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California Consumer Privacy Act

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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 year 2019 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.


Category Examples of PI Collected Sources of PI Purposes for PI Collection Categories of Recipients
Identifiers Name, postal address, telephone number and email address Website and point of sale Communication and interaction with customers Tuesday Morning HR and Customer Service teams, Data warehouse provider, email services and website provider, third party ad networks, social networks and analytics. All recipients are Service Providers as defined by the CCPA.
Customer / Individual Records Name, postal address, telephone number, email address, payment card token Customer at point of sale and customer at website Communication and interaction with customers Data warehouse provider, email services and website provider, third party ad networks, social networks and analytics. All recipients are Service Providers as defined by the CCPA.
Protected Characteristics None collected
Commercial Information / Purchase Details Purchase history or tendencies Point of sale Communication and interaction with customers Data warehouse provider, email service provider, website provider, third party ad networks, social networks and analytics. All recipients are Service Providers as defined by the CCPA.
Internet Usage Information Browsing history and information regarding interactions with our website IP address Holistic view of website interaction, not personalized collection Not shared with Service Providers or other third parties
Geolocation Data Precise physical location Customer on website by choice/acceptance Aid customer in experience Not shared with Service Providers or other third parties
Sensory Data Audio recordings of customer service calls, CCTV footage Customer service phone logs and recordings and recordings in stores Safety and quality control Not shared except as required by law
Professional or Employment Information Professional, educational, or employment-related information Applicant Employment records Corporate Human Resources and Service Providers
Inferences from PI Collected Customer profiles reflecting preferences and predispositions Customer Customer’s requests and preferences Service Providers only


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

Under the CCPA, California Consumers have certain rights which they may exercise independently or through an authorized agent. CCPA rights requests are subject to an identification and verification process. We will not fulfill a CCPA request unless we have been provided sufficient information for us to reasonably verify the identity of the requestor and the validity of the request.

Some PI we maintain about Consumers (e.g., clickstream data) is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI. Accordingly, we will not include such information in response to Consumer requests. If we cannot comply with a request, we will explain the reasons in our response. You are not required to create an account with us to make a verifiable request, but you may use your account to do so. We will use PI provided in your request to verify your identity or authority to make the request and to track and document request responses, unless you also provided the PI to us for another purpose.

Your California Consumer privacy rights are described below. To make a request, email consumerprivacy@tuesdaymorning.com or call us at 1-800-457-0099. Please follow the instructions on our website and promptly respond to any follow-up inquires so that we may confirm your identity. If you request that we provide you with specific pieces of information about you, we will apply the heightened verification standards set forth in this Notice.

We may collect, use, and disclose your PI as required or permitted by applicable law. Please note we are not obligated to comply with Consumer requests to the extent that doing so would infringe on our, or any other person’s or party’s, rights, or conflict with applicable law.

Disclosure Rights
You have the right to request that we disclose the following information about your PI that we have collected and are maintaining for the 12-month period prior to your request date. Consumer requests of this nature may be made no more than two times in a 12-month period.
  • 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.
You have the right to make or obtain a transportable copy of your PI that we (1) collected in the 12 months prior to the request date, and (2) currently are maintaining. Please note that we retain PI for various time periods in accordance with applicable law and our internal recordkeeping policies and procedures.

“Do Not Sell” Rights

While there is not yet a consensus, data practices of third party cookies and tracking technologies associated with our websites and mobile app may constitute a “Sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser, and mobile devices may offer ad limitation choices. In addition, third party tools may enable you to search for and opt-out of some of these trackers, such as the Ghostery browser plug-in available at https://www.ghostery.com/. We do not represent that these third party tools, programs or statements are complete or accurate, clearing cookies or changing settings may affect your choices and you may have to opt-out separately via each browser and other device you use.

Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to represent a “do not sell” request by you; accordingly, currently we do not view these signals as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.

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.


Deletion Rights
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and service you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement.

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.


CONTACT US

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.