

• Communicating with you about your account, purchases, activities on our Services, and policy changes.

B. Administrative Purposes

We use your personal information for various administrative purposes, such as:

• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;

• Measuring and analyzing use of and interest and engagement in our Services;

• Improving, upgrading, or enhancing our Services;

• Developing new products and services;

• Ensuring internal quality control and safety;

• Authenticating and verifying individual identities, including requests to exercise your rights under this policy;

• Debugging to identify and repair errors with our Services;

• Auditing relating to interactions, transactions and other compliance activities;

• Evaluating and processing your application for employment;

• Enforcing our agreements and policies; and

• Complying with our legal obligations.

• Marketing and Advertising our Products and Services

We may use personal information to analyze our customer base, products and services, and trends and traffic and to provide you with content and advertisements (including exclusive offers, promotions, or new products). We may provide you with these materials as permitted by applicable law.

Some of the ways we market to you include email campaigns and cross-context behavioral advertising or targeted advertising. Cross-context behavioral advertising or targeted advertising means that you may be provided with advertisements regarding us and our products on third-party websites and platforms based on your online behavior. To engage in such activity, we and/or our third-party advertising partners and service providers may place Technologies on our Services that send data directly to our advertising partners and service providers. Our advertising partners and service providers may also place and use such Technologies on other third-party websites and platforms to collect information about your activities across websites and platforms over time in order to provide you with relevant advertisements that are based on your interests as well as to provide advertising-related services such as reporting and market research.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in “Contact Us” below as well as using unsubscribe links in emails you have received, responding “STOP” to any text message from us, or, where applicable, submitting an opt-out request at https://www.earthley.com/privacy-choice or as otherwise described in “Your Privacy Choices and Rights” and “Supplemental California and US Privacy Notice” below.

• Other Purposes

We also use your personal information for other purposes as requested by you or as permitted by applicable law.

• Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

• De-identified and Aggregated Information. We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, information about the device from which you access our Services, or other analyses we create.

4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

We do not sell your personal information in exchange for monetary consideration, but we may disclose your personal information by allowing certain third parties (such as social media networks, analytics providers, and marketing and advertising partners) to collect personal information via Technologies on our Services for social networking and marketing and advertising purposes. Under applicable law, these kinds of disclosures may constitute “targeted advertising” or a “sale” when the personal information is exchanged for non-monetary consideration or “sharing” when the personal information is disclosed for cross-context behavioral advertising purposes.

• Disclosures to Provide our Services

The categories of third parties with whom we may share your personal information are described below.

• Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide or improve our Services and/or who create, deliver and assess our advertising or marketing campaigns. This includes service providers that provide us with IT support, hosting, cloud services, data security services, web analytics, marketing services, advertising services, payment processing, email communication software, chatbot software, software development, customer service, and other related services.

• Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services. Additionally, we may share your personal information with marketing and advertising partners such as in order to deliver personalized advertising to you, including on different websites or platforms based on your viewing activity.

Social Media and Third-Party Sign-In. If you choose to create or access your account using a third-party sign-in service (currently Google), we receive from that service the information you authorize it to share with us, such as your name and email address. We also allow certain advertising platforms, currently Meta and TikTok, to collect information through Technologies on our Services for the advertising purposes described in “Personal Information We Collect” above.

• Affiliates. We may share your personal information with our affiliates.

• APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and Software Development Kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us” below.

• Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law, law enforcement, national security requests, and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

• Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your personal information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

• Disclosures With Your Consent

We may share your personal information to external parties for other purposes pursuant to your consent or at your direction.

5. YOUR PRIVACY CHOICES AND RIGHTS

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.

• Email 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. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our legal terms or this Privacy Policy).

• Text Messages. If you no longer want to receive text message from us, you can opt out of receiving future messages at any time by replying “STOP” or by following other instructions as provided in the message.

• Push Notifications. We may send you push notifications through the Services. You may opt out from receiving these push notifications by changing the settings on your device.

• “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain browsers and mobile operating systems. Please note that we do not respond to or honor DNT signals or similar mechanisms that automatically communicate your choice not to be tracked online.

• Technologies. You may stop or restrict the placement of certain Technologies on your device or remove them by adjusting your preferences as your browser or device permits or by opting out through our Services or opting out via third parties as otherwise available. However, if you opt-out or adjust your preferences, our Services may not work properly. Please note that with respect to Google Analytics, Google has an opt-out browser add-on available to prohibit sending site activity information to Google Analytics. However, the Google Analytics opt-out browser add-on does not prevent data from being sent to our site. Visit https://tools.google.com for more information on how to opt out. Please also note that Microsoft Clarity has an opt-out system. Visit https://learn.microsoft.com/en-us/clarity/faq for more information on how to opt out. Additionally, please also note that ID Match Technologies Inc. has an opt-out system that is available at https://idmatch.ai/opt-out/ and you may also use opt-out controls offered by the organizations our marketing and advertising partners may participate in, which you can access at: NAI (http://optout.networkadvertising.org) and DAA (http://optout.aboutads.info/). You may also choose to enable online, where available, a universal tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”). We will honor the GPC signal as a request to opt out.

• Mobile Devices. Your mobile device may include a feature that allows you to opt out of some types of targeted advertising (“Ask App Not to Track” on iOS and “Delete advertising ID” on Android).

Your Privacy Rights. In accordance with applicable law, you may have the right to:

• Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company (the “right of data portability”);

• Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;

• Request Deletion of your personal information;

• Request Restriction of or Object to our processing of your personal information; and

• Withdraw your Consent to our processing of your personal information.

If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

6. SECURITY OF YOUR INFORMATION

We take steps to ensure that your personal information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using our Services 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 our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

7. INTERNATIONAL DATA TRANSFERS

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

8. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

9. SUPPLEMENTAL CALIFORNIA AND US PRIVACY NOTICE

This Supplemental California and US Privacy Notice only applies to our processing of personal information of residents of California and certain other states under the California Consumer Privacy Act and the California Privacy Rights Act (collectively, “CCPA”) and other applicable state laws such as the Texas Data Privacy and Security Act and the Nebraska Data Privacy Act (collectively, with the CCPA, the “State Privacy Laws”).

The State Privacy Laws provide residents of California and residents of certain other states with the right to know/right to access what categories of personal information Company has collected about them and whether Company disclosed that personal information for a business purpose in the preceding 12 months. Such residents can find this information below:

CATEGORY OF PERSONAL INFORMATION COLLECTED BY COMPANY

CATEGORY OF THIRD PARTIES INFORMATION IS DISCLOSED TO

Identifiers.

Real name, postal address, Internet Protocol address, unique personal identifier, online identifier, email address, account name, or other similar identifiers.

• Service Providers

• Business Partners, including analytics and marketing/advertising partners

• Third-party integrations on our Services, including social media platforms

Information that identifies, relates to, describes, or is capable of being associated with, a particular individual/Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Name, address, telephone number, employment, payment card type and brand, the last four digits and expiration date of a saved payment method, or any other financial information.

• Service Providers

• Business Partners, including analytics and marketing/advertising partners

• Third-party integrations on our Services, including social media platforms

Commercial information.

Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

• Service Providers

• Business Partners, including analytics and marketing/advertising partners

• Third-party integrations on our Services, including social media platforms

Characteristics of protected classifications under California or federal law.

Age, including date of birth and self-reported age range.

• Service Providers

Internet or other electronic network activity.

Browser types, device type, operating system and version, browsing history, search history, information on a consumer's interaction with an internet website, application, or advertisement, and session replay and heatmap information reflecting how you navigate a page, including mouse movement, scrolling, and certain keystroke information.

• Service Providers

• Business Partners, including analytics and marketing/advertising partners

• Third-party integrations on our Services, including social media platforms

Geolocation data.

Location-related information.

(Please note we do not collect precise geolocation data and you would have to opt in to sharing your precise geolocation through your mobile device if applicable. Please also note that you may be able to limit or disallow our collection, use, or sharing of location data by adjusting the settings for our Services in your device privacy settings.)

• Service Providers

• Business Partners, including analytics and marketing/advertising partners

• Third-party integrations on our Services, including social media platforms

Professional or employment-related information

Current or past job history.

• Service Providers

Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

• Service Providers

• Business Partners, including analytics and marketing/advertising partners

• Third-party integrations on our Services, including social media platforms

Sensitive personal information (under CCPA only).

Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to the account.

• Service Providers

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect” and “How We Use Your Personal Information” above, respectively.

“Sales” or “Sharing” of Personal Information under State Privacy Laws. Company does not “sell” personal information in exchange for monetary consideration. We do “share” or “sell” (as those terms are defined under applicable State Privacy Laws) personal information for targeted/cross-contextual behavioral advertising. Notwithstanding the foregoing, we do not permit individuals we know to be under 18 to participate in our rewards program, and we do not knowingly “sell” or “share” the personal information of individuals under 16 years of age.

Profiling and Targeting Advertising under State Privacy Laws. Company does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Company does engage in cross-context behavioral advertising or targeted advertising as those terms are defined in applicable State Privacy Laws.

Additional Rights for Under State Privacy Laws

Depending on which state you live in and subject to certain exceptions, you may have some or all of the following rights:

• Right to Know/Access and Data Portability: The right to request that we disclose to you the personal information we collect, use, or disclose about you, and information about our data practices as well as the right to obtain a copy of your personal information.

• Right to Request Correction: The right to request that we correct inaccurate personal information that we maintain about you.

• Right to Request Deletion: The right to request that we delete any or all of your personal information that we have collected from or about you, subject to certain exceptions. Please note that we may not delete your personal information if it is necessary to:

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

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

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

• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;

• Comply with the California Electronic Communications Privacy Act;

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;

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

• Comply with a legal obligation; or

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

• Right to Opt-Out of “Sale” or “Sharing” of Personal Information: The right to opt-out of the “sale” or “sharing” of your personal information as those terms are defined under applicable State Privacy Laws. We do not “sell” personal information in exchange for monetary consideration. We do “share” or “sell” (as those terms are defined under applicable State Privacy Laws) personal information for targeted/cross-contextual behavioral advertising. Notwithstanding the foregoing, we do not permit individuals we know to be under 18 to participate in our rewards program, and we do not knowingly “sell” or “share” the personal information of individuals under 16 years of age.

• Right to Opt-Out of Targeted Advertising: The right to opt-out of the processing of your personal information for purposes that may be considered “targeted advertising” as are defined under applicable State Privacy Laws, including information obtained from your activities on nonaffiliated websites or online applications.

• Right to Opt-Out of Profiling: The right to opt-out of the processing of your personal information for profiling in furtherance of decisions that produce legal or similarly significant effects. We do not engage in profiling in furtherance of decisions that produce legal or similarly significant effects.

• Right to Non-Discrimination: The right not to receive discriminatory treatment for exercising your privacy rights.

• Rights Relating to Sensitive Personal Information.  You may choose to provide us with certain information that is considered “sensitive” under CCPA, including but not limited to, financial account information, and login and credentials. We only use or disclose this information as necessary to:

• provide the Services to you;

• to prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted personal information;

• to resist malicious, deceptive, fraudulent, or illegal actions directed at us and to prosecute those responsible for those actions;

• to ensure the physical safety of natural persons;

• for short-term, transient use;

• to perform services on behalf of the business, such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services;

• to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance the products or features offered by the business; and

• to collect or process sensitive personal information where such collection or processing is not for the purpose of inferring characteristics about a consumer.

By providing such information to us, you consent and agree that we may store, process, use, and disclose such information to provide the Services and as set out above or as otherwise allowed by State Privacy Laws. We do not process sensitive personal information for the purposes of inferring characteristics about a consumer.

Exercising Your Rights. If you are a resident of an applicable state and would like to exercise any of your rights under the applicable State Privacy Laws, please contact us as set forth in “Contact Us” below and for opt-out requests, you may also use the form at https://www.earthley.com/privacy-choice. We will process such requests in accordance with applicable laws.

Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in “Contact Us” below and provide written authorization signed by you and your designated agent

Appeals. You may have the right to appeal a decision we make relating to requests to exercise your rights under applicable State Privacy Laws. To appeal a decision, please send your request to us at the contact information set forth in “Contact Us” below.

Your Other California Privacy Rights

Under California Civil Code Sections 1798.83-1798.84, are entitled to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes and the identify of those third parties. If you are a resident of California and would like to exercise such right, please contact us as set forth in “Contact Us” below.

10. CHILDREN’S INFORMATION

The Services are intended for adults and are not directed to children. We ask that minors under the age of 18 not use the Services, and we do not permit anyone under 18 to participate in our rewards program.

We collect age information in two limited circumstances. First, if you choose to enroll in our Wellness Points program, we collect your date of birth and use it to confirm that you are 18 or older. Second, if you choose to answer our optional post-purchase survey, we collect the age range you select. The survey does not offer an answer for anyone under 18.

Where the date of birth an individual provides indicates that they are under 18, we exclude that individual from our rewards program.

If you are a parent or guardian and believe your child has uploaded personal information to our Services without your consent, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account.

11. OTHER PROVISIONS

Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

Supervisory Authority. If you are located in the European Economic Area, Switzerland, the United Kingdom, or Brazil, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect. We encourage you to periodically review this page for the latest information on our privacy practices.

12. CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:

Modern Alternative Mama, LLC DBA Earthley Wellness

320 Outerbelt St., Suite J

Columbus, Ohio 43213

Telephone: (888) 431-3185 (toll-free)

Email: customercare@earthley.com

Website Form: https://www.earthley.com/privacy-choice