California Consumer Privacy Act

TUESDAY MORNING: CCPA Consumer Privacy Notice

Effective Date: January 1, 2020

This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”) as a supplement to other privacy policies or notices issued by Tuesday Morning, Inc. (“Tuesday Morning” “us” “we” our”).In the event of a conflict between any other Tuesday Morning policy, statement, or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA.

In accordance with the CCPA’s requirements, this Notice covers the calendar years 2019 - 2022 and describes our collection, use, disclosure, and “Sale” of California Consumers’ “Personal Information” or “PI” as defined by the CCPA, as well as the rights California Consumers have under the CCPA. Terms defined in the CCPA that are used in this Notice have the same meanings as in the CCPA.

Consistent with the CCPA, job applicants, current and former employees and contractors, and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered Consumers for purposes of this Notice or the rights described herein.

COLLECTION AND USE OF PERSONAL INFORMATION

We collect PI about California Consumers as described in the table below.

In addition, we may collect, use, and disclose your PI as required or permitted by applicable law.We do not treat “Deidentified” data or “Aggregate Consumer Information” as PI, and we reserve the right to convert, or permit others to convert, your PI into Deidentified data or Aggregate Consumer Information.

Subject to the CCPA’s restrictions and obligations, our affiliates, service providers, and vendors also may use your PI for some or all of the above-listed business purposes.

CALIFORNIA PRIVACY RIGHTS

• The categories of PI we have collected about you.
• The categories of sources from which we collected your PI.
• The business or commercial purposes for collecting or Selling your PI.
• The categories of third parties to whom we have shared your PI.
• The specific pieces of PI we have collected about you.
• A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
• A list of the categories of PI Sold about you in the prior 12 months, or that no Sale occurred. If we Sold your PI, we will explain:
  • The categories of your PI we have Sold.
  • The categories of third parties to which we Sold PI, by categories of PI Sold for each third party.

“Do Not Sell” Rights

We do not knowingly sell the PI of Consumers to any third parties. Rather, we only use the PI of Consumers for our communication needs and business purposes. All PI of Consumers that is shared is only shared with our Service Providers.

Non-Discrimination and Financial Incentive Programs

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. Please note that participating in incentive programs is entirely optional; participants affirmatively opt into the program, and can opt out of the program (i.e., terminate participation and forgo the ongoing incentives) by following the instructions in the program’s description and terms. We may add or change incentive programs and/or their terms by posting a notice on the program descriptions and terms.

For more information regarding your California privacy rights, you may contact us at 1-800-457-0099 or email us at consumerprivacy@tuesdaymorning.com. You may also write to us at Legal at Tuesday Morning, 6250 LBJ Freeway, Dallas, Texas 75240.

CALIFORNIA EMPLOYEE PRIVACY NOTICE

Effective date: March 13, 2023

Tuesday Morning (“Tuesday Morning”, “us,” “we,” or “our”) provides this California Employee Privacy Notice (“Employee Notice”) to explain our practices regarding the collection, use, and disclosure of Personal Information of California employees, contractors, and others who work for us (“Employees”, “you”, or “your”). This Employee Notice also explains what rights you have relating to your Personal Information under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, referred to as “CCPA”).

As used in this Employee Notice, the term “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is publicly available, de-identified, or aggregated.

Unless otherwise noted, this Employee Notice describes how and why we collect and use your Personal Information as well as how and why we collected and used Employee Personal Information within the past twelve (12) months.

COLLECTION, USE OF YOUR PERSONAL INFORMATION

We collect the following categories of Personal Information about California Employees. Note that the Personal Information we collect about you may vary depending on the nature of your interactions with us and may not include all of the examples listed below.

Unless otherwise noted, the following practices apply to the categories of Personal Information listed below. Generally, we obtain your Personal Information from the following categories of sources: (1) directly from you, or (2) Service Providers that help us manage our employment relationships.

• Identifiers (such as real name, email address, mailing address, unique personal identifier, telephone number, Internet Protocol address, Social Security number, passport number, driver’s license number, or other similar identifiers)

• How We Use the Information: (1) to communicate with you, (2), to onboard and enroll you as an Employee, (3) to manage our employment relationship with you, (4) to provide compensation and benefits, (5) to comply with applicable laws and regulations, and (6) to manage the security of our premises and systems

• Sources of Personal Information: created by us (e.g., your Tuesday Morning Employee ID)

• Categories of Recipients of Personal Information: (1) Service Providers that help us to run our business, (2) benefits providers, and (3) governmental authorities

• Personal Information described in Cal. Civ. Code § 1798.80(e) (such as name, signature, Social Security number, mailing address, telephone number, passport number, driver’s license number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, other financial information (such as routing numbers, etc.), medical information, and health insurance information)

• How We Use the Information: (1) to communicate with you, (2) to onboard and enroll you as an Employee, (3) to manage our employment relationship with you, (4) to provide compensation and benefits, (5) to comply with applicable laws and regulations, and (6) to manage the security of our premises and systems

• Sources of Personal Information: created by us (e.g., your Tuesday Morning employee ID)

• Categories of Recipients of Personal Information: (1) benefits providers, and (2) governmental authorities

• Characteristics of protected classifications under California or federal law (such as age and date of birth, marital status, race, ethnic origin, sex, gender, sexual orientation, gender identity, religion or creed, military or veteran status, medical condition, genetic information, or disability)

• How We Use the Information: (1) to provide benefits, (2) to comply with applicable laws and regulations, and (3) for diversity and inclusion programs

• Categories of Recipients of Personal Information: (1) Service Providers that help us to run our business, (2) benefits providers, and (3) governmental authorities

• Why We Disclose Personal Information: to comply with applicable laws and regulations

• Commercial Information (such as products purchased using our Employee discount program or through our partnership discount program)

• How We Use the Information: (1) to administer corporate discounts, and (2) to detect and prevent fraud

• Categories of Recipients of Personal Information: Service Providers that help us to run our business

• Why We Disclose Personal Information: to process your purchases, returns, exchanges, and other transactions

• Internet or other electronic network activity information (such as browsing history, search history, and information regarding your interactions with our website)

• How We Use the Information: (1) to monitor use of our systems, (2) to manage Tuesday Morning’s corporate information technology, (3) to detect and prevent fraud against you and/or us, and (4) to manage the security of our premises and systems

• Sources of Personal Information: automatically when you use our electronic systems

• Categories of Recipients of Personal Information: Service Providers that help us to run our business

• Why We Disclose Personal Information: to manage security of our premises and systems

• Audio, electronic, visual, thermal, olfactory, or similar information (such as closed-circuit images, photographs, and videos)

• How We Use the Information: (1) to allow you to use video conferencing software and record such meetings, (2) to include in internal materials (e.g., organizational charts and marketing materials), and (3) to manage the security of our premises and systems

• Sources of Personal Information: automatically when you are on Tuesday Morning’s property

• Categories of Recipients of Personal Information: Service Providers that help us to run our business

• Why We Disclose Personal Information: to manage security of our premises and systems

• Professional or employment related information (such as education background and employment history)

• How We Use the Information: (1) to onboard and enroll you as an Employee, (2) to manage our employment relationship with you, (3) to provide compensation and benefits, and (4) to comply with applicable laws and regulations

• Sources of Personal Information: other individuals, such as your contacts who provide references

• Categories of Recipients of Personal Information: Service Providers that help us to run our business

• Inferences (such as your preferences, characteristics, and attitudes based on other Personal Information collected about you)

• How We Use the Information: to help determine eligibility for potential roles and functions at Tuesday Morning

• Sources of Personal Information: drawn from Personal Information in categories set forth above

• Categories of Recipients of Personal Information: N/A

• Why We Disclose Personal Information: N/A

• Sensitive Personal Information As set forth above, we may collect certain sensitive Personal Information (that falls within the other categories of Personal Information) from Employees for purposes of administering the employment relationship. This includes data elements such as your Social Security number, health information, and Personal Information that reveals your racial or ethnic origin.

DISCLOSURES OF CALIFORNIA EMPLOYEE PERSONAL INFORMATION

We disclose your Personal Information for the following business purposes: (1) to manage our employment relationship with you, and (2) when we engage Service Providers who perform services on our behalf (including processing, maintaining, and collecting Personal Information).

We do not sell (or share for cross-context behavioral advertising) the Personal Information of California Employees that we collect in the course of your employment with Tuesday Morning. We do not have actual knowledge that we sell or share the Personal Information of consumers under 16 years of age.

We may disclose the Personal Information described in this Employee Notice to Service Providers acting on our behalf that help us run our business and manage our human resources activities. We have also disclosed, or may disclose in the future, the Personal Information described in this Employee Notice in other circumstances when required to or permitted by law. These circumstances include:

• for pre-employment screening purposes, such as background checks or employment reference checks;
• disclosures required or permitted by law including to defend against legal claims;
• to law enforcement agencies, courts, regulatory agencies, and others when the disclosure is required or permitted by law, including to comply with valid legal process; and
• as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or at transfer, divestiture, or sale of all or a portion of our business or assets.

HOW LONG WE KEEP EMPLOYEE PERSONAL INFORMATION

We may keep any Personal Information for as long as we reasonably need the Personal Information to comply with law and legal requirements, cooperate with and respond to law enforcement requests or court orders, to maintain appropriate records for internal administrative purposes, to protect our rights and interests or those of others, to resolve any disputes, to enforce our policies, or to prevent harm.

Where information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us at consumerprivacy@tuesdaymorning.com.

SUBMITTING REQUESTS RELATING TO YOUR PERSONAL INFORMATION

If you are a resident of California, you have the right to submit certain requests relating to your Personal Information as described below. To exercise any of these rights, please submit a request by emailing us at consumerprivacy@tuesdaymorning.com or by calling us at 1-800-457-0099. Please note that, if you submit a request to know, request to delete or request to correct, you will be asked to verify your identity in accordance with the law. You may designate an authorized agent to make a request on your behalf; however, you will still need to verify your identity directly with us before your request can be processed. An authorized agent may submit a request on your behalf using the webform or toll-free number listed above.

If we decline to fulfill your privacy rights request, we will tell you why, unless we are not legally permitted to do so.

Right to Know. You have the right to know what Personal Information we have collected about you, which includes:

(1) The categories of Personal Information we have collected about you, including

a.The categories of sources from which the Personal Information was collected

b.Our business purposes for collecting or disclosing Personal Information

c.The categories of recipients to which we disclose Personal Information

d.The categories of Personal Information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of Personal Information

(2) The specific pieces of Personal Information we have collected about you

Right to Delete Your Personal Information. You have the right to request that we delete Personal Information we collected from you, subject to certain exceptions.

Right to Correct Inaccurate Information. If you believe that Personal Information, we maintain about you is inaccurate, you have the right to request that we correct that information.

Right to Opt Out of Sales and Sharing of Personal Information. We do not sell (or share for cross-context behavioral advertising) the Personal Information of California Employees.

We will not discriminate against you if you choose to exercise any of your privacy rights under the CCPA.

CONTACT US

If you have questions about how Tuesday Morning handles your Personal Information or if you need to access this Employee Notice in an alternative format or language, please contact us by calling 1-800-457-0099 or by emailing us at consumerprivacy@tuesdaymorning.com.